INquirend est de castris et etiam aliis edificiis fossatꝭ circū ­datis quātum muri et edificia li­gna et lapidia / plumbo / & alio modo cooꝑta valent et pro quāto ap­preciari poterunt scdm verum valorem eorūdem murorum et edificia. et quātum edificis extra fossatis appreciari pos­sunt / et quantū valeant vna cū gardinis / curtilagiis columbar / et omnibus aliis exitibus cur per annū. This is to say in Englysshe. It is to be enquered of castels / and also of other buyldinges dyched about. What the walles / the byldinges / tymbre / stone / leed / and other maner of couerynge is worthe. And howe they maye be solde / after the very value of the same walles and bylding. And howe moche the bildinges without the dyche maye besolde for / & what they be worthe / with the gardens / curtylages / douehouses / and all other issues of the courte by the yere. To the declaracyon and constructyon of this statute / me se­meth there ought to be made a distynction / for y ^e sta­tute [Page i] gothe generally. De castris et aliis edificiis fossatis et circundatis et extra fossatis. These wordes go aswell to those castelles and other byldinges that be well vpholden and inhabyted / as well as of those that be fallen in dekay and nat inhabyted / & to those that be inhabyted. It is nat necessarie to be extēded nor valewed in any parcell / For lette a man make a castell / towre / or any maner of newe buyldinges and finysshe it clerely / if he shulde go take it downe / and selle euery thyng by it selfe agayne / he shulde lose the more halfe of his money. And therfore in myne opy­nion / this statute was made soone after the barones war / the whiche ended at the bataile of Euessham or soone after / in the tyme of kynge Henry the thirde / where as many noble men of blode were slayne and many fledde / that afterwarde were attaynted for the treason they dyde to the kyng. and by reason therof / their castelles and maners were seased in to the kyn­ges handes. And so for want of reparacyons / the ca­stels and the maners fell to ruyne and in dekay. And whanne the kyng and his counsayle sawe that / they thought it was better to extende them and make the moost profyte that they coulde of them / than to lette them to fall to the grounde / and come to no mannes helpe and profyte. Wherfore kyng Edwarde the first ordayned this statute to be made the fourthe yere of his raygne / wherin is cōtayned many & dyuers cha­piters and artycles / the whiche at that tyme was but instructyons / howe & what they shulde do / that were commyssioners or surueyours in the same.

[Page]¶First it is moste necessary & conuenient to retayle and to sell euery thyng by it selfe / and nat all in grose some to one man & some to another. For that that is good for one man is nat good for another: and euery thing to be praysed and solde by it selfe / that is to say The stone wall of one house by it selfe / the tymbre of the same house by it selfe / the coueryng by it selfe / the tyle / sclate / or leed by it selfe / the glasse by it selfe. the yron ware / as barres / bandes / hokes / boltes / staples or latches / and all suche other by themselfe: doores / wyndowes / boordes / and all other thynges by them selfe / and to go fro house to house & sell euery thynge by it selfe / and than shall the trewe value be best kno­wen. And it is conuenyent that these thynges be of­fred to be solde to dyuers men and to se who wyll gyue most / and specially to sell whan men desyre to bye. Also to value what the grasse of the gardens / curty­lages / courtes / and house places / that be within the dychesse or without be worth by the yere. A curtylage is a lytell croft or court / or place of easment to put in catell for a tyme / or to ley in woode / cole / or tymbre / or suche other thynges necessary for housholde. Also to value the profyte of the douehouse if any be there / yf it be replenysshed with doues.

[Page ii] ITem inquirend est quot campisunt in dn̄ico & quot acre sunt in campo et quā ­tū valet q̄libet acra ꝑ se per annū. It is to be inquered / how many feldes are of the demeyns and howe many acres are in euery felde / and what euery acre is worthe by the yere. This is a lyght letter and nedeth but lytell de­claracyon / for by these wordes / quot campi sunt in dn̄ico. It must nedes be taken of feldes that be in tyllage or plowyng / but it wolde be vnderstande / whe­der the demeyne landes lye in the commyn feldes a­mong other mennes landes / or in the feldes by them selfe. And if they lye in the commyn feldes / it is con­uenyent that they be plowen and sowen / and than is nat an acre so moche worthe as & it were in seueralty inclosed or in seuerall pasture. For & the felde be in­closed about / than it is at the lordes pleasure wheder they shall lye to pasture or to tyllage / and thoughe it lye in tyllage / yet hath the lorde the Edysshe and the aftermathe hym selfe / for his owne catell. And ther­fore an acre is at the more value / and yf it lye in pa­sture the pasture may be suche / that it is at double or treble the value of the errable lande. Wherfore the a­cres are to be praysed accordynge / and if they lye by great flattes or furlonges in the commyn feldes / it is at the lordes pleasure to enclose them and kepe them in tyllage or pasture / so that no nother man haue cō ­myn ther­in.

ITem inquirendū est quot acre parti sunt in dn̄ico et quantū quelibet acr valet ad locādū per se per annū et adcuiusmodi bestias et aīa lia pastur illa fuerit magis necessaria & quot et quales possit sustinere / et quantum valet pastura cuiuslibet bestie et aīalis ad locandum per annum. It is to be enquered / how many acres of medowe ar of the demeyns and how moche euery acre is worthe to set by the yere / and to what maner of beestes or ca­tell it is most necessary vnto / and howe many it wyll fynde and of what maner / and what y ^e pasture of one beest is worthe by the yere. And in myne opinyon / it wolde be vnderstande whether the medowes or pa­stures lye in the cōmen medowes or cōmen pasture / at large / or in seueraltie: For and it lye at large in the cōmen medowes / an acre is no better worthe than the grasse that y ^e hey is made of is worthe / for after / it is cōmen and of lytell value. And if it lye in seueraltie / it is worthe halfe as moche againe as the grasse was worthe. And that highe grounde and drie / is moost conuenyent for shepe / wode grounde and busshe for beestes and specially in wynter tyme. Lowe groū ­des / medowe groundes / and marsshe groundes for hey & after for fat catell / and in wynter for horses and [Page iii] mares / and meane groundes that is bothe hylly and dalye as leyse and lowe groūdes / is good for all ma­ner of catell if the grasse be good and fyne / and spe­cially for fat catell or fatte shepe / horses / mares / and yonge coltes / for that grasse that one maner of catell wyll nat eate another wyll. And therfore it is good to haue a large close / y ^e dyuers maner of catell maye go togyder in it / and to knowe what a beestes grasse is worthe by the yere / that is as the pasture is that he gothe in is worthe / and nat ouer charged with catell and the fynenesse of the grasse and the goodnesse of an acre. For some acre of groūde is nat worthe a penny by the yere / and some acre is worthe .xl. pens / and so a beestes grasse may be dere ynoughe twelfe pens in the yere / and it may be worthe .xl. pens or fyue shillynges / and a horse grasse or a mare grasse maye be dere ynoughe twelfe pens or twentie pens by y ^e yere / and it maye be worthe fyue shillynges or a noble / ac­cordyng to the goodnesse of the pastures. But howe these maners / landes / medowes / and pastures / shall be viewed / butted / bounded / and va­lewed / shall be rehersed after the statute be ones de­clared.

[Page] ITem inquirend est de pasturis for inficis que est cōmunis quot & quas bestias aīalia dominus habere possit in eadem et quantū valet pastura per annum et locand. It is to be inquered of forren pastures that is cō myn / how many and what beestes and catell / & what the lorde may haue in the same / and what the pastur of a beest is worthe by the yere to set. This is a der­ke letter to be well vnderstande without a better de­claracyon / for where he saythe / De pasturis forinfi­cis que est cōmunis. That may be vnderstande thre wayes: for there is in many townes / where as their closes and pastures lye in seueraltie. There is com­monly a cōmyn close taken in / out of the cōmen or fel­des by tenauntes of the same towne / for their oxen or kyen or other catell / in the whiche close euery man is stynted and sette to a certayntie / howe many beestes he shall haue in the same / & of what maner of beestes they shalbe. And if y ^e lorde shall haue any catell ther­in he shulde be put to a certayntie and of what ma­ner of catell / and this pasture may be well valewed / And also the beestes grasse what it is worthe therin. But than it ought to be shewed howe many acres be contayned in the sayd pasture / and what euery acre is worthe one with another. Another maner of com­myn pasture / is moost cōmenly in playne champyon countreis: where their catell gothe daylye before the herdeman / and lyeth nighe adioynīg to their cōmyn feldes / and it may lye in two or thre places or mo. & in these it is also conuenyent that euery man be styn­ted [Page iiii] to a certentie / outher by yerdes / landes / oxgāges rentes / or suche other customes as the tenaūtes vse / and the lorde in lyke maner. These cōmen pastures may be extended how many acres be in euery parcell by it selfe / and what an acre is worthe by it selfe / but it can nat be so well knowen what a beestes grasse is worthe yerely / for they lye moost cōmenly with the falowe feldes / & some falowe feldes is better than some and so a beestes grasse may be better or worse. The thirde maner of cōmen pasture / is in y ^e lordes out wodes that lye cōmen to his tenauntes / as commen mo­res or hethes / the whiche were neuer errable landes. In these maner of cōmens / me semeth the lorde shul­de nat be stynted nor sette at no certentie / but put his catell vpon suche maner of cōmen pasture at his pleasure / bycause all the whole commen is his owne / and his tenauntes haue no certayne parcell therof layde to their holdyngꝭ / but all onely bytte of mouthe with their catell / and it were agayne reason to a bridge a man of his owne right. But his tenauntes and eue­ry mannes tenauntes / me semeth ought of ryght to be stynted what euery manne ought to haue goynge vpon all maner of commens / for elles wolde the ry­che men in the begynnynge of Somer byeshepe and other maner of catell and eate vp the commens / and selle them againe at wynter / or putte them in their pastures that they haue sparedde all the Somerr / and so ouerpresse the poore men that haue no money to bye nor able to reyre.

