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
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
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
rewarde for to entreat his mayster to the same so that the lordes fyne must nedes be the lasse or els the poore man shal be at a great charge Wherof speketh Salomon prouerbiorum .xvii. Melius est parum cum iustitia quam multi fructus cum iniquitate It is better to haue a lytell rightwisely than to haue moche ê“fyte wickedly But nowe to my mater that I spake of before there maye be in one manere or lordshyp bothe charter lande and copyelande and eche of theÌ„ well knowen from other one man maye haue and holde them bothe Also there be other tenaÌ„tes by copy of court role and is called tenauntes perle virge s by the yerde And they be called so bycause whan they wolde surrendre their tenementes in to the lordes haÌ„des to the vse of another they shall haue a lytell yerde in his hande by custome of the courte that he shall delyuer vnto the stewarde if he be there present or to the bayly or reue or to other two honest men of the lordeshyp And at the next court he that shall haue the said landes shall take it in the court and his takyng shal be entred in the role and the stewarde or bayly as the customes is vsed shall delyuer to hym that shall haue the lande the same yerde or another in the name of season hath non other euydeÌ„ce but the copy of the court role it maye be made in fee symple for fee tayle or for terme of lyfe And all maner of customes that be nat agayne reason may be admytted and a lowed for a custome And how be it that these maner of copye holders haue an estate of enherytaunce after the custome of the maner yet haue they no franke tenement bycause of the coÌ„men lawe and therfore they be called tenantes of base tenur Mesemeth it were necessary and coÌ„uenyent to shewe dyuers dyuersites howe copyes shulde be made for fere lest euery man that taketh vpon hym to kepe a court hath nat ê‘fitelye thexperyence therof as herafter enseweth ¶ First of surrenders of landes holden by the yerde HE shall take a yerde in his hande by th ende and delyuer the stewarde the other ende in his hande and say to the stewarde Here I A.B. do yelde vp or surrendre my landes that called D. the whiche I holde of this lordeshyp at the lordes wyll after the custome of this manere to the behoue of Iohan Browne and his heyres ¶ Howe the stewarde shall delyuer season ¶ The stewarde shall delyuer hym an ende of the yarde in his hande that shall haue this lande and he shall saye thus to hym My lorde graunteth you season of this lande that was A. B. the whiche ye haue take here in the courte to you and to youre heyres to holde at my lordes wyll after the custome of this manere and than he shall be sworne c. ¶ The maner of the othe of the tenaunt ¶ I shall beare faythe trouthe to my lorde of this manere as for the landes and tenementes that I haue taken of hym and truely do and pay the sutes customes rentes and seruyces that longeth therto as for the terme that I shall ocupy it so helpe me god c. and kysse the boke ley downe .i. d. as the custoÌ„e is ¶ Howe the copy shulde be made of landes holden by the yarde ¶ Ad hanc cur dnÌ„s concessit extra manus suas ê‘ I. F. capitalem senÌ„ suum TD M. vxori eius vnum mess et sex acr terre cuÌ„ pertinÌ„ iacent apud B. quibus dnÌ„s persenescalluÌ„ suum concessit seisinaÌ„ habend sibi et heredibus suis de dnÌ„o per virgam ad voluntatem dnÌ„i secundum consuetudinem manerii et dant pro fine pro ingressu inde habenduÌ„ prout patet in capite et fecit dnÌ„o fidelitatem et admissus est inde tenens ¶ Another forme for certayne rent for all maner of seruyce ¶ Ad hanc cur dnÌ„s concessit per I.F. senescalluÌ„ suuÌ„ TB et M. vxori sue vnum mess sex acr terre .ii. acr prati et vnam acram bosci cuÌ„ pertinÌ„ prefatê T M. hered et assignatis suis ad voluntatem duÌ„i secunduÌ„ consuetudinem manerii redd inde annuatim dnÌ„o et hered suis vel successoribus suis si dnÌ„s sit religio sus v.s.vi d. pro omnibus et singulis seruiciis ad duos anni terminos videlicet c. equis portionibus et dant dnÌ„o define c. et fecit fidelit The coÌ„men course is nat to put in certayntie