ran in place of the seruice Sur. The case is not alike for the annuity was not parcell of the Mannor neither can it be by such meanes as you propound by the way of Mortgage But in another sort it may as if a Mannor be to be diuided into sundry parts and because the parts fall out vnequall in value there must a rent or annuity be apportioned to make vp the value which rent becomes parcell of the Mannor Lord. If the Mannor be diuided as you say and a rent allotted to one part how can the rent be parcell of the Mannor forasmuch as in my vnderstanding the Mannor becommeth by this partition to be no Mannor for if there can be no addition to a Mannor there can be no diuision of a Mannor and yet the Mannor to continue still a Mannor Sur. Yes Sir of one Mannor may be made diuers at this day Lord. How I pray you Sur. If a Mannor descend to diuers partners and they make partition and euery one hath demeisnes and seruices euery one hath a Mannor and euery one may keepe a Court Baron Lord. What if a man make a feoffement vpon conditions of parcell of his Mannor or do graunt a Lease to another for life of part or do intayle part are not these parts still parcels of the Mannor Sur. If parcels of a Mannor be once thus seuered they immediatly become no parcels thereof yet may they all reuert and become parcels of the Mannor againe as if the condition of the feoffement be broken if the Tenant for life dye or the limitation of the entayle discontinue for want of heires Lord. Then a man may say that though such Land be not yet the reuersions are parcels of the Mannors Sur. So it is intended Lord. Well you haue reasonably well satisfied me in these poynts yet would I gladly haue some further satisfaction of some other matters touching the state and profits of a Mannor Sur. I would be willing to do my best to content you but you partly hinder me of other businesse What else would you know I wish breuity Lord. It shall be so neither shall you lose your labour for I meane to vse you if my future satisfactâ—on be answerable to this former May euery Mannor kéepe a Court Baron Sur. Euery Mannor in the beginning no doubt might keepe a Court Baron and so it may at this day vnlesse the Mannor be so dismembred as it wanteth that which may warrant the keeping thereof for if all the freeholders of a Mannor do escheat or all but one the Mannor is then disabled to keepe a Court Baron for the Court cannot be kept without suters which are the freeholders Lord. Then me thinks the Mannor loseth the name of a Mannor for if it lose the quality it is not the thing no more then a logge that had fire can be sayd a fire-logge when the fire is extinct Sur. It is true it becomes no Mannor but a Seignorâ— hauing no power to keepe a Court-Baron Lord. An ignorant Surueyor I sée may be easily deceyued in terming that which is no Mannor a Mannor and that no Mannor which indéede is a Mannor But satisfie me in this one thing A man hauing two Mannors lying together and the one of them is decayd and hath lost his power to kéepe a Court Baron and the Lord is willing to haue the Tenants of both these Mannors to do their suites and seruices to one Court namely to that which standeth yet in force and that me thinks were good for the Tenants to ease them and it would preserue the Lords right without preiudice to any for then one homage would serue both and both serue as one one Bayly and other officers as if it were an future Mannor Sur. Yet this can not bee for this vnion of the Mannors can not extinguish theyr seuerall distinctions for they will be still two in nature howsoeuer the Lord couet to make them one in name and the more powerfull Mannor hath no warrant to call the Tenants of the decayd Seignory but euery act done in one to punish an offendor in the other is trauersable and therefore it is but lost labour to practise any such vnion if it be considered by such as are forced to seruice in this kind they may refuse it yet if they will voluntarily submit themselues to such a nouation and the same be continued without contradiction time may make this vnion perfect and of two distinct Mannors in nature make one in name vse and I do not thinke but such there are Lord. Then is there as it séemeth no meane to annere two Mannors in one howsoeuer necessary it were both for the Lord and Tenants Sur. Yes Sir two Mannors may become as one if one Mannor do hold of another and it escheat to the Lord the escheated Mannor may be annexed and vnited and of two distinct Mannors become one if the Lord will in vse Lord. I am answered in this poynt and it standeth with more reason indéed then the former now I pray you tell me what things do properly belong to a Mannor Sur. There do belong to a Mannor Lands Tenements rents and seruices as I shewed you before in part which are a parcell in demeisne and parcell in seruice Lord. But speake I pray you something more at large of euery of these and first tell me what demeisnes are Sur. Demeisnes are all such Lands as haue bin time out of the memory of man vsed and occupied in the Lords owne hands and manurance as the site of the Mannor house Meddowes Pastures Woods and arable land that were reserued for the maintenance of the Lords house from the beginning Lord. This then is that you call parcell in demeisne what is that you call parcell in seruice Sur. All those lands tenements and hereditaments which yeeld rents of Assize as rents of freehold copyhold or customary land all which are parcell of the Mannor yet no demeisnes Lord. But are not all customary land copyhold land why then make you a distinction betwéene copy and customary Sur. All copy hold Land is commonly customary but all customary is not copyhold for in some places of this Realme Tenants haue no copyes at all of their Lands or Tenements or any thing to shew for that they hold but there is an entry made in the Couâ—t-booke and that is their euidence and this especially of the ancient Duchy land of Cornewall and other places Lord. These Tenants then may be called Tenants by Court-roll according to the custome of the Mannor but not Tenants by copy of Court-roll Sur. It is true but they are held only a kinde of conuentionary Tenants whom the custome of the Mannor doth onely call to do their seruices at the Court as other customary Tenants do Lord. The word conuenire where of they be called conuentionary doth as I conceiue import as much as to call together or