ITem inquirendum est / de parcis et dn̄i cis boscis / que ad volūtatem suam pos­sunt assertare / et excolere et quot acre in se continētur. Et quantum vestura cu­iustibet acre possit app̄ciari / et quantū fuudus in se contineat et valeat quando prostratus fuerit / et quantum valeat quelibet acra per se per annum. It is to be enquered / of ꝑkes and of demeyne woode / the whiche at the lordes wyll may be asserted and plucked vp or fallen downe / And howe many a­cres are conteyned in them / and for howe moche the vesture of euery acre may be solde / and howe moche the grounde in hym selfe conteyneth whan the wode is fallen / and howe moche euery acre is worthe by it selfe by the yere. This is to be vnderstande / of parkes and demeyne woode that be inseueraltie / wher­of the lorde at his pleasure / may assert / stocke vp by the rootes or falle by the erthe / plowe and sowe to his moost profyte as he wyll / And howe many acres of woode are conteyned in the same. 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 [Page v] 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 vnderstāde / all the grounde within pale or hedge / aswell the laūde groūde 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.

ITem inquirendum est de boscis forinsicis vbi alii cōicant / quid de eisdem boscis do­minus se possit approiare / et de quot acris et pro quanto vestura cuiuslibet acre cōmuniter possit appreciari / et quantum fundus valet post (quam) prostratus fuerit boscus / & quot acre iste cōtineant / & quantū quelibet acra valet ꝑ annū. It is to be inquered of forren wodes / wher they & other cō men togyder / & what of those wodes the lorde maye improwe him selfe & of howe many acres / & for howe moche the vesture / y ^t 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. [Page] The declaracyon of this statute is doutfull / bycause of the none certentie therof / what is sufficyent com­men. for it is clerely ordayned by y ^e statute of More­ton / and after confyrmed by the statute of Westmyn­ster seconde. That the lorde shall improue hym selfe of their wastes / wherby is vnderstāde of their cōmen mores / hethes / and wast 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 cō 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 cōmen in Somer / and that is suf­fycient. ye shall vnderstande that there be foure ma­ner of commens / that is to wytte: cōmen 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 cōmen appendaunt. But and a man graunt to another cer­tayne landes or pastures / the whiche lye in seueraltie enclosed with the appurtenaūce in fee / to holde of the [Page vi] chefe lordes. To these landes me semeth belōgeth no cōmen / without he haue suche speciall wordes in his dede. Commen appendaūt / is where a man hath had cōmen to a certayne nombre of beestes or without nō 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 cōmen / 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 cōmen to that certayne nombre shulde be abridged that they shulde nat fare so well / and euery mānes dede shall be taken strōgest 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 boū des. Cōmen 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 [Page] 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 cōmen. And as for that maner of commens / me semeth the lorde may improwe him selfe of their wast groundes / leauyng their owne tenauntes sufficyent cōmen / 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 cōmen 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 tenā 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 [Page vii] 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 proꝑtie chā 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 contayned in this present chapiter the letter therof is playne ynoughe / and also touched before.

ITem inquirendum est / vtrum dominus de residuo boscorum predictorum / forinsicorū dare possit / et quantum valet huius donationis et venditionis per annum. It is also to be enquered / wheder the lorde maye gy­ue or sell the resydue of his forren woodes aforesayd and what suche gyfte or sale is worthe by the yere. This letter is playne ynoughe / and as me semethe no doubte / but that the Lorde maye gyue or selle the resydewe of the sayde woodes or wastes / Excepte that a manne haue commen of Estouers / But what [Page] that gyft or sale is worthe. it is to be vnderstāde and knowen and as me semeth the donee or the byoure / shalbe in lyke cause as the lorde shulde haue ben if he had nat gyuen it nor solde it. Than the lorde hath ī ­proued hym selfe of as moche wodes and wastes as he can laufully and whan he hath gyuen or solde the resydue of that he canne nat improue hym selfe of. in lyke maner the donee nor the byour can nat improue them selfe of any parte therof / For they canne nat be in no better case / than he of whome they had it. howe be it that they that of right ought to haue their com­mens be nat their tenauntes / but their tytell and in­terest grewe by enherytaunce / longe tyme before the gyfte or sale made by the lorde. And it foloweth by reson / that the gyfte or sale of a straunger shall nat hurt another mannes enherytaunce. But this donee or this purchasoure / shall take to their profyte all the vesture standyng vpon / or beyng with in the sayd groūde / as woodes and suche other: as is sayde be­fore in the next cha­piter.

[Page viii] ITem inquirendū est de panagio herbagio ville / et omnibus aliis exitibus viuariorū morarum bruerum et vastorum quantum valent per annum. Also it is to be inque­red / of panage herbage of the same towne / and of all other profytes of polles / meyres / and ryn­nyng waters / of mores / hethe and wastes / what they be worthe by the yere. And where this Statute spe­keth / de panagio / that is to be vnderstande. Whan̄e there is any mast growyng in y ^e lordes wodes / wherby mēnes swyne may be fedde and releued / what profyte that may be to the lorde. For ther is no man that can clayme of right / to haue the mast the whiche is a frute / but the lorde: except his free tenaunt haue it by speciall wordes in his dede. Quod sit quietus de pa­nagio. And the lorde shall haue it in his forren out wodes / as well as in his parkes or seuerall wodes / & as the quantite of the mast is / so the lordes baylye of right ought to ley mēnes swyne thervnto from My­helmas to Martylmas / and to make a true accompt therof at the lordes audyte / what he taketh for euery swyne. And in many places the tenauntes go fro pa­nage in the forren wodes by custome / & that is moost commenly where as the tenauntes pay tacke swyne by custome / if he haue to a certayne nombre / or els to pay yerely at Myghelmas .i. d. or an halfpeny for e­uery swyne / as the custome is vsed. The statute spe­keth / De herbagio ville. That is to be vnderstande of the commen pasture that belongeth to the towne / whervpon the herdman kepeth the tenauntes catell / [Page] It may be so good that the tenauntes nede nat to ha­ue any seuerall pasture / but that their cōmen pasture shulde be able to fynde all their catell / bothe horses / mares / beestes / and shepe / and so it was of olde tyme that all the landes / medowes / and pastures / lay open and vnclosed. And than was their tenemētes moche better chepe than they be nowe / for the moost parte of the lordes haue enclosed their demeyne landes & me­dowes / and kepe them in seueraltie / so that their te­nauntes haue no cōmyn with them therin. And also the lordes haue enclosed a great parte of their waste groundes and streytened their tenauntes of their cō myns therin. and also haue gyuen lycence to dyuers of their tenauntes to enclose parte of their errable lā ­des / and to take in newe intackes or closes out of the cōmens / payeng to their lordes more rent therfore so that the cōmen pastures waxen lasse / and the rentes of the tenauntes waxen more and more. And that is bycause the tenauntes waxen more polytike in wyse­dome to improue their tenementes / holdynges / and fermes: and at thende of the ferme / another man that made no cost of the sayd improuement / offereth the lorde certayne money for a fyne to haue it or to hegh­ten the rent of the same / so that he that made the coste or his children shall nat haue the sayd ferme / without he wyll gyue asmoche or more as is offred to y ^e lorde / and so thorowe the enuy of his neighbour & the couytousnesse of the lorde and his offycers / the pore tenāt hath a great losse or els vtterly vndone / god amende it. And the lordes haue a gretter losse than they wene [Page ix] for their tenātes se howe their neyghburs y ^t haue bylded their houses / improued their landes & be put out except he make a fyne or pay more rent. Causeth thē nother to bylde nor otherwyse to improue their holdī ges / to the lordes great losse at length. And where y ^e statute sayth / de oībus aliis exitibus viuariorū mo­rarū bruerū et vasto (rum). & of all profytes that shall cōe of the lordes stādyng waters / mores / hethe & wastes. viuariū is a pole or a meyre that fisshe encreaseth & lyueth in. Some rynnīg waters be as fre & seuerall to the lordes / as their pooles / meyres / or standyng wa­ters. And as they be stored with fysshe / so dothe y ^e profyte ryse to the lordes / wheder they go by way of im­prouement or set to ferme: wherof the bayly shall make accompte. Moores / hethe / and wastes / go in lyke maner as the herbage of the townes / for the lordes tenauntes haue commen in all suche out groūdes with their catell / but they shall haue no wode / thornes / turues / gorse / ferne / and suche other / but by custome or els speciall wordes in his chartour. &c.