all their rentes customes and seruyces in their copyes And that is in auncyent demeyne and in all places where their tenauÌ„tes haue their landes by copye to them and their heyres after the custome of the manere for there they haue or ought to haue a customarie role wherin is euery mannes lande contayned and what rent customes and seruyces euery man ought to pay and do and in many places their lawes and their customes be put in writyng and remeyn in their owne kepyng to put theÌ„ in a redynesse whaÌ„ nede shall require but there shal be made any new incrochmeÌ„tes or intackis inclosed or taken in out of the coÌ„mens or any myne newe fouÌ„de as leed ore tyn cole yrcuston or suche other if a copy shal be made therof it is thaÌ„ necessary conuenyent the rente therof to be put in the copye for it is a newe thyng that hath nat gone by custome and also it wolde be put in the customarye role for this newe approumeÌ„t maye fortune to encrese of rent or decrese in rent and therfore the rentes must alway be expressed Also wher a man hath a lordshyp wherin be many tenantes that holde their landes of their lorde by copy of court role for terme of yeres or for tme of life where they haue no state of inherytaunce In all suche copyes it is conuenyent that the rentes be expressed in the same copyes causa patet ¶ A recogniscyon of a tenaunt what he holdeth of the lorde ¶ Ad hanc cur venit R. T. coram S. E. senescallo huius manerii cognouitse tener de domino vnum messuagtuÌ„ decem acras terre tres acras prati cum pertinÌ„ in L. voc C. libere per cartam in socagio per redditum .xii. d. vel vnam libram piperis et sectam cur bis per annum Et etiam dictus RT cognouit se tenere de domino alium messuagium cuÌ„ crofto ad iacente et sex acras tre et ii acras prati cum pertifi ad voluntatem domini secuÌ„dum consuetudinem manerii et per redd duorum solidorum et fecit fidelitatem et admissus est tenens ¶ The forme of a copye in auncyent demeyne where the proclamacyons shulde be hadde ¶ Ad hanc cur tent ibidem tali die et anno c. venit A.B. filius et heres I.B. et sursum redd in
domini huius manerii et petit licenc ad maritand filiam suam infra dominium istud vel extra dominus per W. C. senescallum suum concessit licenc et dat c. MEmorandum that there is no maner of estatê made of free lande by polle dede or dede indeÌ„ted but lyke estates may be made by copye of copye landes if they be well made and entred in the courte rolles And the stewarde is bounde by lawe and conscyence to be an indyfferent iudge bytwene the lorde and his tenauntes and to entre their copyes truely in the lordes court rolles the whiche is a regester to the lorde to knowe his presydentes customes seruyces and also a great suretie to the tenantes that if their copies were lost they may vouche and resort to the lordes court rolles and the stewarde maye make them newe copyes accordynge to the olde presydent in the lordes court role lyke as at the commen lawe whan a mater in varyauÌ„ce bytwene two men is past by verdyt and iudgement gyuen therof and entred in the kynges recordes ther it resteth of recorde and also yf a dede or a patent be inrolled there it remeyneth of recorde in lyke maner so that if any partie wyll haue any copye therof they maye sue to the iudges the offycers of the place where the recorde lyeth and haue a copye therof exemplyfied vnder the seale of offyce of the same place where suche recorde lyeth and maye plede the same recorde in euery court the kyng hathe and the lordes stewarde maye do in lyke maner c. ¶ The othe of all maner of offycers generally ¶ To whome the stewarde shall saye ley thy hande vpon the boke and saye after me I shall true constable be trewe thridborowe trewe reue trewe frankelege trewe tythingman true ale taster trewe wodewarde and trewe pynder with suche other offycers that be vsed to be sworne in the lordes courte and true preseÌ„tment make and truely and duely do and kepe all thynges that belongeth to myne offyce to do so helpe me god and my holydome and kysse the boke ¶ The othe of a denysen ¶ I shall true liegeman be and true faythe beare to kyng Henry that nowe is and to his heyres and no trayson do nor thervnto assent nor no thefte do