election and appointment some of the Tenants among whom they are yeerely chosen as Hayward Reeues c. 39 Within what Diocesse and Deanery within what diuision and hundred lyeth this Mannor and to what place are you that are the Tenants vsually called to doe your seruices to muster and to shewe your Armour and weapons and what Beacons are you appointed to watch and ward at It were a simple part of a Surueyor if his Lord should aske him these questions and hee should answere I cannot tell and yet are they things fit for the Lord to bee acquainted with 40 What Markeâ— Townes are neerest vnto this Mannor and what commodities are there especially vented at euery of them This is also necessary to bee knowne of the Lord that dwelleth remote from his Mannors Thus much for the charge Euery Surueyor is in discretion to order his owne businesse and none is tied to this method of charge yet he must take the substance of these Articles or such and so many of them as in his conceit guided by some foreknowledge of the state of the Mannor which he is to suruey are fittest to be deliuered vnto the Iurie and withall he is to explaine vnto them the sence and meaning of euery Article more at large then hee will giue them in the letter And hauing thus finished the charge I hold it fit to giue the Articles in writing vnto the Iurie to the end they may answere their knowledges to euery of them in writing And because the Iury perchance cannot so methodically set downe their owne plaine meanings as is fit to bee ingrossed in the Lords booke the Surueyor must correct the former still keeping himselfe within the compasse of the meaning of the Iurie then to reade the same vnto theÌ„ distinctly that they may allow or disallow the same and because they shall hauâ— sufficient tâ—â—e to consult and deliberate vpon euery Article they may haue day giuen them vntill such time as the Surueyor doth thinke hee shall finish the Perambulation and view of the Mannor in sort as hee intendeth and then to take their verdict and accordingly to ingrosse the same Immediatly afâ—er the charge thus ended the Surueyor is to make proclamation in the name of the Lord of the Mannor that euery Tenant doe presently produce his deedes copies Leases and other Euidences to the end that the Surueyor and his Clarke may enter them roughly in a booke and afterward inroll them faire in a boâ—ke of Parchment for continuance And if any man make default he may find it by the catalogue of the names of the tenants which he must take at the beginning of the Court and crosse them as they bring their euidences to be entred the manner of which entries doth briefly follow Intrationes omnium singularum chartarum Copiarum Indenturarum omniumque aliarum Euident tenentiuÌ„ ibidem factae tertio die Nouemb. Anno Regni Domini nostri Iacobi Dei gratia magnae Britanniae Franciae Hiberniae Regis fidei Defensorâ—s c. 4. vt sequuntur viz. Chartae Liberorum tenentium W. P. de F. in Coâ— M. Yeoman per charta 〈◊〉 dat tertio die Martii Anno regni Henr. 7. secundo teneâ— libere sibi haer edibus suis if it be intailed then according to the limitation ex donat R. S. vnum mensuagium sine tentm vocat Whytlocks situat in quadam venella vocat Potters-street 〈◊〉 â—esuag R. L. ex â—â—str quandam viam vocat Loue-lane ex parte Bor. abutâ—â—an fuper magnam communiam vocat Hownes Moore in Occiden super com campum vocat Beggers Bushfield in Orientem continet in longitudine quadragint pertic in latitudine nouem pertic dimid vnum â—lm prati vocat Mosse meddow cont per estimat quinque acr quinque acr prat iac in commun prat vocat Colliers meade tres clausur terrae arabilis insimul iacent vocat Bathyes cont in se in to per estimat deceÌ„ act vnum clm pastur vocat Abbots close iacent c. cont per estimat tres acr Quod quidem mesuagium pred R. S. nuper perquisiuit de quodam A. B. habend c. per redd vnius libr. Piperis per seruic inde debit consuet 1. libr. Piperis In hac forma ceterae omnes irrotulâ—ntâ—r chartae secundum particularia in eisdem specificata Copiae Custumariorum Tenentium B. C. peâ—cop Cur. dat nono die Maii Anno regnâ— Elizabeth 30. tenet exsursum reddicâ—one W. R. vnum tentm iacent in quodam vico vocat Church-street in t c. according to the buttles vnam clm terrae voc Haywood iac c. cont per estimat duas acr vnum pratum vocâ—t Deare meade cont quinque acr decem acr terr in com caÌ„pis Habendum sibi haered suis ad voluntatem Domini secundum consuetudinem Maâ—ern dedit Domino pro fine 3. pounds 6. 