I Item de molēdinis / piscariis seperalibus / et cōibus quantū valent. Also of mylnes / seuerall fysshinges / & cōmen fysshingꝭ / what they be worthe. In this short artycle many thingꝭ ar to be remēbred / for wher he sayth de molēdinis / y ^e whiche is in the plurell nōbre / it is to [Page] be vnderstande / that ther be many maner of mylnes as cornemylnes / wyndmylnes / horsemylnes / & quernes that go with hande. Fullyngmylnes / sythe 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 ꝓfyte 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 thē 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 spēdeth 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 / y ^e lorde maye a merce thē 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 y ^e 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 graūtes made by the lord / some men to be groūden to the twentie parte / and some to the .xxiiii. parte / tenaūt at wyll to the .xvi. parte / and bondmen [Page x] to the .xii. parte / some men to be tole free / and some to be hopper fre / that is to wytte: that his corne shalbe put into the hopper and groūde 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 coū ­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 prim̄. And yf he fysshe in the rynning and seuerall waters / the lor­de may haue his actyon at the cōmen 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 y ^e lorde but to his [Page] tenaūtes / except he dwell nighe the see / and wyll cau­se his seruant to fysshe there for hym / for y ^t is the best cōmen water y ^t any man can fisshe in. And someryn­ning waters be cōmen / as lytell brokes / and sytches / and in some rinnyng waters / the lordes tenaūtes haue lybertie by custōe to fysshe with shouenettꝭ / trode­nettes / small pytches / and suche other.

ITem inquirendum est de libere tenen­tibus quibus (que) forinsecis et extrīscicis. Also it is to be enquered of fre holders / the whiche dwell without aswell as w ^t ­in. By this letter it is to be vnderstan­ [...]e / that a free holder maye dwell out of the precyncte of the lordes manere / and yet holde his lande of the said manere▪ 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 tenaūt 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 sūt [Page xi] And the lorde may haue a fre holder that holdeth his lande of hym / & payeth hym chefe rētes 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 y ^e 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▪ For to euery manere belongeth two thynges / that is to say [...] parcell in demeyne & parcell in seruice. That is landes in demyne belongyng to the maner and seruyce / customes / or rētes / & 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 lādes sythe the makyng of the sayd statute / and gyue it to a straūger / 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 y ^e donor. I coude speke more of the gyftes & remaynders / but I remyt thē 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 cōmen lawe / or els at some season he shall disceyue his lorde or his tenant / & specially his owne [Page] soule / for saynt Isodorus saythe. Qd ignorātia cras­sa vel affectata non excusat peccatū. That is to saye / ignorance of connynge or of the facultie in hym y ^t ta­keth vpon him as a mayster or techer of the science or cōnyng / excuseth nat a mannes offēce. 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 offyce or rowme.

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 seruiciū 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 [Page xii] who holdeth by charter and who nat / and who by the olde tenur / and who by the newe feoffement. It ape­reth by this artycle / y ^t there be many maner of fre holdes / and holde their landes and tenemētes in diuers maner / and by many maner of rentes / customes / and seruyces / as tenauntes in fee symple / tenātes in tayle tenantꝭ by copye of court role / tenauntes by the cur­tesy / tenauntes in dower / and tenauntes for terme of lyfe by speciall graūt / 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 cōmen lawe / called the tenures. But y ^e di­uersytie of these tenures / what rentes / fees / customes and seruices / the lorde ought to haue of his tenaūtes can nat be knowen but by the lordes euydence / court rolles / rentayles / and suche other presydētes / and specially by the originall dedes of their tenauntes. And ye shall knowe / y ^t 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 [Page] seconde in the secōde 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 lādes by charter / be it newe made or olde. And also there be tenauntes in fee symple / and tenaū 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 lādes to another / he must surrēdre 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.

[Page xiii]AD hanc curiam venit I.B. et sursum reddi­dit / in eadem curia vnum messuagium. &c. in manus domini ad vsum A. D. et hered suorū vel hered de corpore suo existētium / 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 existētibus / vel sibi ad terminū vite sue ad voluntatem dn̄i secundum cōsuetudinem manerii / faciēdo et reddendo inde reddit seruicia cō suetudīes inde prius debita et cōsueta / et dat dn̄o de fine. &c. et fecit dn̄o fidelitatē / et ad missus est inde tenēs. And these maner of tenantes shall nat plede nor be impleded of their tenemētes by the kynges writte but and they wyll implede eche other for their ten̄tes 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 vcꝪ de vno messuagio decē acris tre tri (bus) acris ꝑti. &c. cū ꝑtin̄. & shall make ꝓtestacion to sue his pleynt [...] nature of the kynges writ / of formdowne in dec [...]t the cōmen lawe / or of the kynges writ of assise of nouell disseson / or of assise of mortaūceter / or of any other writ at the cōmen lawe. Plegii de prosequend GF. et GH. but howe the declaracion / the answere / replicacion / & reioyndre shulde be made: and also in actiōs of dette / detinue / c [...]uenauntes / trespas / & suche other / I remyt y ^t to men of lawe y ^t haue expeience therof. but one thyng wotte I well / y ^t many an erronious processe the stewardꝭ make in their court rolles. Wherfore men of honour and [Page] 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 cōmen vse in some countreis: that lordes / knightes / esquyers / and gentylmen / that knowe but lytell of the lawe be made stewardes / and they come to the court or sende their clerkes / that can as lytell lawe as their mayster or lasse: but that he vnderstandeth a lytell laten. And if there be a fyne to make for a tene­ment / house / or close / that is to be sette: the stewarde shall haue a rewarde for his good wyll / that he may haue it before another man / and the clerke must ha­ue another rewarde for to entreat his mayster to the same / so that the lordes fyne must nedes be the lasse / or els the poore man shalbe 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 ꝓfyte 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 thē well knowen from other / & one man maye haue and holde them bothe. Also there be other tenā ­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 hādes to the vse of another / they shall haue [Page xiiii] 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 y ^t shall haue the said landes shall take it in the court / and his takyng shalbe entred in the role / and the stewarde or bayly as the customes is vsed / shall delyuer to hym y ^t shall haue the lande the same yerde / or another in the name of season / & hath non other euydēce but y ^e copy of y ^e 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 cōmen lawe / and therfore they be called tenantes of base tenur. Mesemeth it were necessary and cōuenyent / to shewe dyuers dyuersites howe copyes shulde be made / for fere lest euery man that taketh vpon hym to kepe a court / hath nat ꝑfite­lye thexperyence therof / as herafter enseweth.

ITem inquirendum est de predictis libere tenentibus et qui secuntur / ad cur ad com̄ in cōmitatu / et qui non / & quantum accidit domīo post mortem taliū libero­rum tenentium. It is to be enquered of the foresayd free tenauntes / whiche of them shall fo­lowe the court of the countie and whiche nat / & what shall fall vnto the lorde / after the dethe of suche free tenauntes. Me semeth that all maner suche tenaūtes [Page] 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 cō ­missyoners of the kynges / & bitwene partie and ꝑtie 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 ꝑsonell: 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 ꝑsonell de decla­red .xl. markes. or aboue / the freholder must haue lā des to y ^e 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 muāst 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 y ^e 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 [Page xxiii] 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 dn̄o 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 y ^e lorde by knight seruyce decesse / his heyre beyng of full age / the lorde shall haue for euery knightes fee that the tenaūt holdeth of the lorde. C. s. of his heyre in the name of relefe. For the whiche the lorde maye distreyne in euery ꝑcell of that lande that is so holden of hym for the same / of cōmen 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 shalbe apporcyonate / accordyng to the same / & shall paye his chefe rentꝭ if any be neuer­thelesse. And yf the tenaunt decesse / his heyre beyng within age of .xxi. yeres / the lorde shall haue y ^e 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 graūte 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 / [Page] or his cōmytte or graunte / with mo artycles partey­nyng to the same. I remytte all those poyntꝭ 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 y ^t 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 y ^e 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 aūcestr / and than her auncestr dye / the lorde shall haue y ^e warde of the lande to the age of .xiiii. yeres / and than her husbāde and she maye entre and putte out the lorde / and if the tenaūt 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 tenaūt holde landes of one lorde by knyght seruyce / and al­so [Page xxiiii] 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 y ^e 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 foūde 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 tenemētes to [Page] another 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 y ^e makyng of the sayd statute to holde of y ^e 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 y ^e 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 y ^t 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 y ^e way [Page xxv] 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 couynaūt. 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 thā he that hath be vsed to chose first / shall haue y ^e 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 / y ^e 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 deꝑte fro y ^e lordshyp by his owne wyll / he shall make a fyne with the lorde for his deꝑtyng / & moost cōmenly it is .ii.s. [Page] 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.

