¶ Here beginneth a right fruitful matter: and hath to name the book of surueyeng and improumentes.  
  

  

¶ Hereafter followeth the table of this present treatise/ and the chapters of an old statute called Extenta manerii.  


FIrst the prologue of the author/ for the declaration of this present treatise. ¶ Of castles and other buildings/ what the walls/ the timber/ the stone/ the lead/ the sclate/ the tile/ or other of coverings is worth by the year/ aswell within the walls as without. And also of gardens/ curtylages/ dofehouses/ and all other profits be worth by the year. Capitulo primo.  
¶ How many fields are of the demayns/ and how many acres are in every Field/ and what an acre is worth by the year. Cap. secundo.  
¶ How many acres of meadow are of the demeyns and how much every acre is worth/ and to what manner of cattles it is most necessary unto/ and how many beasts it will find/ and what the pasture of a be'st is worth by the year. Cap. tertio.  
¶ Of foreign pastures that be comen/ how many and of what manner of cattles the lord may have in the same/ and what the pasture of a be'st is worth by the year. etc. Capitulo quarto.  
¶ Of parks and demayne woods/ the which the lord may assarte and to do his profit/ and how many acres they contain/ and what the vesture of an acre is worth/ & what the ground is worth when the vesture is fallen. Cap. v.  
¶ Of foreign woods where other men have comen/ whether the lord may improwe himself thereof and of how many acres/ and what the vesture of an acre is worth/ and what the ground is worth when the wood is fallen/ and how many acres they contain and what an acre is worth by the year. Cap. vi.  
¶ whether the lord may give or sell the residue of his foreign woods/ and what such gift or sale is worth. etc. Cap. seven.  
¶ Of panage and herbage of the town/ and of all other profits of pools/ meyres'/ and running waters: of moors/ heaths/ and wastes/ what they be worth by the year. Cap. viii.  
¶ Of mylnes/ several fysshinge/ & comen fysshinges/ what they be worth by the year. Cap. ix.  
¶ Of free tenants/ the which dwell without as well as within. etc. Cap. x.  
¶ Who be free tenants and what lands and tenements & what fees they hold and by what service/ whether by soccage or by knight service or other manner/ and what rent of Assize they give by the year/ & who holdeth by chartoure and who by Ancient demeyne/ and who by new feoffment. Cap. xi.  
¶ Of surrenders/ and divers manners of making of copies. etc. Fo. xiiii.  
¶ The oaths of all manner of officers genally. fo. xx.  
¶ Of divers manner of rents. etc. Fo. xxi.  
¶ Of those free tenants that sew in the court of the county and who seweth not/ and how moche falleth to the lord after the decease of such tenants. cap. xii.  
¶ How many customary tenants there be & how much every of them holdeth/ and what works and customs they do/ and what the works and the customs of every tenant is worth by the year/ & how moche rend every of them payeth/ over the customs and works. etc. Cap. xiii.  
¶ Of cotyers'/ what Cottages and curtylages they hold and by what service/ and how moche rent they pay by the year. Cap. xiiii.  
¶ Of perquesytes' or profits of counties/ of courts/ and of forests/ what they be worth. Cap. xv.  
¶ Of churches that belong to the gift of the lord/ how many there be and where they be/ and what every church is worth. Cap. xvi.  
¶ What the herryottes be worth/ the feyres'/ exchetes/ customs/ services/ and foreign work: The pleas and perquesytes of the courts/ fines/ relefes/ and all other things that may fall to the lord by the year. Cap. xvii.   
¶ Explicit capitula statuti.   


OF divers manners of taking and doing of homage and fealty. Cap. xviii.  
¶ What a surveyor should do. Cap. nineteen.  
¶ How a man should view/ butt and bound/ the manner and the townshyppes. Cap. xx.  
¶ How to but and bound the fields. Cap. xxi.  
¶ How to but & bound the meadows. Cap. xxii.  
¶ How to butt and bound pastures. Cap. xxiii.  
¶ How to amend errable land. Cap. xxiiii.  
¶ How a man should mend his meadows. ca xxv.  
¶ How to amend and make better divers manner of pastures/ and first of low ground like meadow ground. Cap. xxvi.  
¶ How to amend lay ground that hath been errable land of late. Cap. xxvii.  
¶ How to amend bushy ground and mossy/ that hath been errable of old tyme. Cap. xxviii.  
¶ How to amend bushy ground that was never errable land. Cap. xxix.  
¶ How to amend wood ground/ that lieth in several pasture. Cap. thirty.  
¶ How to amend gorsty ground that hath been errable land. Cap. xxxi.  
¶ How to amend gorsty ground that was never errable land. Cap. xxxii.  
¶ How to amend broom ground. Cap. xxxiii.  
¶ How to amend height ground. Cap. xxxiiii.  
¶ How to amend mars ground. Cap. xxxv.  
¶ How to amend bromy ground & ferny. ca xxxvi.  
¶ Of chylturne ground/ flyntie ground/ & chalk ground. cap. xxxvii.  
¶ Of lime stone ground. Cap. xxxviii.  
¶ What profits may come or grow to the lord by reason of his waters. cap. xxxix.  
¶ Of divers manner of mylnes. cap. xl.  
¶ How to make a towneshippe that is worth twenty mark a year worth twenty pound. cap. xli.    
¶ Finis.   

¶ Tho. Berthelet to the readers of this little book.  

REde this book/ with the other of husbandry  
And ye shall find them very profitable  
Good/ behoveful/ and much necessary  
To my mind they be right commendable  
It is not a jest/ a tale/ nor a fable:  
It is such matter (ye may believe me)  
As noble clerks wrote/ in old antiquity.   

¶ The worthy Caton/ that excellent roman  
Columella/ Varro/ and Vergilius  
Of husbandry to write/ had in no disdain  
Nor many other/ eloquent and famous  
Thought it not a thing inglorious  
Such matter to write/ whereby they might advance  
The common wealth. And their country enhance.   

¶ But in our days/ some are blinded so withfolly  
That they count husbandry/ but a thing right vile  
Some had leaver write of love. ye of bawdry  
Than to so good a matter turn their style  
Fond pleasure and pride do them so beguile  
That sloth wandereth about in every way  
And good business is falling in decay.   

¶ yet nevertheless/ good labour to call again  
In wealthy business/ men to exercise  
This worthy man/ nobly hath done his pain  
I mean him/ that these said books did devise  
He showeth to husbands/ in right frutefulwyse  
The manifold good things/ in brief sentence  
Which he hath well proved/ by long experience.   

¶ And this I leave him/ in his good will & mind  
That he beareth/ unto the public weal  
Would god noble men/ could in their hearts find  
After such form/ for the commons health to deal  
It is a true token/ of high love and zeal  
When he so delighteth/ and taketh pleasure  
By his busy labour/ men's wealth to procure.   
¶ Finis.   