〈◊〉 8. pence reddit per annum 2 shil 6. pence If the estates be for liues as in the most Maâ—â—â—rs in the West then the entries of the Copies must be according to the words of the copie and at the foot of the entry of euery copie it is fit to set downe the ages of the tenant in possession and of them in reuersion Also it behooueth a Surueyor in the entry of all Deeds and Copies to set downe the names of all mesuages and tenements and the names of euery particular close and parcell of land as they are set downe in the Copie And not only the present tenants name but the former tenants for two three or foure descents if it be expressed in the copies It is a fault in some Stewards that in making out Copies do set onely downe the name of him that surrenders and the name of him to whom the surrender is made without further relation of any former tenants name and do also set downe the mesuage without setting downe the particular parcels of land belonging vnto it vsing onely generall words which in all things import incertaintie Whereas if he did well he should obserue and set downe euery parcell both in qualitie and quantity namely what is meddow pasture arable wood c. with the principall buttes and bounds by the Surueyors booke De intratione dimissionum siue Indenturarum in quibus ea quae sequuntur obseruanda sunt Dies mensis annus Partes inter quas facta est Indentura Consideratio concessionis Particularia quae per Indenturam traduntur Habeâ—dum cum termino annorum aut vitarum pro quo aut quibus conceduntur Redditus tempora solutionis Clausa districtionis aâ—t forisfacturae Conuentiones Prouisiones breuiter Quomodo obligatur ad warrantizanduâ— Concessor c. This suffiseth for the forme of the entry of Deedes Copies and Leases Bayly Is this all that is required in the making vp of a booke of Suruey Sur. Some thinke it
I haue seene and obserued among them a kind of madnes as I may call it but in the best sence it is a kind of ambitious or rather auaricious emulation wherein they striue one to outstrip another in giuing most as where my selfe haue had businesse of this nature namely of letting setting or selling of land for yeeres or liues being or neere being determined in farmes or other like whereby the Lord hath bin at liberty to dispose therof at his will for best aduantage by choice of a new tenant Proclamation to that effect hath bin made in opeÌ„ court where I haue seene and it is dayly in vse that one wil outbid another as at an outcry in London in so much as I haue wondred at their emulation and could not haue asked what they haue raysed it vnto themselues And should any that is in authority in this case who in duty is not to hinder the Lord or the Lord himselfe inhibit such hot spirits to clyme as high for the Lords aduantage as the ladder of their owne will and supposed ability will reach This is not as one Swallow in a Summer but they are many and euery where Winter and Summer and yet are other meÌ„ accused and condemned for theÌ„ and their faults if there will be a fault in itselfe but I should thinke it greater madnes for a Lord wilfully to refuse what is so voluntarily offered and so willingly by giuen Now who is the cause of raysing rents and fines Farm I know such rash ouer forward meÌ„ there are in the world not a 〈…〉 eâ—ery Mannor who are especially priched forward to this reuelation through enuy and a 〈◊〉 hauing meanâ—â— to atchieue their desires But this bidding and out-bidding is in things wherein the Lord iâ— at his libertie to take a tenant whom holist But in 〈◊〉 tenemâ—nts of inheritâ—nce the case is otherwise where the rent is and the fiâ—e for the most part certainâ— what needes the Lord haue this surueyd or any free-hold lands Sur. It is fit the Lord should know what hiâ— tenant holde to be it free or customary though at this day there be a needlesse nicenesse in some free-holders of Mannors who seeme to conceale their estates and to kick against the view of their lands but if they knew what they did they would reforme that error Farm Call it you an error for a free-holder to refuse to shew his estate to the Lord or not to suffer his land to be surueyd Sur. I may well so call it nay I may call it a great fault or an iniury done against the Lord and hurtfull to himselfe There is none it may be you know it that holdeth of any Lord land but he holdeth the same by some kind of rent or seruice and when he comes to take vp his land after the death of his auncester or vpon purchace but he doth or ought to do homage and fealty or one of them vnto the Lord of whom he holds it the doing whereof how ceremonious it is if you be a Tenant to any such land you know and wherein he maketh a solemne vow and oth to be true Tenant vnto the Lord for the land he holdeth And someâ—â—mes the Tenant of such a Tenure is forced to be ayded by his Lord for the same land if he be impleaded for it now if such a Tenant refuse to shew his estate or to permit his land to 〈◊〉 seeâ—◠〈…〉 to â—e true Tenant and to 〈…〉 are due vnto the Lord among which this of permitting the Lord to know his owne is not the least nay he â—â—ght by his oth of fidelity to further it by all meanes both by his proper knowledge and eâ—idence not only his owne but other 〈◊〉 lands and thereby he shall not only not preiudice himselfe but he shall fortifie his title so much the more by hauing his euidence inrolled and his land recorded â—n the Lords booke of Suruey that when his heire shall take vp the land or he alâ—en the same it appeareth that he is true Tenant vnto such lands for such rent and for such seruices but there be so many scruples thrust into mens heads by such as haue a pretended skill in matters of policie in this kinde and Lords 〈◊〉 Mannors haue bene so remisse in taking knowledge of the things in this maner appertaining vnto them that questions of Titles and tenures are dayly had and moued to the great trouble oftentimes both of Lord and Tenant as is seene by experience dayly as well of land holdeÌ„ of the King as of inferior Lords which may be reconciled if Tenants were not too curious and Lords too negligent Besides this there are other reasons to mooue the Lord to