ITem inquirend est de custumariis videli­cet quot sunt custumarii / et quant rerre qui libet custumarius teneat / quas operatiōes quas consuetudines facit / et quantū 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 dn̄i / 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 [Page xxvi] 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 tenaūtes with in the same manere y ^t 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 cāe with hym in his voyage royall / accordyng to their degre. And to honourable men he gaue / lordshippes / maners / lā des / and tenementes / withall the inhabytaūtes / men and women dwellyng in the same / to do with thē at their pleasure. And those honourable men thought y ^t they must nedes haue seruauntes and tenaūtes / and their landes occupyed with tyllage. Wherfore they ꝑdoned 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 thē to occupye their landes and tenementes in tyllage / and toke of them suche rētes / customes / and seruyces / as it pleased thē 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 tenemētes 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 [Page] yet / the whiche me semeth is the grettest inconuenyēt that nowe is suffred by the lawe. That is to haue a­ny christen man bonden to another / and to haue the rule of his body / landes & goodes / that his wife chyldren and seruauntes / haue laboured for all their lyfe tyme / to be so taken / lyke as and it were extorcion or bribery. And many tymes by colour therof / there be many fre men taken as bonde men / and their landes and goodes taken fro them / so that they shall nat be able to sue for remedy / to proue them selfe fre of blode And that is moost commenly / where the fre men ha­ue the same name as the bonde men haue / or that his auncesters of whome he is comen / was manumised before his byrthe. In suche cause there can nat be to great a punysshement. for as me semeth / there shulde no man be bonde but to god / and to his king & prince ouer hym. Quia deus non facit exceptionem perso­narum. For god maketh no excepcyon of any person Wherfore it were a charytable dede / to euery noble man bothe spūall and temporall / to do as they wolde be done by / & that is to manumise them that be bonde and to make them free of body and blode / reseruyng to them their rentes / customes / and seruyces / of olde tyme due and accustomed / wherin they may geat the prayers of the partie and remissyon of their offēces / as in the hospell. Eadem mensura qua mensi fueri­tis remisictur vobis. The same measure that ye do mete to other men / shall be metton to you. In many lordshyppes / there is a customary roole bytwene the lordes and their tenauntes / and it ought to be inden­ted [Page xxvii] / one parte to remayne in the lordes kepynge / the other parte with the tenauntes / and dyuers true co­pyes to be made of the same / that the rentes and customes ronne nat out of remēbraunce. And also a suyte rooll / to calle all those by name that oweth any suyte to the lordes court / and than shall there be no counselment of the sutours / but that y ^e stewarde may knowe who is nat there. & if any suctour decesse / the name of his next heyre wolde be entred in to the same roole / & an inquery made and presented what he helde of the lorde / and by what tentes / customes / and seruyce of euery parcell by itselfe / & who is his nexte heyre and of what age he is of. and this truely done and entred in to the role / it wolde be a conueyaunce of discent in maner of a pee degre / and profytable to the lordes / and also to the tenauntes / causa patet. The name of euery tenaunt must be put in the roole / and his mese place to be butted & bonded / as it lyeth in length and brede / and bytwene whom. And also / his landes / medowes / leys and pastures / lykewise butted and bon­ded / that it maye be knowen many yeres after who dwelled there: and what landes / medowes / and pa­stures / laye to the same at that tyme. And what war­kes and customes the tenaunte dothe for euery par­cell / and what the werkes and customes be worthe in a yere / and howe moche rent y ^e tenant dothe paye for euery parcell besyde the customes and werkes / to the entent that if any parcell of lande / medowe or pastur be aliend / solde / or chaūged / or put from one tenaunt [Page] to another. The lorde & his baylye may knowe what rentes / customes / and werkes / he shall aske and haue of the occupyer for euery parcell. And it is the moost speciall poynt that longeth to a surueyour / to but and bounde truely euery parcell by it selfe / and to knowe what rentes / werkes / customes / and seruyces / gothe out of the same / for than maye he make a true rentall or customarye roole / and putte all thynges in a cer­tentie.

ITem inquirendū est de cotorellis / que cotagia & curtilagia teneant / et ꝑ quod seruic / et quantū reddant per annum / pro predict cotagiis et curtilagiis. Also it is to be enquered of Cotagers / what cotages and curtylages they holde / & by what seruyce: and what they yelde by the yere for the fore­sayd cotages and curtylages. This chapiter and the next present be bothe of one effecte / but that it is to p̄ ­sume / that ther is nat so moche rentes / herryottes / customes / and seruyces to be payed & done for a cotage as there is for a mese place or a better tenement / but it maye be lyke custome and seruyce.

ITem inquirend est de perquesitis com mitatuū cur forestariorum cum expeditamentis canum & quantum valent per annum in oībus exitibus. Also it is to be enquered / of the perquesytes and profytes of the coūties / of the courtes and of the forestes with the cuttynge of of the dogges cleyse / and howe moche they be worthe by the yere in all the issues and profytes. This chapiter toucheth nat the offyce of a surueyour but lytell / for y ^e yssues and profytes of the coūties / sessyons / and assises / are moost cōmenly the kynges / and they be kept and ordayned by the shiryf and the iustyces of peace / that be ordayned and put in cōmyssion by the kyng and his counsayle / and the issues and profytes of them are estreyted by the sayd iustices / and returned in to the kynges escheker / and ther they rest of recorde / the whiche afterwarde is e­streyted agayne / and sende downe to the shiryffes of euery countie to leuy and gader vp the same / & therof to make an accōpte in the sayd escheker / and it is cal­led grene waxe. And the courtes of the forestes be or­dayned and kepte by the iustyces of the forestes and their deputies / and the issues and profites therof / the whiche cometh moost cōmenly by fynes and mercy­mentes are nat estreyted in to the escheker / but made out by the stewarde to the baylyes and other officers [Page] of them that oweth the forrest. And there me semeth / the Surueyour maye sytte with the iustyces of the forrestes to one thyng specially / and that is this. that no townshyppe nor hamell entre comen within the forestes / chases / wastes / heythes / moores / and suche o­ther great cōmens / but all onely suche that of ryght ought to haue commen within the same. Wherfore it wolde be ordayned / that euery towneshyppe and ha­mell that ought to haue any suche commen in any fo­restes / chases / wastes / moores / heythes / and suche o­ther great cōmens: where dyuers townshyppes and hamels entre cōmen toguyder. Euery townshyppe and hamell ought to haue a dyuers brennynge yron and euery beest / horse / mare / & colte that is put vpon the cōmen / ought to be brenned in some parte of his body with the sayde yron / and than shall euery beest be knowen of what townshippe he is / And that were a great redynesse to the kepers / and also a great sauegarde for stealyng of the catell. And than may the kepars / regarders / goysters / and other offycers of su­che forest and chases / haue parfyte knowledge what townshyppe the catell is of. And if any of these sayde officers fynde any maner of catell hauynge no suche brenne / they maye attache theym and cease theym as streyes / and put them in sauegarde to the lordes vse / tyll they be yered and deyd. And they ought to aske them thre sondayes in thre or four next parysshe churches / and also crye them thre tymes in thre the nexte market townes. And if no man come within the yere and the day / and to make suffycient proue that the catell [Page xxix] is his / than it is forfayte to the lorde as a strey. & in lyke maner the swyne and shepe of euery township and hamell / ought to be pytched with the sayd bren­nyng yron / or suche another lyke the same. but as for all other poyntes and artycles touchyng the forestes the Surueyour hath lytell to do. Wherfore I remyt all other artycles to the iustyces of the forestes and to their deputies to execute their office. & ye shall knowe that no man shall haue a forest of right but the kyng / except he or his auncest [...]rs haue had a specyall graūt therof by charter / of the kyng and his progenytours in tymes past / and so vsed. &c.

ITem inquirend est de ecclesiis / que pertinent ad donationem dn̄i / quot sunt / et vbi / & quan­tū valent / et quātum quelibet ecclia valet per se per annum / scdm verā estimationem illius It is to be enquered of all y ^e churches that belong to the lordes gyft / how many ther be & where they be / & what they be worthe / & what euery church is worthe by it selfe by the yere / after the true estimacyon of the same. The letter of this chapiter is very playne & nedeth nat moch declaracion further than is spoken of / but alonely in one thyng / & that is thus. oft tymes he y ^t hath right to present to a churche at one tyme / hath nat right to present to y ^e said church at the next tyme. [Page] And that is where any sole patrone of a churche hath issue / two / thre / or four doughters and decesse / so that the right of patronage of the sayd churche discēdeth to all the sayd doughters. Whan y ^e churche is voyde they shall present by tourne / the eldest doughter first: than the seconde at the next auoydaunce / than the .iii. and so forthe / tyll they haue presented ones ouer. and than to begyn agayne at the eldest doughter / excepte they make any other perticyon among them selfe by agrement. And than must euery one of them present by their tourne / accordyng to their petycion / as it cometh about. And so must the Surueyour make his boke accordyng to the ryght of the presentacyon / as euery tyme / secōde tyme / thirde tyme / or fourth tyme and so forthe. Also what lordes or Gentylmen haue their tourneyse with them in the same benifyce / and whiche of thē presented last / and who shall haue next / and who than / tyll they haue gone aboute. & in what towne it is / and in what shyre and dyocise it is / and what euery benifyce is worthe by it selfe by the yere / as it canne be estymate.