¶ The prologue of the author/ for the declaration of this present treatise.  
SAlomon sapienty Primo. Omnis sapientia virtus/ honour/ dignitas/ et queque scientia a dno deosunt. That is to say: all wisdom virtue/ honour/ dignity/ and cunning/ be of our lord god. Than sith almighty god our redeemer & creator/ by high wisdom/ goodness/ lyberalite/ and providence/ in this transitory world and miserable life: Hath ordained divers estates and degrees in his people & creatures/ and some of them: aswell hath endowed with ghostly and heavenly wisdom and distynke graces/ as with great honour/ possessions/ and richesse with great gifts & graces/ aswell spiritual as temporal. His high commandment/ chargeth every person that is partaker of the said gifts or graces/ charritably and discreetly/ the same to distribute and divide among his poor creatures/ That every poor person that is willing to labour duly for his living/ may have thereby convenient help and susteynaunce. And in as much as the great estates/ ruler's and governors of this realm/ whom our saviour hath so largely and bountuously rewarded/ with all such gifts/ possessions/ and richesse: have according to his pleasure and commandment/ demysed/ distribute/ and granted to the creatures of god. and to their fermours and tenants/ their several possessions and inherytaunces/ reserving to them for the same certain rents/ customs/ and services/ to sustain and uphold their honours and estates/ as to them appertaineth/ according to their high gifts and graces/ wherewith they be so largety endowed. And for the great zeal/ love/ and comfort that I bear to the said fermours and tenants/ and to all other god's creatures: that they may more surely/ easily and profitably increase and sustain their poor household/ wives/ and children: and also truly to pay their rents customs/ and services unto their lord and the honours of their fermes and tenauntryce. Of late by experience/ I contrived/ compiled/ and made a treatise for the same poor farmers and tenants/ and called it the book of Husbandry: the which me seemed was very necessary for husband men that use tillage/ & for many other of divers degrees and occupations. And where as in the prologue of the said book I demanded and asked a question/ and that was this. Whereunto is every man ordained as plainly it doth appear in the prologue of the same In like manner in the prologue of this treatise/ the which I intend by the sufferance and help of our lord jesus/ to contrive/ compile/ and make to the profit of all noble men and women both spiritual & temporal/ I demand another question/ and that is this. How & by what manner/ do all these great estates and noblemen and women live and maintain their honour and degree? and in mine opinion/ their honour and degree is upholden and maintained/ by reason of their rents/ issues/ revenues/ and profits that come of their manners/ lordships/ lands & tenements to them belonging. Than it is necessary to be known/ how all these manners/ lordship's/ lands/ & tenementis should be extended/ surveyed/ butted/ bounded/ and valued in every part: that the said estates should not be deceived/ defrauded/ nor dish ryted of their possessions/ rents/ customs/ and services/ the which they have to them reserved/ for main teynaunce of their estates and degrees. And that there be no parcel thereof lost nor imbeselde/ and than may the lord of the said manners/ lordships/ lands/ and tenements/ have perfit knowledge where the landelyeth. What every parcel is worth/ and who is his freeholders/ copyeholders/ customary tenant/ or tenant at his will. And what rents/ customs/ and service he ought to have of them/ with many moartycles/ as here after shallbe declared. Wherefore it is necessary that every great estate/ both men & women of worship/ that have great possessions of lands and tenements/ should have a Surveyor that can extend/ but/ and bound/ and value them. And thereof to make a book in parchment/ bearing a certain date/ after the manner & form as I shall make an intytuling/ and to amend it where he seemeth convenient. Quia facilius est addere quam de novo facere. That is for to say/ It is lighter to add/ reform/ or correct/ than for to make new and perfit. And the Surveyor to leave the said book made by him with his lord in manner of a register/ whereunto the same Surveyor or another office/ may always have resort/ when need shall require to look upon. And that book so truly made/ may be a register and sure evidence: that the lord/ his freholder/ copy holder's/ nor tenants/ shall never lose lands nor rents/ customs/ nor services: but every man that readeth the book/ shall perfitly know where the lands lie/ whose it was at the day of the making of the said book/ and whose it is. Than if the owner make a true pee/ degree/ or conveyance/ by discente or by purchase unto the said lands or lordships. and specially if the names of the lords and tenants that occupy/ might be renewed once in forty or threescore years. for than it would be as a perpetual and sure evidence for ever/ to put away all strife and variance between lord and lord/ lord and tenant/ tenant and tenant/ in good quietness & peace. But of one thing I pronounce and declare/ and take god to my record: that I make this book all only/ to th'intent that the lords/ the freholder nor their heirs should not be disheryt/ nor have their lands lost nor imbeselde nor encroached by one from another/ and to non other intent. And for that I advertise and exhort on god's behalf/ all manner of persons as well lords as other. That when the lord or freeholders/ know where their lands lie and what every pasture or ꝑcell is worth by the year. That the lords nor the owners thereof do not heyghten their rents of their tenants / or to cause them to pay more rent or a greater fine/ than they have been accustomed to do in time past. For as me seemeth/ a greater charity nor alms deed a man may not well do/ than upon his own tenants. And also to the contrary/ a greater bribery nor extortion a man can not do/ than upon his own tenants/ for they dare not say nay nor yet complain/ and therefore on their souls go it that so do and not on mine. peraventure the lord will say it is not his deed it was his surveyors/ but that can not be so for saint Augustyne saith. Qui ꝑ alium facit per seipsum facere videtur. That is to say: he that commandeth another man to do a thing he doth it himself. And there be two princypals in one act doing and also he saith. Consenscientes et agentes pari pena puniantur. That is to say/ the consentours and the doers shall be like punished. at grammar school I learned a vers and that is this. Dum poteris quid vis possis cognoscere quid sis. That is to say/ when thou mayst do what thou wilt/ thou mayst know what thou art. that is to wit/ good or evil. But for a ground of this treatise the which I do note/ and call it the book of Surueing and of improvementes/ I do take an old statute named Extenta manerii/ as a principal ground thereof: as hereafter ensueth.  
¶ Explicit.   

¶ Of castles and other buildings/ what the walls/ timber/ stone/ lead/ sclate/ tile/ or other of coverings is worth: aswell within the walls as without. And also of gardens/ curtylages/ dovehouses/ & all other profits be worth by the year. etc. Capitulo primo.  
INquirend est de castris et etiam aliis edificiis fossatꝭ circumdatis quantum muri et edificia ligna et lapidia/ plumbo/ & alio modo cooperta valent et pro quanto appreciari poterunt scdm verum valorem eorumdem murorum et edificia. et quantum edificis extra fossatis appreciari possunt/ et quantum valeant una cum gardinis/ curtilagiis columbar/ et omnibus aliis exitibus cur per annum. This is to say in english. It is to be inquired of castles/ and also of other buildings dyched about. What the walls/ the byldinge/ timber/ stone/ lead/ and other manner of covering is worth. And how they may be sold/ after the very value of the same walls and building. And how much the bildinges without the dyche may besolde for/ & what they be worth/ with the gardens/ curtylages/ dovehouses/ and all other issues of the court by the year. To the declaration and constructyon of this statute/ me seemeth there aught to be made a distynction/ for the statute goeth generally. De castris et aliis edificiis fossatis et circundatis et extra fossatis. These words go aswell to those castles and other buildings that be well upholden and inhabited/ as well as of those that be fallen in decay and not inhabited/ & to those that be inhabited. It is not necessary to be extended nor valued in any parcel/ For let a man make a castle/ tower/ or any manner of new buildings and finish it clearly/ if he should go take it down/ and sell every thing by itself again/ he should lose the more half of his money. And therefore in mine opinion/ this statute was made soon after the barons war/ the which ended at the battle of Euessham or soon after/ in the time of king Henry the third/ where as many noble men of blood were slain and many fled/ that afterward were attainted for the treason they died to the king. and by reason thereof/ their castles and manners were seized in to the kings hands. And so for want of reparations/ the castles and the manners fell to ruin and in decay. And when the king and his counsel saw that/ they thought it was better to extend them and make the most profit that they could of them/ than to let them to fall to the ground/ and come to no man's help and profit. Wherefore king Edward the first ordained this statute to be made the fourth year of his reign/ wherein is contained many & divers chapters and articles/ the which at that time was but instructions/ how & what they should do/ that were commissioners or surveyors in the same.  
¶ First it is most necessary & convenient to retail and to sell every thing by itself/ and not all in gross some to one man & some to another. For that that is good for one man is not good for another: and every thing to be praised and sold by itself/ that is to say The stone wall of one house by itself/ the timber of the same house by itself/ the covering by itself/ the tile/ sclate/ or lead by itself/ the glass by itself. the iron were/ as bars/ bands/ hooks/ bolts/ staples or latches/ and all such other by themself: doors/ windows/ boards/ and all other things by themself/ and to go fro house to house & sell every thing by itself/ and than shall the true value be best known. And it is convenient that these things be offered to be sold to divers men and to see who will give most/ and specially to sell when men desire to buy. Also to value what the grass of the gardens/ curtylages/ courts/ and house places/ that be within the duchess or without be worth by the year. A curtylage is a little croft or court/ or place of easement to put in cattles for a time/ or to ley in wood/ coal/ or timber/ or such other things necessary for household. Also to value the profit of the dove-house if any be there/ if it be replenished with doves.   