nor no theues felowe be nor any of them to knowe But that I shall enforme and do to witte them that be the kynges offycers therof that haue the lawe to gouerne and I shall be buxome and obeydient to iustyces coÌ„myssioners sheriffes exchetours baylyes and constables and to all other offycers of the kynges in all thynges that they commaunde me to do laufully so helpe me god and halydome c. ¶ The othe of afferoure ¶ I shall truely affere this court and highe no man for no hate ne lowe no man for no loue but to sette euery man truely after the quantite of his trespace to my knowledge sauyng to a gentylman his counteynaunce and his householde a machaunt his marchaÌ„dyse a husbande his tenure and his werke beestes to his ploughe so helpe me god and my holydome This artycle gothe farther Et quantum reddant per annum de redditu assise And howe moche they yelde by the yere of rente of assise And first ye shall knowe that there be thre maner of rentes that is to saye rent seruyce rent charge and rent seeke Rent seruyce is wher a man holdeth his laÌ„des of his lorde by fealtie certayne rent or by homage fealtie certayne rent or by any other seruice and certayne rent This is a reÌ„t seruyce if the rent be behynde at any day that it ought to be payed at the lord may distreyne for that rent of coÌ„men right and if the lorde purchase parcell of the sayd lande that the rent gothe out of the rent shal be apporcyoned except it be an entter rent as a sperhauke or a horse or suche other that can nat be seuered for than the rent is extinct and gone for euer c. Rent charge is where a man is seased of landes in fee and graunt by poole dede or by dede indented â–ª Annuell rent goyng out of the same landes in fee or in fee tayle or for terme of lyfe with a clause of dystresse that is a rent charge and the grauÌ„tee maye distreyne for the same rent bycause of the clause of dystresse But if the graunte purchase parcell of the sayd landes wherof the sayd rent gothe out the hole rent charge is extynct and gone for euer For suche a rent charge maye nat be apporcioned bycause the landes come to his owne possession by his owne acte or dede Rent seeke is wher a man is seased of landes in fee graunt a rent goyng out of the same without a clause of distresse that is a rent seeke and it is called a reÌ„t seeke bycause there is no distresse insedent nor beloÌ„gyng to the same Also if a man by dede indeÌ„ted make a feoffement in fee or in fee tayle the remayndre ouer in fee or for terme of lyfe remeyner ouer in fee reseruyng to hym certayne rente without any clause of distresse in the same That is a rent seeke and if the graunte were neuer seased of the said rent he is with out remayndre by course of the coÌ„men lawe Ther is another maner of rent that is nother rente seruyce rent charge nor rent seeke and that is called rent annuell And that is where as a man graunteth by his dede an annuitie of xx.s be it more or lasse and chargeth no lande with the payment of the same That is a rent annuell and it chargeth the person that graunteth the sayd rent by a writte of annuite and in some cause a rent charge may become an annuell rent as and a man graunt a rente charge out of his lande with a clause of dystresse the graunte is at lybertie wheder he wyll distreyne for the rent or sewe a writ of an nuyte agaynst the graunter And if he sewe his writ of annuyte the lande is dyscharged of any distresse and therfore the grauntour maye make a prouycion in his graunt s prouiso semper ê™ presens scriptum nec aliquid in eo specificatum non aliqualiter se extendat ad onoranduÌ„ personam meam per breue vel actionem de annuite sed tantuÌ„modo ad onoranduÌ„ terras et tenementa predicta de annuali redditu predicto And this prouyse had the landes be charged and the person discharged ¶ Of those free tenauntes that sewe to the courte of the countie and who seweth nat and howe moche falleth to the lorde after the decesse of suche tenauÌ„tes Cap. xii ITem inquirendum est de predictis libere tenentibus et qui secuntur ad cur ad comÌ„ in coÌ„mitatu et qui non quantum accidit domiÌ„o post mortem taliuÌ„ liberorum tenentium It is to be enquered of the foresayd free tenauntes whiche of them shall folowe the court of the