know what land is holden of him and by what title rent and seruice for free-holders may forfeit their land and their land may escheat vnto the Lord if then he should be ignorant what land it is where it lyes and how much it is he may be easily abused for want of records and so are many Lords of Mannors who for want of due knowledge of their tenants and of their land tenures other men are intitled to their right Far. You haue said more then I heard or dreamed of and it holdeth in some sort by reason how it is by law I cannot dispute but in all y t you haue said you haue not satisfied me in the thing before I spake of touching the 〈…〉 which as I said before 〈…〉 â—igâ—er then in former times â—y your 〈◊〉 Sur. You strike alwayes one string and I find the â—ound of your meaning you would always 〈◊〉 easily charged in your â—iâ—es as might bed and in that I blame you not 〈…〉 mans case to beare as light a burden as he can But if you remember what I spake before touching the cause of this raysing of fines where I prooued it came most by your owne meane you may be the sooner satisfied in this for it is in nature like the former Although this kind of Tenant hath seldom any competitor to emulate his offer because the Tenant leaueth coÌ„monly one either in right of inheritance or by surrender to succeed him and heâ—by custome of the Mannor is to be accepted Tenant alwayes prouided he must agree with the Lord if the custome of the Mannor hold not the fine certaine as in few it doth now this composition is commonly made by demaund of the Lord and offer of the Tenant The Lord asketh according to his conceit of the value of the thing and eyther his knowledge must arise by his owne experience or by information the information is eyther by secret intelligence of same officious neighbour or by due iudgement of an indifferent Surueyour 〈◊〉 such a one as carieth equall respects to Lord and Tenant And although as you alledge former times did affoord Tenants more fauour in rating and arbitrating fines as you suppose if you consider it well it is now as
is fit but for their euidences as their copyes and leases the Lord hath the Court-rolls of the one and counterpanes of the other and for fâ—ée holders déeds their Land is their owne and whether they may be compelled to shew them or not I can not tell Sur. These are â—â—iuolous doubtâ— that some haue formerly made but they haue bin answered to their cost for the law compelleth them all For admit the Lord of the Mannor haue the rolls wherein the copyes are recorded may not copyes be abused after their entryes or counterfetted in some things preiudiciall to the Lord as may also the Lease as hath been found oftentimes names and liues of men parcels of Lands dates of yeeres and such like â—azed inserted or altred And is it not fit therefore that they be seene entred together that without search of so many court rolls the Lord may be satisfyed the Tenants iustified And what preiudiceth it the Tenant to haue his euidences truly recorded if he meane plainely be it copy lease or free deede he will thinke it a confirmation of his estate what casualty soeuer come to the same he may be the better assured that such a record will witnes with him whereas if none such appeare his intrest will be the more suspicious and therefore such as are wise and discreet will not only consent to this good course but be thankefull vnto the Surueyor as behooueth If it be iust and right that the Lord should know his owne who should manifest it but the Tenant himselfe and how should hee doe it but by his euidence And most vniust it is in that Tenant that by any wilfull or sinister meanes or couert practice doth either detract his fellow Tenants from the seruice or concealeth any thing that may further the same Farm This I can not deny although indéede some â—oly fellowes will 〈…〉 doubt héerein but I sée it is to good purpose and for our better security to do all things requisite in this businesse and that all the Tenants within the Mannor should conioyne in 〈◊〉 and euery one for himselfe and all for one and one for all should séeke examine and declare the vttermost truth of euerything towards the exact performance of this seruice and that the Surueyor should know the quantities qualities and indifferent painâ—â—â— of euery mans Tenement and Lands their rents seruices customes worâ—s and whatsoeuer the Tenant is in lawe or conscience bound to yéeld or performe to his Lord and indéed thus 〈◊〉 haue I heard giuen in charge at a Court of Suruey with many other articles which are now out of my mindâ— all which may be done by Tenants with a good conscience both by relation in Courts and in the perambulation but the concealing of these can not stand with an honest mind for these things of themselues can not preiudice the Tenants but the misconceiuing misenâ—ring by the Surueyor may be erroneous and the ouer-racking vrging and ouerburdening the Tenants by the Lord may be extortious These things may fall out by meanes of an vniust and vnskilfull Surueyor and a couetous Landlord And the feare of this maketh the Tenants to exteâ—â—ate the values and to smother the truth of things to their soules danger therefore happy are those Tenants that haue a gracious Lord and an honest Surueyor for then there can not be but an equall and vpright course held betweene them then can not the Tenants but be faithfull and louing to their Lords and their Lords fauorable to them so should the Tenants be defended by their Lords and the Lords fortified by his Tenantâ— which were the two principall causes of the originall foundation of Mannors as I haue heard Sur. You say rightly and I am glad to heare you conceiue so