[Page xxx] INquirendum est quantum valent herriot­ta / nūdine / escaeta / consuetudines / et seruic et operationes forinsie / et quantum valent placita / et perquesita fines / et reliuia / et omnia alia que accidere possunt per annum in omnibus. It is to be enquered / what be the value of herryottes / feyres / exchetes / customes / seruyces / & forreyne warkes: and what the plees be worthe / and the perquesytes or profites of the courtes / fynes / relefes / and all other thynges maye fall by the yere in all. This chapiter gothe in a generalytie and is lyke / as whan an audytour hath cast all the mynistr and par­tyculer accomptes of euery baylye or reue and other accomptance / and hath made his boke parfyte of all the partyculer / whervpon the whole charge resteth. Than whan the lorde wolde knowe what thertent is of all his hole landes / and also of euery ꝑtyculer par­cell by it selfe / it were to long a processe to shewe hym all the sayde minystr and partyculer accomptes / and thoughe he dyde / he shulde nat knowe the grose som­mes of his rentes / fynes / herryottes / exchetes / ꝑque­sytes & suche other / euery of them by hym selfe. Wherfore he wyll cause his audytoure to make a value in maner of a bridgement of all the sayd minystre accō ­ptes / and first to knowe the hole charge of all the par­tyculers / what they be at the first syght / in the sōmes totall. Than to deuyde the sōmes totall in dyuers ꝑ­cels / as the chefe rentes of the freholders by thēselfe / the rentes of customary tenaūtes by thēselfe / tenauntes by indēture / or tenaūtes at the lordes wyll by thē [Page] selfe so that he may make a grose sōme of euery ma­ner of rent▪ so that one rēt may be knowen from ano­ther. But than must the audytour haue good & par­fyte informacion / or els he can nat do it. and that in­formacion must come by the surueyour & the baylyes for they ought to knowe one maner of rent from another / and therfore their rentalles wolde be made a cordyng / also the perquesytes of the courtes by thēselfe. And those must be in lyke maner deuyded / as y ^e plees by them selfe / the mercementes for cōmen trespace by them selfe / fynes by them selfe / herryottes by thēselfe exchetes by them selfe / and so of relefes / feyres / mar­kettes / and all other casualties / euery of thē by them selfe and ought to be presented in the court by them selfe. And therof to be made an estreyt to the bayly or reue to gader by / & brought in to the accompte to the audytour / the whiche he may deuyde in makynge of his value / if the accōptance bring hym perfyte rētals and court roles and nat els. but if they do it nat at the first tyme / he must teche and enforme thē howe they shulde make them perfyte. Also customes / seruyces / and warkes be ofte tyme done by bodely seruice and warkes / and than they be nat to be acompted for / but yet mencyon wolde be made in the accompte therof. And many tymes suche maner of customes / seruyces and warkes be tourned in to money: And than it cō ­menly gothe with the rentes / and the bayly or reue is charged therwith. And this chapiter reherseth fur­ther / Et omnia alia que accider possit per annum in omnibus. And of all other thynges that maye fall to [Page xxxi] the lorde / what they be worthe by the yere. and those may be taken as mynes of tynne / leed / ore / cole / yron stonne / freston / mylne stones / gryndell stones / lyme­stonne / chalke / furlers / erthe / Sande / cley / grauell / brome / gorse or fyrs / marle / turues / thornes / woode / busshes / heyth / Ferne or braken / and suche other / yf there be any newe founde: and ought to be putte in a rentall to a certentie / or els to be putte in accompte by waye of approwment. And than thauditour may deuyde the casualties from the certenties / and to make a grose somme of them all. And yet maye the va­lue of euery thyng appere and be knowen / howe mo­che it is by it selfe. And than must there be deduct out of the sayd grose somme all maner of out rentes and ordynary charges: as baylyes fees / reparacyon and suche other / and than̄e to make a clere grose somme of euery yere by hym selfe / And bycause ofte tymes more casualties falle 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 cōmenly about that somme so deuyded. And thus endeth the brefe declaracyon of this statute Extenta mane­rii.

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 hū ­ble seruyce of reuerēce / that a free man may do to his lorde. For whan the tenaunt shall do homage to his chefe lorde / of whōe he holdeth his chefe maner or mā cyon place / by knight seruyce and priorite. He shalbe 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 tenemētes the which I holde of you / sauyng the faythe that I owe to our soueray­gne lorde the kyng and my other lordꝭ. And the lorde so sytting shall kysse his tenaūt / the which is a sygne [Page xxxii] 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 tenāt 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 frendꝭ 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 ꝓ­fessed to god to be his men and women / and to none other. And therfore they shall knele and holde their [Page] 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 tenemētes 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 husbāde / 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 shalbe faithfull and lowly / for the landes and tenementes that I helde of A. B. your grauntour / in the townes of C. [Page xxxiii] 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 tenaūt 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 tenaūt holdeth his landes is recouered agaynst the lorde. Nowe shall the tenāt 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.

[Page]¶And if a man holde landes of the kyng in chiefe / & haue yssue thre or four doughters & dye / all y ^e 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 y ^e 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 shalbe faythfull and lowly / & fayth to you shall beare for the landes and tenemētes / 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 shalbe 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 y ^e lorde shall do feaultie / he shall ley his hande vpon the boke and saye thus. Here you my lorde S. that IW.B. [Page xxxiiii] fro this day forthe to you shalbe faythfull and lowly and I shalbe iustifyable to you of body and of goodꝭ as god me helpe and his sayntes / & kysse the boke. &c.

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 ꝑte / 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 inherytaūce of the lordes / as of euery fre holder by charter / copye holder / & customary holder / and to knowe euery mānes lande as it lyeth to his house one frō another. so that it may be knowen an hūdred 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 [...] [...]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 y ^e great substaunce of richesse conteyned in them / for than he [Page] 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 cōteyneth / & howe moche therof was medowe grounde / howe moche pasture groūde / howe moche wode grounde or busshe groū ­de / heythe / lyng / or suche other. & what an acre of me­dowe groūde 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 dilygēt 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 begīneth 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 / [Page xxxv] 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 secōde 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 Tēmes strete. and than he may chose wheder he wyll folowe the southe syde of the sayd Tēmes 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 withīforthe / 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.

[Page] IT is conuenyent that a husbande kepe his errable lande lyenge rounde / that it be nat to highe in the rygge / nor to lowe in the myddes of y ^e sides / nor to hye a lytell fro the rayne: for than wyll y ^e water stande in the sydes of the landes & drowne y ^e corne. & though there be no corne / yet it wereth the grounde & maketh it lene / for stādyng water distroyeth grasse / and therfore it must nedes distroye corne / the whiche is moche more tendrer than the grasse. And if it so be / than take thy ploughe and begyn to plowe a forowe in the myddes of the syde of the lande / & cast it downe as and thou shulde falowe it / and so ꝑuse bothe sydes tyll the rigge be cast downe. & than take thy ploughe agayne and begyn to plowe wher thou dydest plowe firste / and rygge all the remynaunt vpwarde / and so shalt thou bothe cast thy landes and rigge it / and all at one plowyng. And this wyll make the lande to lye roūde / the which is good bothe for corne & grasse. &c.

¶Another maner of mēdyng of errable lande / is to mucke it / marle it / lyme it / or dong it / with y ^e carte or wayne. and as I sayde in the boke of husbandrie / to sette thy dong vpon the first sturryng whan it is rygged / for that is best for many causes. and if thou lay it vpon the falowyng / than set thy mucke hepe in the reyne of the lande and than sprede it / and all that fal­leth in the rygge cast it out agayne / for elles it dothe but lytell good / for it wyll be couered with erthe and syldome sene agayne. &c.

[Page xliii]¶Another maner of mendynge of errable lande / is to sette thy shepe folde vpon it / and to flytte it euery daye / and it is better vpon the sturrynge than vpon the falowe / and the shepe folde is better vpon the rye grounde than vpon the whete grounde. &c.

¶Another maner / whan a husbande hath moche errable lande / and hath no donge nor shepe to compost nor donge his lande with all. Than let the husbande take his plough / and cast all suche landes thre or four tymes togyder / and make the rigge there as y ^e reyne was before. And if the landes be to brode whan it is so cast downe / than rygge eyther syde by it selfe / and so make two landes of one lande / or thre landes of .ii landes. And so shall he fynde newe moolde that was nat sene in a hūdred yeres before / the whiche must ne­des gyue more corne than the other dyde before. &c.

SE that there be no moldy warpes casti­ge in the medowes / and yf there be / in Aprill lette them be spradd and beaten small. And this is y ^e best way to sprede them and make them small. To take a great boughe of a tree / and to plass he the bowes a­brode and lay them lowe / and if they lye nat brode ynoughe / than take other smalle bowes and bynde [Page] them faste to the same / and to ley a tree or two ouer­thwarte the bowes / to holde them downe flatte to the erthe / and to bynde the trees or the bowes that it fall nat of. And than to boore an hole with an nauger in the great boughes ende / or els to tye a rope fast to all the boughes endes toguyder / and to fast the teym to the same / and with oxen or horses to drawe the sayde boughes / bothe vp and downe and ouerthwarte the sayde moldy warpe hylles / the whiche shall spredde them better / than any mannes handes can do. & that shall refresshe the grasse and make the medowes moche better.

¶Another maner of mendynge of medowes / is yf t [...]ere be any rynning water or lande flode / that may be sette or brought to ronne ouer the medowes / from the tyme that they be mowen vnto the begynning of May / and they wyll be moche the better. and it shall kylle / drowne / & driue awaye the moldywarpes / and fyll vp the lowe places with sande & make the groūde euyn and good to mowe. All maner of waters be good / so that they stande nat styll vpon the grounde. But specially that water that cometh out of a towne from euery mānes mydding or donghyll is best / and wyll make the medowes moost rankest. And fro the begynning of May tyll y ^e medowes be mowen and the hay goten in / the waters wolde be set by and ron another way / for dyuers considera­cyons. &c.

YE must take hede howe the leyse lye / and specially that they lye nat to hyghe / for & they do / it is more profite to y ^e husbande to caste it downe agayne / & sowe it with otes / one yere / two / or thre / and to ley it lower and rounde in good temper. and se that no water stande at the landes endes / buttyng on the heed lā des. and if it so do / than with a ploughe cast a forowe towarde the heed landes / and than the water wyll folowe that forowe and make the landes drie. But that forowe wyll nat serue paste one or two yeres / but it must be renewed / And yf it waxe mossye in wynter / than wolde it be plowed agayne and sowen with dyuers cornes / as the grounde requyreth. And at the first plowynge it wolde be plowed a square forowe / as depe as it is brode / and layde flatte & sowen with otes / that the mosse maye rote / and than to lye falowe one yere / & than to be sowen with wheat / rye / or bar­lye / as the husbande thynketh moost cōuenyent. And if it shulde lye falowe the first yere the mosse wyll nat rote / and at wynter it wyll be weate / and drowne all [Page xlv] the wheat and rye that it toucheth. And if a man ha­ue plentie of suche pasture that wyll be mossye euery thirde yere / let hym breke vp a newe pese of grounde and plowe it and sowe it (as I haue said before) and he shall haue plentie of corne with lytell dongynge. & sowe it no lengar than it wyll beare plentie of corne without dong / and it wyll beare moche better grasse ten or .xii. yere after. And if the leyse be to brode / than make two lādes of one lande (as I haue said before) And shepe are the moost conuenyent catell that may go on suche pasture / and best they wyll amende the grasse. and to take good hede that ye suffre nouther breres nor blacke thornes / nor none other maner of busshes to growe in your pastures / and specially by the hedges. &c.