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
for the landes and tenemeÌ„tes that I clayme to holde of you and loyally shall do paye the rentes customes and seruyces that I ought to do at the termes assygned as god me helpe all sayntes and than kysse the boke ¶ Whan a villayne shall do feaultie to his lorde he shall ley his hande vpon the boke and say thus Here you my lorde R. that IW de C. fro thus day forthe to you shal be faythfull and lowly and to you shall do all the customes and seruyces that I ought to do to you for the landes that I holde of you in vyllenage and I shall be iustifyable of body and of goodes as god me helpe and his sayntes and than kysse c. ¶ Whan a villayne that holdeth no landes of the lorde shall do feaultie he shall ley his hande vpon the boke and saye thus Here you my lorde S. that IW.B. fro this day forthe to you shal be faythfull and lowly and I shal be iustifyable to you of body and of goodê as god me helpe and his sayntes kysse the boke c. ¶ What a surueyour shulde do Cap. xix NOwe this statute is breuely declared it wolde be vnderstande howe a lordshyp or a maner shu de be surueyed vewed butted and bounded on euery ê‘te that it maye be knowen for euer whose euery parcell therof was at the makyng of this boke it may serue as well to saue the inherytauÌ„ce of the lordes as of euery fre holder by charter copye holder customary holder and to knowe euery maÌ„nes lande as it lyeth to his house one froÌ„ another so that it may be knowen an huÌ„dred yeres after and for euer what maner of landes and howe many acres euery man had to his house at that tyme and where they lyeth The name of a surueyour is a frenche name and is as moche to say in Englysshe as an ouerseer Than it wolde be knowen howe a surueyour shulde ouerse 〈◊〉 â—uruey a towne or a lordshyppe as and the cytie of London shulde be surueyed The surueyour may nat stande at Hygate nor at Shotershyll nor yet at the Blackheth nor suche other places and ouer loke the cytie on euery syde For and he do he shall nat se the goodly stretes the fayre buyldinges nor the great substaunce of richesse conteyned in them for than he maye be called a disceyuer nat a surueyer in lyke wise if a man shall vieu a close or a pasture he maye nat loke ouer the hedge go his way but he must outher ryde or go ouer se euery parcell therof and to knowe howe many acres it coÌ„teyneth howe moche therof was medowe grounde howe moche pasture grouÌ„de howe moche wode grounde or busshe grouÌ„de heythe lyng or suche other what an acre of medowe grouÌ„de is worthe and what an acre of pasture and what an acre of the woode grounde or busshe suche other be worthe And what maner of catell it is best for and howe many catell it wyll grasse or fynde by the yere and what a beastes grasse is worthe by the yere in suche a pasture or els he can nat set a true value what it is worthe And therfore a Surueyour must be dilygeÌ„t and laborous and nat slouthfull and rechelesse for and he be he is nat worthy to haue his fee or wages and may fortune to make an vnperfite boke And if he so do it is to his shame rebuke and great ieopardy to his soule to make a false presydent Wherfore it is conuenyent to remembre the sayenge of the wyse philosofer Abhibe curam that is to saye take hede to thy charge so if he shulde vieu a cytie or a towne he must begyn at a certayne place as and it were at the drawe bridge of London bridge on the Eest syde and there to make his tytelynge where he begiÌ„neth and to shewe who is lorde of the house next vnto the sayd bridge and who is tenaunt And if he be a free holder what chefe rent it payeth to the lorde customes or other seruyces and if it be no free holde than the rent nedeth nat to be spoken of but at his plesure for it maye ryse and fall and howe many fote in brede and howe many en length Than to the secoÌ„de house on the same Eest syde in lyke maner and so to peruse from house to house tyll he come to saynt Magnus church And than retourne agayne to the sayd drawe bridge on the West syde and ther begynne at the house next to the sayd bridge and so to peruse fro house to house tyll he come to the corner next TeÌ„mes strete