well of this apparant necessity for so may I say that it is of necessity that the Lord should know the full and absolute estate of his Mannor and of euery particular thereof for howsoeuer of late dayes Tenants stand in higher conceits of their freedome then in former times if they looke a little back into antiquity they shall see that Tenants for the most part of euery Mannor in England haue ben more seruice vnto theyr Lords and in greater bondage then now they are whom the fauorable hand of time hath much infranchised and it can not be altogether euery where forgotten because they may see as in a glasse the picture of theyr seruitude in many auncient custome rolls and in the copyes of theyr owne auncesters and many seruile works haue been due and done by them and in many places yet are though the most are now turned into money but neyther theyr infranchisements nor the conuersion of works into rents doe so farre free them but that they still owe seruices vnto their Lords in respect of their tenures as well freeholders as customary Tenants as both in most of their copyes and deeds is expressed by these words Proâ—editu seruitiis vnde prius debit de iure consuet which proueth their tenures in a sort to be conditionall which condition if it be wilfully broken by the obstinate carriage of any such Tenant he indangereth his estate Lord. It were hard if for not doing some small seruice vnto his Lord a man should forfeit his liuing Sur. And it were very foolishnes in a Tenant for wilfull refusall thereof to indanger the â—ame for if the Lord be in lawe tyed to mayntayne the right of his Tenant and to defend him against any other that shall pretend a false title vnto his Land the Tenant is againe bound to performe all such seruices and to pay all such dutyes as of right he ought And it is expedient that the Lord should see these dutyes continued and it hath been and is dayly obserued that the neglect thereof extinguisheth the remembrance of them and so the Lord loseth his inheritance for euery seruice of the Tenant is parcell of the same and the remisnes of looking into these tenures hath brought it to passe that infinite within this kingdome that hold in fee quillets of Land and some Mannoâ—s know not how or of whom they hold so that hereby Lords of Mannors of whom these quillets were heretofore knowne to hold haue lost their tenures and seruices and such as hold the Land by vnknowne tenures are cast into the danger to hold to their and their posterities further hurt Farm If Tenants will be wilfully obstinate and refuse to do and continue their vttermost seruices vnto their Lords as bound by their tenures béeing as you say parcell of the Lords inheritance they are worthy to be attached of disobedience and to pay for their contempts and if Lords will bée so negligent as they will not looke vnto their owne they are worthy to lose their right and therefore I hold it discretion in the one to do his duty and prouidence in the other to continue what is due
conuent but what say you to the Rents of Assize What meane you by Assize Sur. Truly for my part I take it to signifie set in certainty for these kind of rents are as in the beginning neither risen nor falne but doe continue alwayes one and the same and only they and none else can be properly called rents of Assize Lord. I thinke you take it rightly and are all rents of one kind Sur. No there are properly three kinds as rent seruice Rent seck and Rent charge Lord. These termes are strange to me though I be Lord of many Mannors and no doubt I receiue rentes of euery of these kindes but how to distinguish them I can not tell And whether I haue bin abused by mine Officers or no I know not for they neuer told me of these many kindes of rentes and therfore let me intreat you for my satisfaction a little to explaine their seuerall natures Sur. These Seuerall rentes are paide vpon seuerall considerations and haue seuerall grounds and commencementes and are diuersly to be leuied and recouered if they bee denied That which is called Rent seruice is so called because it is knit to the tenure and is as it were a Seruice whereby a man holdeth his Landes or Tenements As where the Tenant holdeth his Lands by Fealty and certaine rent or by Homage fealty and certaine rent or by any other seruice and certaine rent the rent is called Rent seruice for as the Seruice followeth a Tenure so the Rent followeth the seruice And if this rent bee behind the Lord of Common right may enter and distrayne for it The Rent charge is so called because when a man graunteth any Land whether it bee in fee-simple â—ee tayle for life for yeares or at will and in his deede reserueth a rent with clause of distresse for non payment by vertue of this clause the Land is charged with payment of the rent by expresse wordes and by force of it the Lord may distraine for his rent behind Lord. This kind of rent is at this day I thinke most common for fewe will graunt Land but they will make such prouision that the Land shall stand charged with the rent Sur. It is true for at this day there can be no rent seruice raysed because it cannot bee without a tenure which can not be at this day created Lord. What is that you call Rent seek Sur. It is a bare rent reserued vpon a graunt wherein there is no mention made of charging the Land by distresse and it signifieth redditum siccum a dry rent for the recouery whereof the Land is not charged Lord. Few such rents are now adayes for a man had nâ—ede to make all the prouision he can to secure his rent and yet he may be driuen to try his vttermost meanes to recouer it But you haue satisfied me also touching these rents now let me intreate you to shew