¶ How many fields are of the demeynes/ and how many acres are in every field/ and what an acre is worth by the year. etc. Cap. secundo.  
ITem inquirend est quot campisunt in dnico & quot acre sunt in campo et quantum valet qlibet acra ꝑ se per annum. It is to be inquired/ how many fields are of the demeyns and how many acres are in every field/ and what every acre is worth by the year. This is a light letter and needeth but little declaration/ for by these words/ quot campi sunt in dnico. It must needs be taken of fields that be in tillage or ploughing/ but it would be understand/ whether the demeyne lands lie in the common fields among other men's lands/ or in the fields by themself. And if they lie in the common fields/ it is convenient that they be plowen and sown/ and than is not an acre so much worth as & it were in severalty enclosed or in several pasture. For & the field be enclosed about/ than it is at the lords pleasure whether they shall lie to pasture or to tillage/ and though it lie in tillage/ yet hath the lord the Edysshe and the aftermathe himself/ for his own cattles. And therefore an acre is at the more value/ and if it lie in pasture the pasture may be such/ that it is at double or triple the value of the errable land. Wherefore the acres are to be praised according/ and if they lie by great flats or furlongs in the common fields/ it is at the lords pleasure to enclose them and keep them in tillage or pasture/ so that no nother man have common therein.   

¶ How many acres of meadow are of demeyns and how much every acre is worth/ and to what manner of cattles it is most necessary unto and how many beasts it will find/ and what the pasture of a beast is worth by the year. Cap. iii.  
ITem inquirendum est quot acre parti sunt in dnico et quantum quelibet acr valet ad locādū per se per annum et adcuiusmodi bestias et anima lia pasture illa fuerit magis necessaria & quot et quales possit sustinere/ et quantum valet pastura cuiuslibet bestie et ainalis ad locandum per annum. It is to be inquired/ how many acres of meadow are of the demeyns and how much every acre is worth to set by the year/ and to what manner of beasts or cattles it is most necessary unto/ and how many it will find and of what manner/ and what the pasture of one be'st is worth by the year. And in mine opinion/ it would be understand whether the meadows or pastures lie in the comen meadows or comen pasture/ at large/ or in severalty: For and it lie at large in the comen meadows/ an acre is no better worth than the grass that the hay is made of is worth/ for after/ it is comen and of little value. And if it lie in severalty/ it is worth half as much again as the grass was worth. And that high ground and dry/ is most convenient for sheep/ wood ground and bush for beasts and specially in winter tyme. Low grounds/ meadow grounds/ and marsshe grounds for hay & after for fat cattles/ and in winter for horses and mares/ and mean grounds that is both hilly and dalye as lay and low grounds/ is good for all manner of cattles if the grass be good and fine/ and specially for fat cattles or fat sheep/ horses/ mares/ and young colts/ for that grass that one manner of cattles will not eat another will. And therefore it is good to have a large close/ the divers manner of cattles may go together in it/ and to know what a beasts grass is worth by the year/ that is as the pasture is that he goeth in is worth/ and not over charged with cattles and the fineness of the grass and the goodness of an acre. For some acre of ground is not worth a penny by the year/ and some acre is worth xl pens/ and so a beasts grass may be dear enough twelve pens in the year/ and it may be worth xl pens or five shillings/ and a horse grass or a mare grass may be dear enough twelve pens or twenty pens by the year/ and it may be worth five shillings or a noble/ according to the goodness of the pastures. But how these manners/ lands/ meadows/ and pastures/ shall be viewed/ butted/ bounded/ and valued/ shall be rehearsed after the statute be ones declared.   

¶ Of foreign pastures that be comen/ how many and of what manner of cattles the lord may have in the same/ and what the pasture of a be'st is worth by the year. Cap. iiii.  
ITem inquirend est de pasturis for inficis que est communis quot & quas bestias ainalia dominus habere possit in eadem et quantum valet pastura per annum et locand. It is to be inquired of foreign pastures that is common/ how many and what beasts and cattles/ & what the lord may have in the same/ and what the pasture of a be'st is worth by the year to set. This is a dark letter to be well understand without a better declaration/ for where he saith/ De pasturis forinficis que est communis. That may be understand three ways: for there is in many towns/ where as their closes and pastures lie in severalty. There is commonly a common close taken in/ out of the comen or fields by tenants of the same town/ for their oxen or kine or other cattles/ in the which close every man is stinted and set to a certainty/ how many beasts he shall have in the same/ & of what manner of beasts they shallbe. And if the lord shall have any cattles therein he should be put to a certainty and of what manner of cattles/ and this pasture may be well valued/ And also the beasts grass what it is worth therein. But than it ought to be showed how many acres be contained in the said pasture/ and what every acre is worth one with another. Another manner of common pasture/ is most commonly in plain champion countries: where their cattles goeth daily before the herdsman/ and lieth nigh adjoining to their common fields/ and it may lie in two or three places or more. & in these it is also convenient that every man be stinted to a certainty/ either by yards/ lands/ oxganges rents/ or such other customs as the tenants use/ and the lord in like manner. These comen pastures may be extended how many acres be in every parcel by itself/ and what an acre is worth by itself/ but it can not be so well known what a beasts grass is worth yearly/ for they lie most commonly with the fallow fields/ & some fallow fields is better than some and so a beasts grass may be better or worse. The third manner of comen pasture/ is in the lords out woods that lie comen to his tenants/ as comen moors or hethes/ the which were never errable lands. In these manner of commons/ me seemeth the lord should not be stinted nor set at no certainty/ but put his cattles upon such manner of comen pasture at his pleasure/ because all the whole comen is his own/ and his tenants have no certain parcel thereof laid to their holdyngꝭ/ but all only bit of mouth with their cattles/ and it were again reason to a bridge a man of his own right. But his tenants and every man's tenants/ me seemeth aught of right to be stinted what every man ought to have going upon all manner of commons/ for else would the rich men in the beginning of Summer byeshepe and other manner of cattles and eat up the commons/ and sell them again at winter/ or put them in their pastures that they have sparedde all the Somerr/ and so overpress the poor men that have no money to buy nor able to reyre.   

¶ Of parks and demeyne woods/ the which the lord may assarte and to do his profit/ & how many acres they contain and what the vesture of an acre is worth/ and what the ground is worth when the vesture is fallen. etc. Cap. v.  
ITem inquirendum est/ de parcis et dni cis boscis/ que ad voluntatem suam possunt assertare/ et excolere et quot acre in se continentur. Et quantum vestura cuiustibet acre possit appciari/ et quantum fuudus in se contineat et valeat quando prostratus fuerit/ et quantum valeat quelibet acra per se per annum. It is to be inquired/ of ꝑkes and of demeyne wood/ the which at the lords will may be asserted and plucked up or fallen down/ And how many acres are contained in them/ and for how moche the vesture of every acre may be sold/ and how much the ground in himself containeth when the wood is fallen/ and how much every acre is worth by itself by the year. This is to be understand/ of parks and demeyne wood that be inseveraltie/ whereof the lord at his pleasure/ may assert/ stock up by the roots or fall by the earth/ plough and sow to his most profit as he will/ And how many acres of wood are contained in the same. For in a park or wood may be two hundred acres and more/ and yet not past a hundred acres thereof wood/ little more or little lass/ and what the vesture/ that is to say/ the wood of every acre is worth by himself/ for one acre may be worth. xx.s. or. xl.s. and another acre dear enough. ii.s.vi.ss. or. x.s. and how moche the whole ground containeth when the wood is fallen/ And that is to be understand/ all the ground within pale or hedge/ aswell the launde ground as of the wood ground where the wood growed/ and what every acre is worth by the year/ as well of the one manner as of the other.   