and than he may chose wheder he wyll folowe the southe syde of the sayd TeÌ„mes strete Westwarde and Eestwarde tyll he haue perused the hole parissh And if there be any maner of gardens entres or aleys or other dwellyng places withiÌ„forthe they may nat be ouerskipped forgoten nor laft out but taken by the way Howe moche euery garden is howe longe euery aley and entre is and how many dwellyng places be therin and whose they be and howe many cellars or tauernes there be and howe many footes euery one of them be in length and brede And so to go from parysshe to parysshe tyll he had viewed the cytie and euery strete and lane wolde be remembred what length brede they be of And also euery churche and churche yarde other voyde places the whiche wolde aske a great leysar but yet it is possyble to be done ¶ Howe a man shulde vieu but and bounde the maner and the towneshyppe Cap. xx ¶ The towne of Dale THe vieu of the maner of Dale taken the tenth day of May the .xiiii. yere of the raygne of kyng Henry the .viii. by AB generall Surueyour to the ryght honorable lorde C. D. lorde of the same by his coÌ„mauÌ„dement also by the othes of EF. GH many other tenaÌ„tes of the same as herafter ensueth ¶ The cytie of the maner of Dale standeth lyeth bytwene the kynges hyway leadyng from the towne of A. vnto the towne of B. on the southe parte the churche yarde of the same towne of Dale on the Eest syde and the coÌ„men felde of the same towne called the northe felde on the northe parte And the tenement or mese place of IohnÌ„ Coke on the West parte and conteyneth .xx. perches in brede .xxx. ê‘ches four fote in length euery perche .xvi. fote a halfe Whervpon is set the maner place sufficiently buylded with two crosse chaÌ„bres of stonne of bricke or tymbre withall maner of houses of offyce within forthe two barnes and an oxe house a hey house and a stable a garden an orcharde And if it be moted about expresse howe moche housyng standeth with in the mote and howe moche without and with what maner of coueryng the houses be couered The which maner with the demeanes landes medowes leyse pastures be
nowe in the holdyng and occupacion of T. S. and payeth by the yere at four termes or two tymes ther vsed s c. by euyn porcions .vi. li. xiii.s.iiii ¶ The cytie of the personage standeth and lyeth bytwene the sayd hyway on the southe parte the sayd churche on the West parte and the sayd northe felde on the northe parte and the tenementes of I. C. on the Eest parte And the sayd person hath a crofte lyeng bytwene the sayd northe felde and the sayd churche yarde on the southe parte and the sayd cytie and crofte coÌ„teyneth .x. perches on the southe syde .xiiii. perches on the northe syde and .xxx. perches in leÌ„gth on the Eest syde and .xvi. perches and a halfe on the West syde And the mancyon place the houses ther vnto belongyng be nowe ruynous and one sir S. B. is nowe person there and had it of the gyfte of the lorde to whom the gyft belongeth euery thirde tyme and to y. F. the next tyme and C. D. the thirde turne and so as ofte as it falleth And the sayd S. B. occupyeth the sayd personage him selfe withall the glebe landes medowes tythes and all other frutes and is worthe by the yere .xx. li. And in lyke maner of a vycarage and than must ye shewe who is ê‘sone the whiche moost coÌ„menly is a spirytuall man ¶ I. B. holdeth a mese place frely of the lorde by charter with dyuers landes medowes and pastures be longynge to the same The whiche mese place lyeth bytwene the sayd hywaye and the sayde northe felde as before sayd and the sayd personage on the West syde and the tenement or mese place of F. G. on the Eest parte and conteyneth .xii. perches on the southe ende in brede .xxii. perches and four fote in length and .xvi. perches in brede on the northe ende And he holdeth the sayd mese withall that longeth therto of the sayd lorde by homage fealtie and ii.s by the yere and halfe a pouÌ„de of peper suite of court from thre wekes to thre wekes and to the two great letes And this he may expresse the seruyce of the rent if he may haue ê‘fyte knowledge by the lordes presydens or by origynall dedes ¶ FG. holdeth a mese place with the appurtenauÌ„ce of the sayd lorde