something of oâ—â—er things incident vnto a Mannor by which the Lord receiueth profit or prerogatiue Sur. Profits may rise by infinite meanes and wayes out of a Mannor to the Lord but all Mannors yeeld not profits or commodities alike neither in nature or value Lord. I thinke indéede all Mannors are not alike profitable to the Lord neither hath euery Mannor like meanes yet I desire to know for my experience sake what may grow out of a Mannor that I may the better looke into the natures qualities of such as are vnder my power and commâ—â—nd Sur. If you haue a Mannor or Mannors there is as I sayd before a Court Baron at the least incident thereunto and to some a Leeâ—e or Law-day which is called the view of franck pledge by which Courts do grow many and diuers perquisites and casualtyes as fines of land Amerceaments heriots rehefes wayues estrayes forfeitures escheates profits growing by pleas in Court and such like Lord. You may doe well to shew mée though briefly what euery of these former things doe properly import for to tell me the names and not the natures of the things is as if I should know there is a Sunne but whether he giue light and heate to be ignorant Therefore before you passe further in any discourse shew me how fines of Land doe arise vnto the Lord and what amerceaments are and the rest Sur. Fines of Land are of sundry kindes and yet properly and most especially they arise of copyhold or customary Lands and Tenements which are in diuers Mannors of diuers kinds for there are customary Lands which are called copyhold of inheritance and they are such as a man holdeth to him and his heires according to the custome of the Mannor at the will of the Lord. When such a Tenant dyeth and the heire commeth to be admitted if the custome of the Mannor beare a fine certaine he giueth but the accustomed fine If it be vncertayne and arbitrable he agreeth and compoundeth with the Lord or Surueyor or Steward for the fine Some hold Customary Land for liues as for one two or three liues whereof the fine is alwayes at the Lords will as is also the fine for yeeres There are also fines for licences of Surrenders of Customary Land and for alienation also of free-hold Land and these are called Fines which signifieth as much as a finall composition and when the fine which is the end of the contract is answered all but the yeerely rent during the terme agreed vpon is payd These and such like summes of money raysed aâ— a Courtâ—arâ—â— are parcell of the peâ—quisites of the Court as are all amerceaments which are summes of money imposed vpon the Tenants by the Steward Surueyor by oth and presentment of the homage for default of doing sute or for other misdemeanours punishable by the same Court infinite in number and quality Lord Whence taketh the word Amerceament name Sur. Of being in the Lords mercy to be punished more or lesse crumenally at the Lords pleasure and will It is no doubt a borrowed word as many other words vsed in our common lawes are for hee that is amerced is sayd to be in misericordia that is in the mercy of some body Lord. These wordes may be vnderstood by vse and by the manner of the vse of things but he that should seeke the etimon among the Latines of the substantine Amercâ—â—mentum and the adiectiue Amerciatus might seeke long be neuer the nâ—ere But I perceiue we must take it as our â—athers first framed it and left it I vnderstand what it meaneth in our common sence and that sufficeth Sur. Other words not a fewe in like sort to bee vnderstood we find in vse amongst vs which doubtles the Romans neuer knew and yet they that haue to do with the things wherein they are vsed vnderstand the meaning although their deriuations be strange as amoÌ„gst others it is questionable whence the name of a heriot may be deriued Lord. That would I be
himselfe of any extremity that is only to be reprooued but the abetter there unto and if I wist that any Lord who shall â—â—quire the vse of my poore trauaileâ— would expect more at my hands then the performance of my duty with a good conscience I had rather leaue then take the reward for such a trauaile Neither do I find that you howsoeuer you reason of this poynt will commit any act towards any Tenants you haue that may not be iustified by the law of loue therefore I leaue further to perswade or disswade you herein And as touching the matter and manner of forfeitures I pray you vnderstand that they be of diuers kinds and diuers wayes committed for in some Mannors it is lawfull to do that as â—ath in others incurrâ—s a forfeiture Forfeitures grow either by brâ—â—ch of a custome as in Customary or copy hold Land or of a condition or promise in a Lease or graunt of which last the Tenant can not say he did not thinke it was so because the meaning is expressed in his deede but of 〈…〉 in some sort ignorant 〈…〉 them to leade them But for the most part causes of forfeitures are apparent and knowne of all within a manner as non payment of their rent not doing his seruice 〈…〉 where custome inhibits it letting his 〈…〉 to fâ—ll 〈…〉 the Lords 〈…〉 waste and such like which as I sayd before are not alike in all places and therefore it is most conuenient that the customes of euery Mannor were knowne and the Tenants made acquainted with them that when question groweth for any cause of forfeiture they may not say they knew it not for Lords commonly know better how to take aduantages of such casualties then the Tenants know how to auoyd them Lord. You speake that is reason I confesse But may a Lord enter immediatly vpon a forfayture Sur. The forfayture must be first presented to the homage at the next Court holden for the Mannor and there found recorded then hath