¶ Of foreign woods where other men have comen/ where the lord may improwe himself thereof and of how many acres/ and what the vesture of an acre is worth/ & what the ground is worth when the wood is fallen/ and how many acres they contain/ and what an acre is worth. Cap. vi.  
ITem inquirendum est de boscis forinsicis ubi alii conicant/ quid de eisdem boscis dominus se possit approiare/ et de quot acris et pro quanto vestura cuiuslibet acre communiter possit appreciari/ et quantum fundus valet postquam prostratus fuerit boscus/ & quot acre iste contineant/ & quantum quelibet acra valet ꝑ annum. It is to be inquired of foreign woods/ where they & other comen together/ & what of those woods the lord may improwe himself & of how many acres/ & for how much the vesture/ that is to say/ the wood of every acre may be sold/ & how much the ground is worth after the wood be fallen down/ & how many acres it containeth/ & what every acre is worth by the year. The declaration of this statute is doubtful/ because of the none certainty thereof/ what is sufficient comen. for it is clearly ordained by the statute of Moreton/ and after confirmed by the statute of Westmynster second. That the lord shall improve himself of their wastes/ whereby is understand of their comen moors/ heaths/ and wastegrounds/ as well as of woods. Though the statute speak but of woods only leaving their tenants sufficient comen/ the which in mine opinion be those tenants that have comen appendent/ and hold their lands of him. It is necessary to be known what is sufficient of comen/ and that me seemeth by reason should be thus. To see how moche cattles the hay and the stray that a husband getteth upon his own tenement/ will find sufficiently in winter/ if they lie in house and be kept therewith all the winter season/ for so much cattles should he have comen in Summer/ and that is sufficient. ye shall understand that there be four manner of commons/ that is to wit: comen appendent comen appurtenaunt/ comen in gross/ and comen percase vicynage. s. neyghbourshepe. comen appendent/ is where a lord of old time hath granted to a man a meseplace/ and certain lands meadows/ and pastures with their appurtenances to hold of him. To this meseplace/ lands/ and meadows belongeth comen/ and that is called comen appendent. But and a man grant to another certain lands or pastures/ the which lie in severalty enclosed with the appurtenance in fee/ to hold of the chief lords. To these lands me seemeth belongeth no comen/ without he have such special words in his deed. comen appendaunt/ is where a man hath had comen to a certain number of beasts or without number belonging to his meseplace in the lords wastes/ this is comen appurtenaunte by prescription/ because of the use out of time of mind. comen engross/ is where the lords have granted by their deeds/ comen of pasture to a stranger that holdeth no lands of him/ nor aught to have any comen/ but by reason of that grant by deed. Now the lords may not improve himself of any parcel/ for it is contrary to his grant/ though there be sufficient of comen. And in like case/ if the lord grant comen to a man by deed/ and to limit him a certain number of beasts. See what was comen at that time and of that the lord shall not improve himself/ for and he should/ the goodness of the comen to that certain number should be abridged that they should not far so well/ and every man's deed shall be taken strongest against himself. And in like manner/ if the lord grant a man comen with his cattles/ within certain meyres/ limits/ & bounds/ the lord shall not improve himself/ within those meyres and bounds. comen per cause de vicynage/ is where the waste ground of two towneshippes lie together/ and neither hedge nor pale between to keep their cattles a sunder/ so that the cattles of one towneshyppe goeth over his meyre or bound in to the waste ground of the other town/ and likewise the cattles of the other townshyppe to them. And also if their comen fields lie together unclosed/ in opyn time when harvest is in their cattles will go out of the one field in to the other field/ and this is called commons/ because of neyghbourshyp/ and is not used nor lawful to pin their cattles so going/ but in good manner to drive and chase beside such comen. And as for that manner of commons/ me seemeth the lord may improwe himself of their waste grounds/ leaving their own tenants sufficient comen/ having no regard to the tenants of the other towneshyp. But as for all errable lands/ meadows/ lay/ and pastures/ the lords may improwe themself by course of the comen law/ for the statute speaketh nothing but of waste grounds. And ye shall understand/ that howbeit that a lord may not improwe himself of his waste grounds/ yet may he lawfully fall and sell all the wood/ broom/ gorse/ fyrs/ braken/ fern/ bushes/ thorns/ and such other/ as free stone/ lime stone/ chalk/ turfs/ clay/ sand/ lead/ ore/ or tin/ to his own use: for the tenants may have nothing by reason of comen/ but all only bit of mouth with their cattles. And ye shall know/ that swine and Geese have no comen/ but by sufferance/ without special words in their charter. Also the lord shall have his free warren/ for all manner beasts & fowls of warren in his waste grounds/ as well as in his several grounds. and as long as the beasts or fowls of warren be upon the lords ground/ they be the lords if he have warren/ and the lord may have an action of Trespass against any man that chaseth or killeth any of them in his comen/ as well as in his several. And if they go or fly out of the lords warren/ than is the propertie changed/ and the lord hath lost his action for taking of them when they be out of his warren/ without they come in to his warren again. there is no man hath warren but by special grant of the king by charter/ except it have been used time out of mind/ and allowed before justice in heir. And as for the articles contained in this present chapter the letter thereof is plain enough/ and also touched before.   

¶ Whether the lord may give or sell the residue of his foreign woods/ and what such gift or sale is worth by the year. etc. Cap. seven.  
ITem inquirendum est/ utrum dominus de residuo boscorum predictorum/ forinsicorun dare possit/ et quantum valet huius donationis et venditionis per annum. It is also to be inquired/ whether the lord may give or sell the residue of his foreign woods aforesaid and what such gift or sale is worth by the year. This letter is plain enough/ and as me seemeth no doubt/ but that the Lord may give or sell the residue of the said woods or wastes/ Except that a man have comen of Estovers/ But what that gift or sale is worth. it is to be understand and known and as me seemeth the donee or the byoure/ shallbe in like cause as the lord should have been if he had not given it nor sold it. Than the lord hath improved himself of as moche woods and wastes as he can lawfully and when he hath given or sold the residue of that he can not improve himself of. in like manner the donee nor the byour can not improve themself of any part thereof/ For they can not be in no better case/ than he of whom they had it. how be it that they that of right aught to have their commons be not their tenants/ but their title and interest grew by inheritance/ long time before the gift or sale made by the lord. And it followeth by reason/ that the gift or sale of a stranger shall not hurt another man's inheritance. But this donee or this purchasoure/ shall take to their profit all the vesture standing upon/ or being with in the said ground/ as woods and such other: as is said before in the next chapter.   

¶ Of panage and herbage of the town/ and of all other profits of pools/ meyres'/ and running waters/ of moors/ heaths/ and wastes/ what they be worth by the year. etc. Cap. viii.  
ITem inquirendum est de panagio herbagio ville/ et omnibus aliis exitibus viuariorū morarum bruerum et vastorum quantum valent per annum. Also it is to be inquired/ of panage herbage of the same town/ and of all other profits of poles/ meyres'/ and running waters/ of moors/ heath and wastes/ what they be worth by the year. And where this Statute speaketh/ de panagio/ that is to be understand. when there is any mast growing in the lords woods/ whereby men's swine may be fed and relieved/ what profit that may be to the lord. For there is no man that can claim of right/ to have the mast the which is a fruit/ but the lord: except his free tenant have it by special words in his deed. Quod sit quietus de panagio. And the lord shall have it in his foreign out woods/ as well as in his parks or several woods/ & as the quantity of the mast is/ so the lords bailiff of right aught to lay men's swine thereunto from Myhelmas to Martylmas/ and to make a true account thereof at the lords audyte/ what he taketh for every swine. And in many places the tenants go fro panage in the foreign woods by custom/ & that is most commonly where as the tenants pay tack swine by custom/ if he have to a certain number/ or else to pay yearly at michaelmas i d. or an halfpenny for every swine/ as the custom is used. The statute speaketh/ De herbagio ville. That is to be understand of the comen pasture that belongeth to the town/ whereupon the herdman keepeth the tenants cattles/ It may be so good that the tenants need not to have any several pasture/ but that their comen pasture should be able to find all their cattles/ both horses/ mares/ beasts/ and sheep/ and so it was of old time that all the lands/ meadows/ and pastures/ lay open and unclosed. And than was their tenements much better cheap than they be now/ for the most part of the lords have enclosed their demeyne lands & meadows/ and keep them in severalty/ so that their tenants have no common with them therein. And also the lords have enclosed a great part of their waste grounds and streytened their tenants of their commons therein. and also have given licence to divers of their tenants to enclose part of their errable lands/ and to take in new intackes or closes out of the commons/ paying to their lords more rend therefore so that the comen pastures waxed lass/ and the rents of the tenants waxen more and more. And that is because the tenants waxen more politic in wisdom to improve their tenements/ holdynges/ and fermes: and at th'end of the firm/ another man that made no cost of the said improvement/ offereth the lord certain money for a fine to have it or to heghten the rent of the same/ so that he that made the cost or his children shall not have the said firm/ without he will give asmuch or more as is offered to the lord/ and so thorough the envy of his neighbour & the covetousness of the lord and his officers/ the poor tenant hath a great loss or else utterly undone/ god amend it. And the lords have a greater loss than they ween for their tenants see how their neyghburs that have builded their houses/ improved their lands & be put out except he make a fine or pay more rend. Causeth than neither to build nor otherwise to improve their holdinges/ to the lords great loss at length. And where the statute saith/ de oimbus aliis exitibus vivariorun morarun bruerun et vastorum. & of all profits that shall come of the lords standing waters/ moors/ heath & wastes. vivarium is a pole or a meyre that fish increaseth & liveth in. Some rynning waters be as free & several to the lords/ as their pools/ meyres'/ or standing waters. And as they be stored with fish/ so doth the profit rise to the lords/ whether they go by way of improvement or set to farm: whereof the bailie shall make account. Moors/ haveth/ and wastes/ go in like manner as the herbage of the towns/ for the lords tenants have comen in all such out grounds with their cattles/ but they shall have no wood/ thorns/ turfs/ gorse/ fern/ and such other/ but by custom or else special words in his charter. etc.   