THere is none other remedy / but to stocke and gette vp the busshes by the rotes / and the landes plowed and sowen (as I haue sayd before) the reyst grounde if it be drie wyll bringe moche corne / for the mosse wyll rote / and the moole hyllockes wyll amende the grounde well. And yf there be any marle pyttes / that haue be ma­de of olde tyme within the same cloyse / than̄e whan the landes begynne to weare / if he haue nat sufficiēt [Page] of suche busshye and mossye groūde to breke vp and sowe. than there wolde be newe marle pyttes made & the landes newe marled / the whiche is moche better than outher / donge / mucke / or lyme / for it wyll laste twentie yeres togyder / if it be well done / and shall be the better whyle it is lande. And I marueyle greatly that in the cōmen feldes / where of olde tyme hath ben made many great marlepytes / the whiche hath done moche good to the lādes / that nowe a dayes no man dothe occupy thēne make none other. & they nede nat to doute / but ther is marle nowe aswell as was than but as me semeth ther be two causes why ▪ one is / the tenauntes be so doutefull of their lande lordes / that if they shulde marle and make their holdynges mo­che better / they feare leest they shulde be putte out or make a great fyne / or els to paye more rent. And if a lorde so do / me semeth he is vnresonable / seyng that it was done all at the costes of his tenaunte / and nat at his. The seconde cause is / that men be disposed to ydelnesse and wyll nat laboure as they haue done in tymes paste / but passe forthe the tyme as his father dyd before hym. but yet me semeth a freholder shuld nat be of that cōdycion / for he is in a suretie / his chefe lorde can nat put hym out doyng his duetie. And he knoweth well / he shall take y ^e profite whyle he lyueth and his heyres after hym / and thus shulde gyue him a corage to improwe his owne / the which is as good as & he had purchased as moche as the improwment cometh to. And one man this doyng / wolde gyue o­ther men a corage and a good example to folowe the [Page xlvi] same. And all other countreis may take ensample at Chestershyre and Lancastershyre / for many of them that haue so doone / haue made the improwmente as good as the lande was before. &c.

YE must consyder what the groūde is disposed vnto / & wheder it be drie or wete / or be disposed to beare woode / grasse or corne. If it be drie and full of grauell it is better to bere wode / than outher corne or grasse. If it be weate grounde / it is nat good for corne: but it wyll beare bothe wode and grasse. But and it be a blacke erthe and drie / it is good for corne / and it wyll quyte the cost to stocke it vp by the rotes / and to sowe it with corne. And yf it be whyte cley / it is moost commenly a weate grounde / and than it is nat good for corne / but it wyll beare bothe wode and grasse: and an acre of wode is as good as an acre of corne groūde / or of grasse / and in some places moche better. And if ye wyll encrease the sayd busshy groū ­de and to make more wode: than bytwene Myghel­mas and Martylmas / ye must gader many akehor­nes and put them in erthen pottes / for those will kepe them moyst / and in February and Marche sette the sayd akehornes in the sayde busshes / as thycke as ye [Page] wyll / & vndouted they wyll growe. And also ye may gette the keys of asshes / nuttes / and suche other / and set them in lyke maner / and to kepe all maner of ca­tell that wyll eate any wode out of the same grounde tyll it be past daūger of catell. &c.

IF they be great olde trees / if ye felle thē by the erthe / there wyll neuer come any springe of them vp agayne / except they haue many smalle pumples and sprin­ges about the rotes. And therfore suche olde trees wolde be but lopped and cropped / to beare more wode styll / and if it be a good grounde to beare corne & be but a fewe trees / than it were best to stocke thē vp by the rotes / and to plowe it and sowe it. And if it be but yong wode / ye may chose wheder ye wyll shrede it / loppe it / or croppe it / or felle it by the erthe. And if ye fell it by the erthe and kepe the springe well ye shall haue for euery tree two or thre trees / so that it be felde at a due season of the yere / and that is by­twene Candelmas and Maye / wherof I haue spo­ken sufficiently ynoughe in the boke of husbandrie.

[Page xlvii]yE shall vnderstande that there be two ma­ner of gorse / and some men calle them fyrse. One maner wyll growe on drie grounde / & that maner wyll growe as hyghe as a man / and ha­ue a great stalke as moche as a walkyng staffe. and if ye wyll suffre them to growe and fell them nat / by processe of tyme whan beestes go amonge them / and specially in wynter tyme for colde / and in somer for shade that wyll cause them to dye. And many tymes and longe contynuall frost in wynter wyll kyll these maner of gorse: and whan they be deed / if ye plowe the lāde agayne and sowe it with corne whan it lyeth ley agayne / the gorse wyll growe agayne. And the best remedy for growynge agayne / is to putte vpon suche maner of pasture many shepe to eate it bare / but in many places they sette great store by those maner of gorse / and speciallye for their fewell: & wolde nat gyue an acre of gorsty lande for two acres of er­rable lande. And on that maner of gorsty lande wol­de growe good corne with lytell donge / & it is more profyte to plowe it and sowe it / than to lye ley / except he kepe it for his fewell▪ and they growe moost com­menly vpon drie grounde / somwhat sandye or gra­uell / and Shepe is the moost conuenyent catell that maye go vpon suche pasture.

[Page] IF the grounde be drie and growe full of suche maner of gorse with the great stalkes / ye be at your lybertie to do as I haue sayde / and yf it be of the other maner of gorse or fyrse / the whiche growe lowe by the erthe and haue but lytell small stalkes. that maner of gorse groweth alwaye on welspring grounde somwhat moyst and weate / and it wyll neuer beare good corne / but hewe it vp to bake and brewe with­all / for it wyll nat lightlye be distroyed / for yf it be brēde it wyll growe agayne. But and there be marle vnderneth in the grounde within the same close / if ye make cost / than bren the gorse at Marche / and with a bygge and many oxen / plowe it and make small lā ­des / and than marle them and sowe them with otes / for that corne wyll growe best on suche groūde. And if this wyll nat serue it is past remedy / for marle mē deth all maner of grounde but it is costely. &c.

BRome groweth alwaye vpon drie and sandy grounde / and it wyll beare good rye and otes but it wyll nat endure to beare corne longe / without it be donged with the carte or with the shepe folde / or bothe. And if ye let it lye ley & plowe it nat / y ^e brome wyll come agayn. and shepe is the best catell to holde it vnder / but neuerthelesse it wyll growe. Whan it is growen of a yarde of heyght or more / than it is good [Page xlviii] to bake and brewe with / and specially whan a house is thacked / to take the brome and make it ī quarters of a yarde long / or there about / and to pricke them in to the thacke by and by / and couer the thacke clene o­uer / and it shall bothe kepe out weate and also saue it from pullynge downe with crowes / pyes / dawes / or choughes: And if ye wolde distroy it whan it is growen thre or four fote of height / than about saynt Ia­mes day fell it a fote aboue therthe or more / and than the stalke wyll dye for a good season / but yf it be plo­wed agayne / it wyll growe as faste as euer it dyde / whan he leaueth plowyng.

ye shall vnderstande that there be four maners of heyth groūde .s. heyth growyng vpon grauell / and heyth growyng vpon sande. these two maner of heth groundes wyll beare no corne without moche donge or mucke / for seldome is there any marle vnder that maner of heyth / And in many countreis where plen­tie of lyme stonne is / the husbandes do bren the lyme stonne with wode and secole / and make lyme therof: and do set it vpon their landes as they do their dong and do sprede it in lyke maner / the whiche they calle moche better than dong / for lyme is hote of hym selfe The other two maners of heyth / is heyth growyng vpon white cley grounde / and heyth growyng vpon blacke erthe / that lyeth lowe lyke marrys grounde / & [Page] vnderneth these two maner of heyth groundes / ther lyeth moost cōmenly marle. Than brenne the heyth and serche for the marle / and dygge it vp and ley it thycke vpon the grounde & sprede it / and than plowe it and sowe it. and it is moche better thā outher lyme mucke / or any maner of dong / and lengar it wyll last and se that there be no water standyng vpon the said grounde. &c.