the Lord power to shewe Iustice or mercy It were inconuenient that the Lord should bee iudge in his owne cause and â—his present caruer of things doubtfull And therefore hath the Lawe ordained in all controuersies euen in these inferiour courts a iust manner of tryall by Iury. Lord. May none but Copyhold Tenants forfayt their land Sur. I shewed you before that Tenants by deede indented for life or yeeres may forfeit their estates but that is by couenant or condition expressed in the deede according to the prescript agreement made and interchangeably confirmed betweene the Lord and his Tenant Lord. What is an Escheat for as I remember that followeth in your formerly râ—citeâ— perquisites of Court Sur. Eschete is where a freeholder of a Mannor committeth felony the Lord of whom his Land is holden shall haue his Land and that kinde of forfeyture is called escheat Lord. The Lord may then enter immediatly into this Land because the lawe hauing tried the felony it casteth the Land vpon the Lordâ— Sur. The King hath it for a yeare and a day and then commeth it vnto the Lord and his heires for euer Lord. Is this all the causes of escheats Sur. Escheat may also be where a Freeholder Tenant in ancient demeisne and a customary Tenant of inheritance dieth without heire generall or speciall none of the blood comming to claime the same it falleth vnto the Lord by way of escheat Lord. This then is immediatly the Lords and the King hath no part or time therein and without any further ceremony he may enter dispose of that his pleasure Sur. It must be also first sound and presented by the homage of the Mannor whereof it is holden and after proclamation made to giue notice vnto the world that if any can come and iustly claime it hee shal be receiued the homage then finding it cleere doth intitle the Lord therof as a thing escheated for want of an heire Lord. You speake of an heire generall or speciall what difference is there Sur. The heire generall is of the body of the deceased and the speciall of his bloud or kinne Lord. So haue you satisfied me thus farre nowe what say you to the pleas of Court for I remember it is part of that you before spake of Sur. It is true they are parcell of the Perquisites of Court Lord. Whereof commeth the word Perquisites Sur. Of the word Perquirâ— as I take it which signifieth to search for or to enquire diligently as also to get or obtaine Lor. It may well be so for these things before rehearsed vnder the name of Perquisites are all casuall and not at all times alike and therefore may be called Perquisita things gotten by diligent enquiâ—â—e And to that end so many things are giuen by the Steward to the Iury of a Court Baron Leeâ—e in charge that they should diligently enquire of them finde them and present them and yet scarcely one of forty of the seuerall things wherewith they are charged are found by the Iurie And some things happen at one Court that happen not againe in twentie Courts after and therefore are also called Casualties as happening now and then as I conceiue it hauing little experience in them Sur. Yes it seemes you haue the better part of experience namely comming in of the profite of the things where some know the same but they know them as appertaining to others not to themselues But of this nature are the profits that arise by Pleaâ— of Court which because they are diuers and doe diuersly arise there needâ— no long relation of them Lor. Are there no other Perquisites of Court but such as you haue already remembred nor other 〈…〉 Mannor Sur. There be many other profiâ—s that may grow also vnto a Lord of a Mannor yet they not certaine nor in all Mannors alike Lord. Then are they also casuall and may â—e called also Perquisites of Courts 〈…〉 Sur. Casuall But noâ— perquisites of Court yet foâ—â—e of them may be called perquisâ—â— in some sence because they bee gotten by search and inquitie as those that are hidden in the earth as Treasures which as long as they lie vnknowne benefit not the Lord but when they are found they are called Treasure troue as Siluer Gold Plate Iewels and such like before time hidden which appertaine vnto the Lord. So doe minerals of Lead Tiâ—â—e Copper and such like And quarries of stone Free-stone Sâ—aâ—e-stones Marking-stones and all such which may long lie vndiscouered As may also Colâ— Lime Chalke and such for which search being made are haply found yet because the benefite is vncertaine vpon the present and what continuance and vent it may afford they may passe vnder the name of Perquisâ—â—es and Casualties as may also Fishing and Fowling vnlesse the Lord can bring the same to bee a certaine conâ—â—â—uing rent Then are they no more casuall during the graunt
not plow vp or sow his Coppy-hold meddow or ley ground that hath not bene vsed to be tilled in some Mannors contrarie So that these kinds of forfeitures are according to the custome of euery Mannor 18 What are the customes of the Mannor in generall both in the behalfe of the Lord to perform or suffer to the benefit of his tenants and of the tenants to performe to the seruice of the Lord. In euery mannor there hath bene such a mutuall concurrence of ayde between the Lord and tenants as through the force of time hath bred a Custome And the Lord may exact it of his tenants by law if they deny the performaÌ„ce of the things to be done in the right of their Customarie lands And these customes are of diuers kinds diuersly to be performed Some in the course of inheriting of land some in the way of womens dowries some in the estates of land some in matters of forfeitures some in works some in rents some in fines some of the Lords beneuolence in allowing his tenants meate