¶ Of mylnes/ several fysshinge/ and comen fishing/ what they be forth in the year. Cap. ix.  
I Item de molendinis/ piscariis seperalibus/ et conibus quantum valent. Also of mylnes/ several fysshinge/ & comen fysshingꝭ/ what they be worth. In this short article many things are to be remembered/ for where he saith de molendinis/ the which is in the plural number/ it is to be understand/ that there be many manner of mylnes as cornemylnes/ wyndmylnes/ horsemylnes/ & quernes that go with hand. Fullyngmylnes'/ sith mylnes/ cutlersmylnes/ smethymylnes/ & all such other as the wheel goeth by drift of water to blow the bales or to dray any water like a pomp/ as there be in Cornwall and divers other places. Though they be no mylnes properly to grind corn/ yet it is a perfect to be lord/ the which a surveyor may not forget to put in his book and to but and bound them as they lie/ and who be the fermours and what rents they pay. And to the cornemilnes to the most part of them belongeth Socone/ that is to say/ custom of the tenants to grind their corn at the lords miln/ & that is as me seemeth/ all such corn as groweth upon the lords ground that he spendeth in his house. But and he buy his corn in the market or other places/ he is than at liberty to grind where he may be best served/ that manner of grinding is called love Socone/ and the lords tenants be called bond socon. And if they grind not their corn at the lords miln/ the lord may amerce them in his court/ or else he may sue them at the comen law. De secta molendim facienda. But when he shall make his declaration in the debet and when in the solet/ I remit that to men of law that have experience thereof. It is also to be known how the toll should be taken/ but there be so many divers grants made by the lord/ some men to be grounden to the twenty part/ and some to the xxiiii part/ tenant at will to the xvi part/ and bondmen to the xii part/ some men to be toll free/ and some to be hopper free/ that is to wit: that his corn shallbe put into the hopper and ground next to the corn that is in the hopper/ at the time of his coming. And in some place to take the toll after the strength of the water/ that followeth by reason. for that mylne that hath a big water and may drive a great broad stone/ the which will make moche more meyle/ than that miln that goeth with a little stone/ he is moche better worthy to have the more toll/ and yet shall the honer of the corn have the more profit. And so there be so many diversities of taking of toll/ that I will not take upon me to tell how/ but also to remit it to men of law to show the diversities. But doubt ye not/ the mylners will be no losers/ & of mylnes there shall more be spoken of in the chapter of waters/ among the improwmentes/ De piscariis seperalibus that is to be understand/ in the lords standing waters/ as pools and meyres: and also rynninge waters that be several/ as be very many in divers countries/ set to farm from one place of the river to another for certain rend/ and if any man fish in the lords pools or meyres/ the lord may have his action upon the statute of Westmynster prim̄. And if he fish in the rynning and several waters/ the lord may have his action at the comen law/ & in likewise the lords tenant/ if any man fish in his farm hold/ be it standing waters and rynninge waters: And where he saith/ de omnibus/ of comen fysshynges/ that is little profit to the lord but to his tenants/ except he dwell nigh the see/ and will cause his servant to fish there for him/ for that is the best comen water that any man can fish in. And somerynning waters be comen/ as little brooks/ and sytches/ and in some rinning waters/ the lords tenants have liberty by custom to fish with shovenettꝭ/ trodenettes/ small pytches/ and such other.   

¶ Of fire tenants/ the which dwell without as well as within. etc. Cap. x.  
ITem inquirendum est de libere tenentibus quibusque forinsecis et extrinscicis. Also it is to be inquired of free holder's/ the which dwell without aswell as within. By this letter it is to be vnderstan●e/ that a free holder may dwell out of the precinct of the lords manner/ and yet hold his land of the said manner▪ For one manner may stretch in to divers shires/ as the honer of Tutebury/ Walyngeforde/ Pountfrette/ Tyckell/ and such other: And in that cause the lord of the honer or manner/ may take a distress for his rents/ homages/ relives/ customs and services/ and to bring the same distress out of that shire where it was taken/ in to that shire where the manner is/ of whom these said lands be holden. And if the tenant will sew replevy/ the sheriff where the cattles is shall make and serve the replevy/ and not the sheriff where the goods or the cattles was taken/ nor return upon his replevy/ qd averia elongata sunt And the lord may have a free holder that holdeth his land of him/ & payeth him chief rents and other service/ and not by the reason of any manner. As thus/ a man purches a parcel of land before the making of the statute/ quia emtores terrarum. And give the same lands again to a stranger before the making of the said statute/ to hold of him by certain rent and service. This may be called a foreign free holder/ for it is no parcel of any manner/ and it is no manner itself▪ For to every manner belongeth two things/ that is to say● parcel in demeyne & parcel in service. That is lands in demyne belonging to the manner and service/ customs/ or rents/ & this free holder/ I spoke of before hath demeyne/ but he hath no service. Also a man may have both rent and service of a frehold/ and yet he holdeth not his lands of him that he payeth his chief rent unto. As and a man purches lands sith the making of the said statute/ and give it to a stranger/ reserving fealty and certain rent: this free holder holdeth his lands of the chief lord next above. and yet shall he pay his rents and services reserved to him that gave it to him/ & if the gift were in the tail and no remainder in fe ever/ now the reversion resteth still in the donor. I could speak more of the gifts & remainders/ but I remit them to men of law that be learned/ for it is not the matter that I intend to speak of. How be it/ it is very necessary for every Surueyoure to have insyght and experience of the comen law/ or else at some season he shall deceive his lord or his tenant/ & specially his own soul/ for saint Isodorus saith. Qd ignorantia crassa vel affectata non excusat peccatum. That is to say/ ignorance of cunning or of the faculty in him that taketh upon him as a master or teacher of the science or cunning/ excuseth not a man's offence. for every man that god gath send wit and reason unto/ is bounden to know/ whether he do well or evil. And therefore it is necessary/ that every man learn and do his diligence/ to know what he ought to do/ or he take upon him/ any such office or room.   