at his wyll or by indenture or copye and it lyeth bytwene the sayd hiwaye and the northe felde and the foresayd mese place of IC on the West syde and the felde called Eest felde on the Eest syde coÌ„teyneth .xi. perches and sixe fote in brede and .xviii perches ten fote in leÌ„gth And payeth vnto the lord at the termes their vsuels sixtene shillynges suite of courte two hennes and an herryot at his decesse c. ¶ GH holdeth a cotage of the lorde by copye standeth bitwene the sayd hiwaye on the northe syde and the townfelde called the southe felde on the southe ê‘te and the sayd Eest felde on the Eest syde And a mese place of the priour of B. on the west syde it conteyneth by the hiway sixe perches and at the south ende seuyn perches and eight fote and on eyther syde .xii. perches and payeth by the yere at the sayde termes twentie pens suyte of courte and one henne ¶ The priour the couent of B. holdeth a mese place and a croft with the appurtenance of the lorde frelye in pure almes and it lyeth bytwene the sayde cotage in the buyldinge of G H. on the Eest syde and a mese place of the lordes in the holdyng of T S on the west and buttes vpon the sayd hiway on the said southe felde and conteyneth in brede by the sayd hyway sixtene perches and in length twentie perches and at the southe ende twelfe Perches in brede and payeth to the lorde halfe a pouÌ„de of peper for all maner of seruyce c. ¶ T S holdeth a mese place of the lorde by indenture and it lyeth bytwene the sayd tenement of the priours on the Eest syde and another hiwaye that leydeth or gothe fro the forsayd churche or ê‘sonage vnto the towne of z on the West syde and bytwene the foresayd hiwaye on the northe syde and the tenemeÌ„t of the lordes in the holdyng of H. L. on the Southe syde and it coÌ„teyneth .x. perches euery way payeth by the yere c. suyte of courte and herryot Also the sayd ST holdeth of the lorde an horse mylne nexte adioyning to his sayd mese and the tenement of HL and is coÌ„teyned bothe in length and brede within the sayd .x. perches Wherof the lorde shall fynde all the great tymbre and bring it to the mylne and the mylner shall make all the cost bothe of the house and the goyng geyre And also he shall bothe thacke daube at his owne cost and charge and payeth for the same at the said termes sixe shillynges two hennes at christenmas and two capons at Pasche ¶ H.L. holdeth a tenement of the lorde and it lyeth bytwene the sayd horse myle on the northe syde the sayd southe felde on the southe syde and buttes vpon the sayd hiwaye that leadeth to z on the West and the croft of the sayd priours on the Eest and conteyneth xii perches and .x. fote in brede by the hywaye and ix perches in length to the sayd crofte and payeth at the termes aforesayd x.s two hennes at Christmas and suyte c. ¶ P.Q. holdeth a cotage of the lorde at his wyll it lyeth bytwene the sayde way that leadeth to z on the Eest syde and a crofte of RX on the West syde and a felde called southe felde on the south syde and the tenement of RX of the northe and it coÌ„teyneth in brede by the hiway four perchez and in length sixe perches and a halfe and payeth c. ¶ RX holdeth a tenement a crofte called the swan frely by charter they lye vpon the corner bytwene the sayd two hywayes on the northe and Eest and a tenement of the lordes in the holdyng of WC and a medowe called West medowe on the West syde and a cotage in the holdynge of PQ and southe felde on the southe syde And it conteyneth in it selfe .viii. perches square and the crofte conteyneth .xii. perches in length and sixe in brede wherin be fyue buttes of the whiche one but is the said priour of B. that is to say next vnto the hedge on the West syde except one and he holdeth the sayd tenement of the lorde by homage feaultie and asperhauke for all maner of seruyce ¶ WC holdeth a tenement of the lorde lyeng bytwne the said tenement of RX on the Eest syde and the medowe called west medowe on the West and Southe and the sayd way that leadeth from A vnto B on the north syde coÌ„teyneth .xiiii. perches in brede .xvii in length and payeth c. suite of court herryot c. ¶ IC holdeth a tenement of the lorde and it lyeth bytwene the sayd maner place