THere is none other remedy / but firste to dreyne the water clene awaye. And this is a good meyne to dreyne y ^e water clene away. First in the lowest close wher the water maye be beste auoyded: Make a great dyche and a depe / that the water may auoyde. And if all the water wyll nat come to that great diche but stande styll in dyuers places / thaūe make many smalle dyches one in to another / from the sayd stan­dyng waters / so that all these standyng waters may come in to the great dyche / and that by reason shulde dreyne the water clene. And in a drie somer ye maye make many brode and depe diches and seuer y ^e mar­res in dyuers pastures / and make bridges ouer the dyches in to euery close / and dyuers lanes made lyke a causey to conuey the catell in to the pastures / so that one causey or lane / maye serue the closes or pastures on bothe sydes. And in the lowest place of euery close [Page xlix] or pasture / make a trenche or a lytell dyche in to the great dyche that gothe about. And this shall ye ma­ke by processe good pastures of marres groūde / and euer the lengar the better pastures: and specially if ye put in moche catell / it shall make the better grasse and the fyner. And melche kye / draught oxen / and la­bourynge horses / is the best catell to make good pa­sture on marres grounde / and shepe on drie groūde / for they wyll eate the grounde moost barest / and that causeth the grasse to be good & fyne. And if this ma­ner of dichynge wyll nat make the marres grounde drie / than must you make a sough vnderneth therthe as men do to gette cole / yron / stonne / leed / ore / or tyn And if that wyll nat serue / than kepe out your catell for feare of drownyng. &c.

BRomye grounde and fernye grounde be moch of one nature / for they growe on sā dye and drie groūde: And they wyll bere good rye / barley / bygge / or beyre / and o­tes / if they be donged with shepe / carte or wayne: For suche lyght grounde wyll soone weare and wasshe with water / yf it be nat donged. And yf they lye vnplowed / they wyll growe full of brōe and ferne / and if ye wyll distroy the brome whan it is growen thre or foure fote hye / In Mydsomer mo [...]ne or [Page] soone after whan it is full blomed / with a hedgynge byll cutte the stalkes halfe a yarde aboue the erthe / so that ye leaue no grene stalke growyng vpon the rote and that wyll cause it to dye. But and ye plowe it a­gayne and after let it lye / it wyll growe agayne. and if ye mowe ferne whan it is yonge / so that it be mo­wen before Mydsomer / by vse of suche mowynge it wyll weare away.

CHylturne grounde and flyntie groūde be lyght groundes and drie / and full of small stones / and chalke groūde is moche of the same nature / and they wyll weare & was­she awaye with water. And therfore they wolde be donged / as the bromye and fernye groun­des be / for marle is seldome founde in these maner of groundes. And therfore / if ye want shepe and dong / they wolde lye ley and rest thē that they maye mende with lyeng.

LIme stonne grounde is very good / bothe for corne and grasse / and yet in some places there wyll moche heyth growe vpon lyme stone grounde / [Page l] and that is longe of yll husbandrie. For & that heyth were brēned / plowed / & sowed y ^e first yere with otes / and than falowed and sowed with whete / rye / & bar­ley / and after with beanes or pees / it wyll beare mo­che corne with lytell donge / and shall beare alway after the better grasse. And shepe is the best catell that can go vpon any of these sixe maner of groūdes / and best they wyll amende the grasse / and kepe them selfe from rotyng. And he that hath lymestone / maye bren it with coole and wode and make lyme / wherwith he may lyme his grounde & that wyll bring good corne / or he maye sell his lyme at his pleasure.

FIrst ye shall vnderstande / that there be dyuers maners of waters: that is to say stādyng waters / as poles / meyres / mot­tes / and stewes. And also ronnyng wa­ters / as great ryuers / smale ryuers / brokes / sucches / welspringes / and pyttes: than what ꝓ­fyte may come to the lorde of them. The lorde maye sette the fysshinges of all these sayd waters to his te­naūtes for certayne rent / and he maye reserue to him selfe certayne fysshe / or to fysshe certayne tymes / or at any tyme at his pleasure.

ALso vpon these waters / the lorde maye sette dyuers maner of mylnes / the whi­che maye be to the lordes great ease and profite. As vpon the great riuers / corne mylnes that be called grounde mylnes / and they be called groūde mylnes / bycause the ouer­syde of the heed sylle lyeth euyn leuell with the ouer­syde of the grounde / in the bottom of the water. And also fullyng mylnes / otherwyse called walk mylnes / may be made in like maner / and stande also vpon the great ryuers. And thā one whele is able to driue two stockes / that is to say / bothe a potyer and a faller / the faller bothe to scoure and herely / and the potyere to thicke the clothe. And commenly these mylnes be nat set vpon the great stremes of these great ryuers / but a great parte of the water is cōueyed out of the great streme by a mylne fleme made with mānes hande to a certayne place / where wysemen thynke the mylne moost cōuenyent to be set / & the sayd water to be hol­den vp and brought to the said mylne / by reason and settyng of a weyre ouerthwart the sayd streme / made of trouse / tymbre / or stonne / or of bothe. And whan it is palte the mylne with a suffycient fall of the water / that the mylne stande nat in backe water / to retourne in to the ryuer agayne. and in many places / the said [Page li] mylnes be set on the one syde of the great ryuer / and a weyre made of tymbre and stone to holde vp the water to the mylne / the whiche is a great cost / and ma­ny tymes it wyll stande in lacke of water that it may nat well go at a great stode / except the groūde warke be made very hie. But they be ꝓfitable bothe in grin dynge of corne and fullyng of clothe / and in takynge of moche fysshe. And in lyke maner these sayde two maner of mylnes maye be sette vpon smale ryuers / without any fleme castyng / but all onely his weyre to holde vp the water / and his flode gates to let it go at a flode / whan nede shall requyre. Also there be other two maner of corne mylnes / that is to saye: a breste mylne and an ouershotte mylne / and those two ma­ner of mylnes be sette and go moost commenly vpon smale brokes / and vpon great poles & meyres. And they haue alway abrode bowe a fote brode and more and the ladelles be alwaye shrowded with compast bordes on bothe sides to holde in the water / and than they be called bokettes. And they muste be set moche nerer toguyder than the ladelles be / and moche more a sloope downewarde / to holde moche water that it fall nat out / for it driueth the whele as well with the weyght of the water as with y ^e strength. And the mylner must drawe his water acordyng to his bokettes / that they maye be alway full and no more / for the lenger that they holde the water the better they be. Also another maner of fullyng mylnes / maye be sette and go vpon the sayde smale brokes / pooles / or meyres. [Page] and those be called fallers / for a faller by hymselfe requyreth nat so great strength of water as the potyer dothe / bycause the water cometh most cōmenly ouer the whele / and the braces do butte heue vp the two fete that fall in to the stocke vpon the clothe / the whi­che causeth the clothe to thicke and tourne. Also these mylnes that be sette and go on small waters / may go and ron with a gogyn of yron vpon bulder stones or vpon brasse as a bell dothe / for y ^t wyll go moost ligh­test. But these mylnes that go vpon these great ry­uers / that be brode / heuy / and weighty / must nedes haue two great thycke hoopes of yron foure inches brode / and an inche thycke: and eight or nyne inches bytwene the sydes / sette on bothe endes of the shafte / for the gogyn of yron wyll nat beare them / and speci­ally the fullynge mylne. And that mylne that gothe with a gogyn / yet must it haue on eyther ende of the shafte a hoope of yron and bulders vnder / and if the gogyn feyle or waxe lose / but it shall nat touche them bothe attones. And lette the mylner take good hede bothe to the gogyns and hoopes that they be nat lose for than wyll the shafte endes brenne of. For than he hurteth his lorde / his mayster / or hymselfe / for mylne shaftes be costely. But in so moche as there is great profyte to the lordes in makyng of these mylnes / and the moost rente is reysed vpon so lytell grounde / and ofte tymes for want of the sede of discrecyon and ex­peryence of good makynge / there be many defautes made in them / and specially in makyng of the mylne [Page lii] troughe / wher the mylne whele gothe / for ofte tymes they make it to holowe and depe vnder y ^e whele / that the water standeth therin whan the mylne gothe nat / for the tayle syll wolde lye bare & drie whan the myln gothe nat. And the tayle sylle wolde lye twētie inches or .xxiiii. vnder the heed sylle / and the troughe wolde nat passe thre inches holowe at the moost / and as longe as it maye receyue thre ladelles / the fourthe ladell entrynge the water / and the fyfte ladell leauynge the water. And the strake sylles bothe aboue and vnder wolde be of a good length / so that the whele come nat nighe vnto the draught gate be two fote or more / for the further fro the gate the bygger and the swyfter is the streme. And the lengar that the ladell is the better it is / so y ^t it haue sufficyent water. And than the myl­ner nedeth nat to drawe vp his gate so highe / as and the ladell be shorte / for the ebber the water is the swif­ter it is. And a double bowed whele is moche better than a syngle bowed whele / for many causes / if there be sufficient water / and better it wyll kepe the ladels from losynge. The ladell moost commenly of a dou­ble bowed whele / wolde be thre fote longe and a fote brode / and to drawe vp his draught gate nyne or ten inches is suffycient: And than shall nat the bowe of the whele be hydde nor couered in y ^e water / and than it gothe swyftly. And vpon the great ryuers the la­delles maye be an elne longe / but for the weyght and drawynge vp of the draught gate. &c. The greatter compasse the whele is / the lasse water wyll driue it: [Page] but it wyll nat go so ofte about as a lytell whele wyll do. But the cogge whele in a corne mylne / is a great helper if it be well pycked / well cogged / and well rō ­ged / sixe ronges & .xlviii. cogges / are best for a great ryuer. For than the mylne stonne gothe eyght tymes about and the water whele but ones / and euery rong kepeth his owne cogge / et econtra. & changeth nat on any syde. And for a meane water sixe rōges and .xlii. cogges is best. And for the ouer shotte mylne sixe rō ­ges and .xxxvi. cogges is best / For the cogge whele maye nat be of so great a compase as the other cogge wheles be / And in all these pyckes / euery cogge ke­peth his owne ronge. And if ye putte in any whele a cogge or two cogges / mo or lasse: thanne as I haue sayd. Than shall euery cogge chaunge his ronge at all tymes / so that and it be nat very truely pycked it wyll nat go well / and if it fortune to breke a cogge as it is lyke to do / it wyll than breke many of them / ex­cepte he shote downe his draught gate shortely / and lykewise a wyndmylne. howbe it a wyndmylne hath neuer vnder .xlviii. cogges or .liiii. &c. but they must be so pycked / that euery cogge kepe his owne ronge / and seuyn ronges are nat profytable for they go latte lye. Of horse mylnes I do nat speke of the makyng / for I haue nat thexperience of them as I haue of wa­ter mylnes.