¶ Who be free tenants and what lands and tenements and what fees they hold and by what service/ whether by socage or by knight service or other/ and what rent of assize they give by the year and who holdeth by charter and who by Ancient demeyne/ and who by new feoffment. Cap. xi.  
ITem inquirendum est qui sunt liberi tenentes/ et qui et quas terras et tenementa/ et que feoda teneant/ et per quod seruicium/ utrum per soccagium/ vel per seruicium militare/ vel alio modo/ et quantum reddant per annum de redditu Assize/ et qui tenent per cartam/ et qui non/ et qui per antiquam tenuram et qui per nowm feoffamentum. Also it is to be inquired/ who be free tenants and what manner lands and tenements/ and what fees they hold and by what service/ and whether it be by socage or by knight service or of any other manner and what they yield by the year of rent of Assize/ and who holdeth by charter and who not/ and who by the old tenur/ and who by the new feoffment. It appeareth by this article/ that there be many manner of fire holds/ and hold their lands and tenements in divers manner/ and by many manner of rents/ customs/ and services/ as tenants in fee simple/ tenants in tail tenantis by copy of court role/ tenants by the courtesy/ tenants in dower/ and tenants for term of life by special grant/ and many other. And all these tenants may hold their lands by divers tenors/ customs/ and services: as by homage/ fealty/ escuage/ socage/ knight service/ grant sergentie/ petyte sergentie/ frank almoyne/ homage/ auncetrell/ burgage/ tenors/ and tenure in vyllenage. But to declare the diversity of all the tenors/ it would be to long a process/ & therefore I remit it to the first book of the comen law/ called the tenors. But the diversity of these tenors/ what rents/ fees/ customs and services/ the lord ought to have of his tenants can not be known but by the lords evidence/ court rolls/ rentayles/ and such other presydentes/ and specially by the original deeds of their tenants. And ye shall know/ that the lords may not distrain their tenants nor cease their lands in to their hands/ to cause their tenants to show their evidence/ whereby they hold their lands. But and the lord have any evidence/ rentayles/ or court rolls/ or any manner of rents/ customs/ and service that he hath not and can prove a possession of the same in his ancestors/ sith the limitation expressed in the statute of Westmynster second in the second chapter/ than he may lawfully distrain for the same. And than must the tenant show a discharge by sufficient writing/ and not by words/ or else to pay the same: for matter in writing/ may not be discharged by a new de parol. s. bare words. The statute speaketh/ qui tenent per cartam/ et qui non. The tenants in fee simple and the tenants in tail/ that have evidence and deeds made & sealed/ and possession delivered of their lords or by their attorney/ from one to another/ they hold their lands by charter/ be it new made or old. And also there be tenants in fee simple/ and tenants in tail/ that hold by no charter/ and those be tenants by copy of court role. As and a lord have a manner/ and within the said manner there is a custom that hath been used time out of mind/ that certain tenants within the said manner have used to have their lands and tenements/ to hold to them and to their heirs/ in fee simple/ fee tail/ or for tyme of life at the will of the lord/ after the custom of the manner. & such a tenant may not give nor sell his land by deed/ for and he do/ the lord may enter as in lands forfeit to him. For if such a tenant will give or sell such manner of lands to another/ he must surrendre the same lands in the lords court in to the lords hands/ unto the use of him that should have it: or in fee simple/ fee tail/ or for term of life. And he that shall have the land/ must come into the court and take it of the lord/ as here after followeth.  
AD hanc curiam venit I.B. et sursum reddidit/ in eadem curia unum messuagium. etc. in manus domini ad usum A. D. et hered svorum vel hered de corpore suo existentium/ vel pro termino vite sue. Et super hoc venit predictus A. D. et cepit de domino in eadem curia predictum messuagium. etc. habendum et tenend sibi et heredibus suis/ vel sibi & hered de corpore suo existentibus/ vel sibi ad terminum vite sue ad voluntatem dni secundum consuetudinem manerii/ faciendo et reddendo inde reddit seruicia consuetudines inde prius debita et consueta/ et dat dno de fine. etc. et fecit dno fidelitatem/ et ad missus est inde tenens. And these manner of tenants shall not plead nor be impleaded of their tenements by the kings writ but and they will implead each other for their tents they shall have their plaint made in the lords court/ after this form or this effect. A de B. querit versus C de D. de placito terre vcꝪ de uno messuagio decem acris tree tribus acris ꝑti. etc. cum pertin'. & shall make protestion to sue his plaint 〈◊〉 〈◊〉 nature of the kings writ/ of formdowne in dec 〈…〉 t the comen law/ or of the kings writ of assize of novel disseson/ or of assize of mortaunceter/ or of any other writ at the comen law. Plegii de prosequend GF. et GH. but how the declaration/ the answer/ replication/ & reioyndre should be made: and also in actions of debt/ detinue/ covenants/ trespass/ & such other/ I remit that to men of law that have expeience thereof. but one thing wot I well/ that many an erroneous process the stewardꝭ make in their court rolls. Wherefore men of honour and of worship/ and abbots/ priors/ and such other should make men of law their stewards/ & to cause them to exercise the office himself with his clerk/ sufficiently instructed by his master/ that there may be made due proves without favour/ bribery/ or extortion/ on pain of forfeiture of his office. But it is a comen use in some countries: that lords/ knights/ esquires/ and gentlemen/ that know but little of the law be made stewards/ and they come to the court or send their clerks/ that can as little law as their master or lass: but that he understandeth a little latin. And if there be a fine to make for a tenement/ house/ or close/ that is to be set: the steward shall have a reward for his good will/ that he may have it before another man/ and the clerk must have another reward for to entreat his master to the same/ so that the lords fine must needs be the lass/ or else the poor man shallbe at a great charge. Whereof speaketh Solomon/ prouerbiorum xvii Melius est parum cum justitia/ quam multi fructus cum iniquitate. It is better to have a little rightwisely/ than to have moche perfect wickedly. But now to my matter that I spoke of before/ there may be in one manner or lordship both charter land and copyelande/ and each of them well known from other/ & one man may have and hold them both. Also there be other tenants by copy of court role/ and is called tenants pearl virge. s. by the yard. And they be called so/ because when they would surrender their tenements in to the lords hands to the use of another/ they shall have a little yard in his hand by custom of the court/ & that he shall deliver unto the steward/ if he be there present/ or to the bailie or reave/ or to other two honest men of the lordship. And at the next court he that shall have the said lands shall take it in the court/ and his taking shallbe entered in the role/ and the steward or bailie as the customs is used/ shall deliver to him that shall have the land the same yard/ or another in the name of season/ & hath none other evidence but the copy of the court role & it may be made in fee simple for fee tail or for term of life/ And all manner of customs that be not again reason may be admitted and a lowed for a custom. And how be it that these manner of copy holder's have an estate of inheritance/ after the custom of the manner/ yet have they no frank tenement because of the comen law/ and therefore they be called tenants of base tenur. Mesemeth it were necessary and convenient/ to show divers diversities how copies should be made/ for fere lest every man that taketh upon him to keep a court/ hath not ꝑfitelye thexperience thereof/ as hereafter ensueth.  

¶ First of surrenders of lands holden by the yard.  
HE shall take a yard in his hand by th'end/ and deliver the steward the other end in his hand/ and say to the steward. Here I A.B. do yield up or surrender my lands that called D. the which I hold of this lordship at the lords will/ after the custom of this manner/ to the behove of johan Browne and his heirs.   

¶ How the steward shall deliver season.  
¶ The steward shall deliver him an end of the yard in his hand that shall have this land/ and he shall say thus to him. My lord granteth you season of this land that was A. B. the which ye have take here in the court to you and to your heirs/ to hold at my lords will/ after the custom of this manner/ and than he shall be sworn. etc.   

¶ The manner of the oath of the tenant.  
¶ I shall bear faith & truth to my lord of this manner/ as for the lands and tenements that I have taken of him/ and truly do and pay the suits/ customs/ rents/ and services that longeth thereto/ as for the term that I shall ocupy it/ so help me god. etc. and kiss the book & lay down i d. as the custom is.   

¶ How the copy should be made of lands holden by the yard.  
¶ Ad hanc cur dns concessit extra manus suas ꝑ I. F. capitalem sen suum TD. & M. uxori eius unum mess. et sex acr terre cum pertin' jacent apud B. quibus dns persenescallun suum concessit seisinam habend sibi et heredibus suis de dno per virgam ad voluntatem dni secundum consuetudinem manerii/ et daunt pro fine pro ingressu inde habendum prout patet in capite et fecit dno fidelitatem/ et admissus est inde tenens.   

¶ Another form for certain rend/ for all manner of service.  
¶ Ad hanc cur dns concessit per I.F. senescallun suum TB et M. uxori sue unum mess. sex acr terre ii acr prati/ et unam acram bosci cum pertin' prefatꝭ T & M. hered/ et assignatis suis ad voluntatem duni secundum consuetudinem manerii/ red inde annuatim dno/ et hered suis/ vel successoribus suis/ si dns sit religio sus. u.s.vi. d. pro omnibus et singulis seruiciis ad duos anni terminos videlicet. etc. equis portionibus/ et daunt dno define. etc. et fecit fidelit. The comen course is not to put in certainty all their rents/ customs/ and services/ in their copies. And that is in ancient demeyne/ and in all places where their tenants have their lands by copy to them and their heirs/ after the custom of the manner. for there they have or aught to have a customary role/ wherein is every man's land contained/ and what rend/ customs/ and services every man ought to pay and do/ and in many places/ their laws and their customs be put in writing/ and remeyn in their own keeping to put them in a readiness/ when need shall require. but & there shallbe made any new incrochmentes or intackis enclosed or taken in out of the commons/ or any mine new found/ as lead/ ore/ tin/ coal/ yrcuston or such other/ if a copy shallbe made thereof/ it is than necessary & convenient the rent thereof to be put in the copy/ for it is a new thing that hath not gone by custom/ and also it would be put in the customary role/ for this new approument may fortune to increase of rent or decrease in rent/ and therefore the rents must always be expressed. Also where a man hath a lordship/ wherein be many tenants that hold their lands of their lord by copy of court role for term of years or for tyme of life where they have no state of inheritance. In all such copies/ it is convenient that the rents be expressed in the same copies/ causa patet.   