drinke mony c. in time of their works as these customes in seuerall Mannors seuerally are allowed And because it behoueth euery tenant to know whereunto he is bound by custome if there be no ancient Custome roll to leade them it behooueth the Surueyor to renew the same wherein he is to set downe euery tenants name his tenements lands meddowes pastures c. the rent and seruice due for euery of them and whether workes be turned into rent and to indent the same that the Lord may haue the one part and the tenants another The neglect whereof hath bred many inconueniences both to Lords and tenants 19 Whether is there within this Mannor any villaine or niefe namely any bondman or bondwoman if there be what are their names what land do they hold and keepe and what is the same yeerly woorth Although this kind of tenure be in manner worne out of vse yet some there are no doubt though conceiled in some MaÌ„nors neuer infranchized or manumized 20 Whether hath any tenant or other person within this Mannor stocked vp any hedge-rom plowed vp any Baulke or land-share remooued any Meere stone land-marke or other bound betweene the Lords demeisnes the tenants Free-hold or customary laÌ„d of inheritance or between his Free-hold and customary land or between this and another Mannor or Lordship where is any such offence committed by whom and where ought the same bound so remoued altered taken away or displaced to stand This is a necessarie Article to be duly considered because that by this meanes of remouing or taking away Meere-stones and land-markes the Lord oftentimes incurreth great preiudice for that when a Leassee of the Lords demeisnes being either a Free-holder or a customary tenant of inheritance hath land of his owne adioyning vnto the demeisnes or intermixt he take away the markes of diuision leaueth the matter doubtfull which is the Lords especially where a long lease or patent is whereby the Tenant hath time to make alteration and it is no new or strange thing to attach some by name and place that are culpable and haue yeelded to reformation being found out before their intents were fully ripe And aboue al such are most worthy to be punished for altering any such knowne markes vnder whatsoeuer pretence of ease or necessitie which is the common cloake of the mischiefe vsed most in the Kings lands where long Patents are granted 21 What customarie Cotages are there within this Lordship tostes croftes or curtelages what are the Tenants names what rent pay they and what seruices doe they It is to be vnderstood that the word Câ—tagium signifieth as much as casam a little house or a place of abode only or a little dwelling whereunto little ground belongeth but an Orchard garden or some small toft croft or Curtelage but Cotages of themselues are not ancient as I take it 22 Whether are there within this Mannor any new erected Tenements or Cotages barnes Walls sheddes Hoâ—ells Hedges Ditches or such like erected set vp or made or any Watercoarses or Ponds digged vpon any part of the Lords waste without the Lords licence where is it and by whom was it done and by whose licence and vpon what consideration The ouermuch libertie of too many newe erections breedeth sundry inconueniences not only to a Mannor and the Lord and Tenants thereof but to a whole Common-wealth and therefore not to be permitted without good consideration although it is most conuenient that the poore should haue shelter places to shroud them in if they be found honest vertuous painfull and men of abilitie to gaine their owne and their families reliefe But it is obserued in some parts where I haue trauelled where great and spacious wastes Mountaines and heathes are that many such Cotages are set vp the people giuen to little or no kind of labour liuing very hardly with Oaten bread sowre whay and Gotes milke dwelling farre from any church or chappel are as ignoraÌ„t of God or of any ciuil course of life as the very Salâ—ages amongst the Infidels in maner which is lamentable 23 What Tenants are they within this Mannor that doe hold any lands or Tenements by Indenture of lease what are their names what land hold they for what rent vnder what conditions and couenants for what termes of yeeres or liues This Article is most especially to bee obserued touching the couenants by view of the Tenants leases but the Iurie is to find the names and to present them with the land and rent 24 Whether hath or doth the Lord imploy any land to Iustment as in taking in cattle to pasture and herbage who hath the disposing of the same what quantitie of land is so disposed and how many cattle will it pasture what is a Cowe Oxe Horse or sheepe-gate woorth by the yeere or by the weeke Much land is thus vsed in Yorkshire and other places Northward very beneficially 25 Whether hath the Lord of this Mannor any customarie Water-mill Wind-mill Horse-mill Griest-mill Mault-mill Walk-mil or Fulâ—ing-mill Whether is there within this Mannor any other Mil Iron-mil Furnace or HaÌ„mer Paper-mill Sawing-mil Shere-mil or any other kind of Mill what is it woorth by yeere and in whose occupation is it Where sufficient riuers brooks stagnes ponds or water-courses are there are commonly some kinds of Mils or other profitable deuices that humane wit and inuention hath set vp for necessarie vses for the benefit of man and for the Lords profit of the Mannor where such deuices are erected And yet all kinds of deuices are not conuenient in all places as where no Lead or Tinne is there is no need of the vse of water to moue a wheele to blow the fire for the melting trying thereof yet there may be like vse for Iron oare and where neither of them is there may be vse of Walk-milles or