¶Also the lordes and their tenauntes haue another maner of profyte by reason of these waters / ouer and [Page liii] besyde these maner of mylnes or fysshingꝭ / and that is by reason of the watrynge of their catell and bee­stes bothe wynter and somer / and specially of the rynnynge waters / as ryuers / brokes / sucches / and wel­springes / for they done syldome frese or neuer / & they wyll be colde in somer and warme in wynter / and yf a close want water it hath a great meame and is mo­che the worse.

¶Furthermore it is cōuenyent for a surueyour that whan he hath surueyed his Lordes landes / and sene what profytes and approwmentes maye ryse and be made within the same / that he shewe his lorde therof and aduyse hym to do it / and to make the cost. For it is vndouted / that a man can nat make no surer pur­chase of any maner of lande / better tytell / nor lighter coste / nor more aduauntage to hym selfe / than to im­prowe / amende / and make better / his owne olde en­herytaunce. I meane nat by the heyghtnynge / rey­syng / or increasyng of the rentes of their tenauntes / but all onely in mendyng and makyng better his er­rable landes / medowes leyse / & pastures / and in ma­kyng of water mylnes / wyndmylnes / horse mylnes / fullyng mylnes / sythe mylnes / cutteler mylnes / be it by water or draught of horses / smethy mylnes / or su­che other. And also of gettynge of all maner of pro­fytes / as well vnder the erthe as aboue (as before is remembred) in the sixt chapiter.

And by the reason of these improwmētes / me semeth [Page] a man myght make euery townshyppe that standeth in the playne champyon countre and occupyed in tyllage / halfe as good agayne in all maner of profytes to the tenauntes as it was before. If the lordes ther­of / & their tenaūtes can agre of the costes that shulde be made therof. And neuer a house nor cottage to be decayed nor lette downe / and to haue as moche lande in tyllage and plowing as ther was before / and their corne and grasse shulde be better saued and kepte frō distroyeng.

IT is vndouted that euery townshyppe that stādeth in tyllage in the playne coū trey / there be errable landes to plowe & sowe / and leyse to tye or tedder their horses and mares vpon / and commen pa­sture to kepe and pasture their catell / beestes / & shepe vpon. And also they haue medowe grounde to gette their hey vpon. Than lette it be knowen howe many acres of errable landes euery man hath in tyllage / & of the same acres in euery felde to chaunge with his neyghbours / and to ley them toguyder and to make hym one seuerall close in euery felde / for his errable landes and his leyse in euery felde to ley them toguyder in one felde / and to make one seuerall close for thē [Page liiii] all. And also another seuerall close for his porcyon of his commen pasture / and also his porcyon of his me­dowe in a seuerall close by it selfe / and all kepte in se­uerall bothe in wynter and somer / and euery cottage shall haue his porcion assigned hym acordyng to his rent. and than shall nat the ryche man ouerpresse the poore man with his catell / and euery man maye eate his owne close at his pleasure. And vndouted / y ^t hay and strawe that will fynde one beest in the house wyll fynde two beestes in the close / & better they shall lyke For those beestes in the house haue shorte heer & thyn and towarde Marche they wyll pyll & be bare. And therfore they maye nat abyde in the felde before the heerdman in wynter tyme for colde. And those that lye in a close vnder a hedge haue longe heer & thycke / and they wyll neuer pyll nor be bare. and by this reason the husbande may kepe twyse so many catell as he dyde before.

¶This is the cause of this approument. Nowe euery husbande hath sixe seuerall closes / wherof thre be for corne / the fourthe for his leyse / the fyfte for his cō ­men pastures / and the sixte for his hay: and in wyn­ter tyme there is but one occupyed with corne. & than hath the husbāde other fyue to occupy tyll lent come / and than he hath his falowe felde / his ley felde / & his pasture felde all somer. And whā he hath mowen his medowe than he hath his medowe grounde / so that & he haue any weyke catell that wolde be amended / or [Page] dyuers maner of catell / he may put thē in any close he wyll / the whiche is a great aduaūtage. & if all shulde lye cōmen / than wolde the edysshe of the corne feldes & the aftermath of all the medowes be eaten in ten or xii. dayes. And the riche men that hath moche catell / wolde haue the aduauntage / and the poore man can haue no helpe nor relefe in wynter / whā he hath most nede. And if an acre of lande be worthe sixe pens or it be enclosed / it wyll be worthe eyght pens whan it is enclosed / by reason of the compostyng and dongyng of the catell / that shall go and lye vpon it bothe day and night. And if any of his thre closes that he hath for his corne be worne or waxe bare / than he may breke and plowe vp his close that he had for his leyse / or the close that he had for his commen pasture / or bothe and sowe them with corne / and lette the other lye for a tyme / and so shall he haue alway reist grounde / the whiche will beare moche corne with lytell dong. and also he shall haue great profite of the wode in the hedges whan it is growen. & nat all onely these profytes and aduauntages beforesayd / but he shall saue mo­che more than all these: for by reason of these closes / he shall saue meate / drinke / & wages of ashepeheerd the wages of the heerdman / & the wages of the swynheerd / the whiche maye fortune to be as chargeable as all his hole rente / and also his corne shall be better saued fro eatyng or distroyeng with catell. For dout ye nat / but heerdmen with their catell / shepeheerdes with their shepe / and tyeng of horses and mares / di­stroyeth [Page lv] moche corne / the whiche the hedges wolde saue. Paraduenture some men wolde saye / that this shulde be agaynst the cōmen weale / bycause the shepheerdes / heerdmen / and swyneheerdes / shulde than be putte out of wages. To that it maye be answered / thoughe those occupacyons be nat vsed / there be as many newe occupacyons that were nat vsed before. As gettyng of quyckesettes / dyching / hedgyng / and plasshyng / the whiche the same men may vse and oc­cupy. Also it maye fortune men wyll say / that and all shulde be enclosed / that ther wolde be many foule la­nes as there be in Essexe: but for that there may be a prouycion / and that is thus. Where the kynges hye way is / if it be drie grounde / stony groūde / or sandy grounde / in all suche places may be lanes made of a conuenyent brede / for the kynges people to passe tho­rowe with all maner of cariage. And where it is soft grounde lyeng leuell / that the waters maye nat well passe by the dichesse / at euery hedge that gothe ouer­thwart the hywaye there to make a gate / and stonne it or grauell it in that place. And thā hath euery man the hole close to ryde / cary / or go in / as they hadde before / Lykewise as they do at the wynde gates a this syde Chorley in Lancashyre / and lykewise bytwene towne & towne / and as to their owne drifte lanes to their closes / let them make them for their owne ease as they wyll haue thē. &c.

[Page] THe moost indyfferentest meane to make these approumētes / as me semeth is this All the lordes of one towne be there ne­uer so many / shulde be all of one assente / that their tenauntes shulde exchaunge their landes one with another / & the sayd exchaunge to stande and endure for euer / for doute them nat but they knowe it beste, and euery tenaunt for his owne aduauntage wyll do it indifferently / and the curate of the same parysshe for his parte. and euery lordes bayly to be indyfferent to se these closes lotted and assigned to euery mannes ease / so that euery man may haue one lytell crofte or close next to his owne house / if it maye be / thoughe he haue no lande of his owne. This done / lette euery lorde by his copy of court role or by indenture / to make a suffycient lease to euery of their tenauntes / to haue to hym and to his wyfe and to his chyldren / so that it passe nat thre lyues / than beyng a lyue and named. yeldyng and payeng to their lordes and to their heyres / the olde rentes and seruy­ces before due and accustomed / duryng those thre ly­ues / vpon this cōdycion. That they shall do or cause to be done duryng their lyues / sufficyently to quicke sette / dyche / hedge / and plasshe whan nede is / all the sayd closes / & so kepe thē duryng their lyues / the whiche wyll be a great charge to the tenauntes. But yet me semeth they may well do it if they entēde to thrife and specially do remembre the profytes that may cōe to them afterwarde. There is an olde sayeng / quod [Page lvi] leuis est labor cum lucro / that is to say. That labour is light where winnyng foloweth. and moche of this labour may be done by hym selfe & his seruantes at a cōuenyent tyme / so y ^t he let nat his husbādrie. It is to moche to be done in one yere two or thre / but and they may do it in sixe or nyne yeres / as the feldes go about they hye them well / for it is to costely for husbandes to hyre it to be done. And the lordes / me semeth canne do no lasse / than to graūt them these thre lyues of the olde rente / remembring what profytes they may ha­ue at the ende of their termes / they knowe nat howe soone. For vndouted on sette day cometh at last / and thoughe the aduaūtage of the lordes come nat anone it wyll come at length. And therfore saythe the philo­sopher / Quod dffertur non aufertur / that thyng that is dyfferred is nat taken awaye / and in the meane tyme the lordes haue no ma­ner of losse / nor yet make no costes but at their plea­sure.