¶ A recognition of a tenant what he holdeth of the lord.  
¶ Ad hanc cur venit R. T. coram S. E. senescallo huius manerii/ & cognovitse tener de domino unum messuagtum/ decem acras terre/ tres acras prati cum pertin' in L. voc. C. libere per cartam in socagio per redditum xii d. vel unam libram piperis/ et sectam cur bis per annum. Et etiam dictus RT. cognovit se tenere de domino alium messuagium cum crofto ad iacente/ et sex acras tree/ et. two acras prati cum pertifis/ ad voluntatem domini secundum consuetudinem manerii/ et per red duorum solidorum/ et fecit fidelitatem/ et admissus est tenens.   

¶ The form of a copy in ancient demeyne where the proclamations should be had.  
¶ Ad hanc cur tent ibidem tali die et anno. etc. venit A.B. filius et heres I.B. et sursum red in manus dni unum messuagium ten acr terr/ tres acr prati cum uno crofto in D. infra jurisdictionem huius cur ad opus OF hered/ et assign' suorum imperpetuu virtute barganie in eos fact. Et super hoc publica ꝓclamatio in ead cur fact fuit ꝙ si quis aliqd ius in seu ad eumdem messuag. terr prat et crofto/ vel in aliqua eorum parcella pretendere voluit/ vel haberet veniret et audiretur/ et nullus venit ad hanc cur/ per qd scdm consuetudinem manerii/ messu. predict terras prata et croft predict remanerent in manus dni/ usque ad tertiam proclamac super eo●dem fact/ et super hoc dies dat est partibus predictis essendi ad ꝓximam cur manerii pndicti/ ad audi end super inde iuditium suum super premissis/ et ad hanc cur tent ibidem tali die. etc. tam predictus AB quam predict OF venere/ et super hocscda proclamcio fact fuit super pmmissis/ qd si aliquis aliqd ius vel titulum ad predict mess. terr prata. etc. haberet aut pretenderet veniret et audi. ret. Et nullus venit et super hoc dies dat est partibus predictis essendi ad ꝓximam cur manerii predicti et ave diendi inde iuditium suum. Et ad hanc cur tent ibidem tali die. etc. tam predictus AB quam predictus EF. vener/ & super hoc tertia proclamatio facta fuit super premissis ꝙ si aliquis aliquod ius/ vel titulum ad predict messuagium terr prat et croft/ vel in aliqua eorum parcella haberet/ vel pretenderet/ veniret/ et audiretur: et nullus adhuc venit. Et super hoc dominus per IG. senescallum suum concessit seisinam de predict messuagio terras prat/ et croft cum eorum pertinenc prefato E. F. tenend sibi hered/ et assign' suis secundum consuetudinem manerii predict/ et dat domino de fine ad ingressum. etc. et admissus est inde tenens et fecit fidelitatem.   

¶ The form of a copy in ancient demeyne where the wife shallbe examined.  
Dale. ¶ Add cur tent ibidem tli die anno. etc. TB. de N et M. uxor eius hic in plena cur sola examinata et confess. sursum reddiderunt in manus dni unum messuagium et dinam bonatam terr/ ac unam quatro nam terre cum suis pertin' in N. predicta voc D. ad opus WC de O. unde accidit dno unum equum de herriotto. et super hoc venit dictus WC. & cepit de dno dict mess. etc. cum suis pertium habend et tenend sibi & anne uxor sue et her et assign' ipsius W. imperpetuu secundum consuetudinem manerii/ per red consuetudinem et seruic inde prius debit et consuet/ et daunt dno de fine pro ingressu habend dict mess. et ceteris premissis. etc. et data est eis seisinam et fecerunt fidelit.   

¶ Another form for term of life.  
¶ Ad hanc cur. etc. venit ID et I. uxor eius ipsa sola examinata coram senescallo/ et sursum reddiderunt in manus dni unum tentum cum pertin' in A. iac inter tenement IB. ex part orrient et tentum CD. ex part occident et abuttat super altam viam ex part australi et super gardinum EF. ex part boriali ad opus GH et I. uxoris eius ad terminum vite eorum et alterius eorum diutius viventis secundum consuetudinem manerii/ & dant dno de fine. etc. et fecerunt fidelit.   

¶ Another form upon condition.  
¶ Ad hanc cur. etc. venit IC. et sursum red in manus dni unum cotagium jacent. etc. ad opus ID. etc. tenend sibi et hered suis de domino ad voluntatem domini secundum. etc. sub conditionibus subsequentibus: vicꝪ si predictus ID. soluat aut solui faciat prefat IC. xl.s. ad fest vicꝪ. etc. proximo futuro post data huius curie ꝙ tunc presens sursum red sit in suo robore et effectu/ et si ipse defecerit in solutiōe solutio num predict in part vel into/ qd ex tunc bene licebit prefat IC. et assign' suis reintrare et rehabere predictum cotagium ista sursum reddic non obstante in aliquo et dat domino de fine/ et cetera. et fecit fidelitatem. et cetera. et admissus est et cetera.   

¶ Another manner of surrender made to the bailiff out of the court.  
¶ Ad hanc cur. etc. compertum est qd TC. extra cur sursum reddidit in manus I. D. ballivi in presenc. DR. et aliorum tenentium domini huius manerii/ hoc testante unam acram terre in G. quond WB. et opus X.z. cui dominus inde concessit seisinam tenend sibi et hered et cetera/ de seruic. etc./ et dat. etc.   

¶ Another form/ where the lord granteth a copy of his special grant.  
¶ Add cur apud D. tent ibidem tali die et anno. etc. preceptum fuit ballivo seisir in manu dni/ unum tenementum sive messuagium cum pertium IB. voc. E. eo ꝙ ipse alienaverit/ et vendidit dictum tentum cuidan IT ●ine licentia dni et inde respondebit domino de exitibus quousque. etc. et qd in ista eadem cur dominus/ ex sua gratia speciali concessit dictum tenementum cum pertin' prefato IB. cui dominus inde concessit seisinam habend sibi et hered. etc. de domino ad voluntatem secundum. etc. et dat. etc. et fecit et cetera.   

¶ Another manner for term of years/ where the lord shall keep reparation.  
¶ Ad hanc cur dominus per IF senescallum suum concessit IE. unum messuagium cum domibus superastantibus et adversas terras prata pascuas & pasturas cum sepibus fossatis/ et omnibus aliis suis pertin' voc A. habend et tenend sibi & assign' suis a festo sancti Michaelis archangeli proxino futuro post dat huius cur usque ad finem et terminum quadraginta annorum/ ex tunc proximo sequentium et plenary complendorum red inde annuatim. xx.s. ad duos anni terminos vicꝪ. etc. ꝑ equales portiones. Proviso semper qd durant termino predicto predictus dns inveniet meremium totiens quotiens necessarium fuerit dicto tenemento ad emendandum reperandum et sustinendum/ et dat domino define. etc. et fecit fidelit. etc.   

¶ Another manner/ where a man pretendeth a title/ and after releseth in the court.  
¶ Ad hanc cur tent. etc. compertum est ꝙ cum dominus per IF. senescallum suum/ ad cur tent apud C. tali die et anno. etc. concessit extra manus domini. AB. et hered suis unam peciam terre continentem circa tres acras terre sive plus sive minus habeatur quond TC in A. iacentem inter terram PQ ex part australi et terram RS. etc. habend etc. ad voluntatem domini secundum. etc. et postea venit quedam Alicia Bate coram prefato IF senescallo domini/ et pretendit habere titulum in predicta pecia terre/ et hic presens in cur remisit relaxavit et imperpetuu quietum clamavit prefato AB. et hered suis per licentiam domini totum ius suum et clamium/ que habet vel habuit vel in futur habere poterit in predicta pecia terre/ et in qualibet inde ꝑcella. Ita vicꝪ ꝙ ipsa Alicia nec hered sui/ nec aliquis alius nomine eorum aliqd ius/ vel clameum in predicta pecia terre de cetero exigere/ vel vendicare poterit/ sed ab omne actione juris vel clamei sint exclusi ꝑ presentes/ et dat domino. etc. et fecit. et cetera.   

¶ Another form/ where the heir is admitted to his land/ after the death of his father.  
¶ Ad hanc cur tent. etc. compertum est qd IB. obiit seisitus post ultimam curiam/ qui de domino tenuit sibi et hered fuis unam placean terr voc C. & inde obiit seisitus et dicunt qd RB. filius eius est proximus heres/ et plene etatis/ vel infra etatem vicꝪ xii annorum et in custodia. TW vel SB. frater eius/ vel consanguineus eius est proximus heres eiusdem IB et plene etatis/ et presence hic in cur petit admitti et admissus est inde tenens/ tenend sibi et hered suis de dno ad voluntatem scdm consuet. etc. et dat. etc. & fecit. etc.   

¶ Another form of lands tailed with a remainder over.  
¶ Ad hanc cur compertum est qd RB de A. ad cur tent apud E tali die et anno. etc. surrum red in manus domini unum tenementum et tres acras terre voc C ad opus RC filius eiusdem R et A uxor eius quibus dns concessit seisinam. Tenend sibi et hered de corporibus eorum legittime procreate. Et si predictus R et A uxor eius sine her de corporibus eorum legit time procreate obierint/ qd tunc predit terras et tennta cum suis pertin' remaneant rect her ipsius RB. Et modo curia ista informaretur per totum homagium qd predictus R et A. obierunt sine herede inter eos procreate et predictus RB. silit/ et super hoc venit IB. fratr et heres predict RB. et petit admitti et admissus est tenens. etc. et per licentiam domini prefatus IB. concessit predictum tenementum et terras/ que ei remaneant post mortem predictorum RB. et RC et A. uxor eius/ Remaneret WC et hered suis cui dominus inde concessit seisinam tenend ad voluntatem domini secundum. et cetera/ et dat. etc. et fecit. etc.   

¶ Another manner for term of life with divers remainders over.  
¶ Ad hanc cur venit RB et sursum reddit in manibus dni unum messuagium/ et octo acras terr customar voc A. ut dominus faciet inde voluntatem suam/ et dominus inde habetur seisinam. Et ex gratia sua speciali reconcessit predictum messuagium et terr prefato RB et I uxori eius durant vita reorum ita qd post eorum decessum dictum tenementum et terras remaneant B uxor A/ durant vita sua et post decessum ipsius B. predict terras & tenementa remaneant rectis hered ipsius R. B imperpetuum tenend eisdem RB et I uxori eius durant tota vita corum per virgam ad voluntatem domini secundum. et cetera/ in forma predicta saluo iur cuiuslibet/ et cetera/ et predictus R. et I. dant domino de fine/ et cetera/ et fecerunt fidelitatem/ et cetera.   

¶ A surrender out of the court/ and a remainder with a condition.  
¶ Ad hanc cur compertum est qd RF. languens in extremis sursum red in manibus B. R. extra cur per manus IH in presentia A. C. et B. D. tenentes huius manerii/ hoc testante unum messuagium cum pertin'. etc. ad opus A uxor predict R. F. tenend sibi per seruic inde debit secundum consuetudinem manerii/ pro termino vite sue ita ꝙ post mortem dicte A predict mess. remaneat I filio predict R. et A. either de coꝑe suo legittine procreate. Et si contingat I obier siue hered de corpore suo legittime procreate/ qd tunc predict messuagium remanere R. filio pndict R et A. & hered de corpore suo legittime procreate. Et si contingat predict R. obiere. etc. qd tunc predictum messuagium per executores utrumque eorum diutius vivent vendantur. et denerios inde receipt et provenient pro ainabus parent eorum et suorum in piis usibus/ et operibus caritativis in missis celebrandis et elemosinis distribuendis/ pro ut melius eis viderint expedir pro ainabus antecessorum et predecessorum suorum/ quibus dns inde concessit seisinam/ tenend in forma predict ad voluntatem dni secundum consuet manerii/ et daunt dno de fine. etc. et fecit fidelit. Et nota ꝙ si unus eorum obiit & heres eius sit infra etatem fidelitas respectuatur quousque ad etatem veniat.   

¶ A supplication to be exempt from all manner inquests and juries within the lordship.  
¶ Ad hanc cur venit RC. instant supplicando ꝓ ut ipse per plurima tempora transacta supplicavit. Et profert domino finem annualem nomine exemptionis nis ut ipse ex sua gratia speciali et favore ob causam senectutis infirmitatis et debilitatissue possit exono rare de cetero/ ab omnibus et singulis inquisitionibus iuramentis & offic quorumcunque: tam in hac villa quam alibi infra dominium domini sibi obiciend/ & assignand/ quapropter aspecta vero senectute/ una cum infirmitate/ et debilitate sua sub fine amnuali nomine exemptionis inde prolate ac suggestione eius/ per tenentes et visus quam ipsum veracit congrua testificata in premissis. Modo dns concessit in ista curia per IF senescal. suum prefato RC huiusmodi licent favorem et exemptionem ad terminum vite sue duratur/ et predict RC dat domino de annuali red ꝑ soluendum annuatim four d. ad terminos usuales. ¶ Ad hanc cur venit IS/ et dat domino de fine pro secta cur respectuand per i annum/ ut patet. ¶ Ad hanc curiam venit IS/ natiuus domini huius manerii/ et petit licenc ad maritand filiam suam infra dominium istud/ vel extra/ & dominus per W. C. senescallum suum concessit licenc et dat. etc.  
MEmorandum that there is no manner of estatis made of free land by poll deed or deed indented/ but like estates may be made by copy of copy lands/ if they be well made and entered in the court rolls. And the steward is bound by law and conscience to be an indifferent judge between the lord and his tenants/ and to enter their copies truly in the lords court rolls/ the which is a register to the lord to know his presidents/ customs/ & services/ and also a great surety to the tenants/ that if their copies were lost/ they may vouch and resort to the lords court rolls/ and the steward may make them new copies/ according to the old president in the lords court role/ like as at the comen law/ when a matter in variance between two men is passed by verdict/ and judgement given thereof/ and entered in the kings records/ there it resteth of record. and also if a deed or a patent be enrolled/ there it remeyneth of record in like manner. so that if any party will have any copy thereof/ they may sue to the judges & the officers of the place where the record lieth/ and have a copy thereof exemplyfied under the seal of office of the same place/ where such record lieth/ and may plead the same record in every court the king hath/ and the lords steward may do in like manner. etc.   

¶ The oath of all manner of officers generally.  
¶ To whom the steward shall say/ lay thy hand upon the book and say after me/ I shall true constable be/ true thridborowe/ true reave/ true frankelege/ true tithingman/ true ale taster/ true wodewarde/ and true pynder/ with such other officers that be used to be sworn in the lords court/ and true presentment make/ and truly and duly do and keep all things that belongeth to mine office to do/ so help me god and my holydome/ and kiss the book.   

¶ The oath of a denysen.  
¶ I shall true liegeman be/ and true faith bear to king Henry that now is/ and to his heirs/ and no treason do/ nor thereunto assent/ nor no theft do/ nor no thieves fellow be/ nor any of them to know/ But that I shall inform and do to wit them that be the kings officers thereof that have the law to govern. and I shall be buxom and obeydient to justices/ commissioners/ sheriffs/ escheators/ baylyes/ and constables/ and to all other officers of the kings in all things that they command me to do lawfully/ so help me god and halydome. etc.   

¶ The oath of afferoure.  
¶ I shall truly affere this court/ and high no man for no hate/ ne low no man for no love/ but to set every man truly after the quantity of his trespass to my knowledge/ saving to a gentleman his counteynaunce and his household/ a machaunt his merchandise/ a husband his tenure and his work beasts to his plough/ so help me god and my holydome.  
This article goeth farther. Et quantum reddant per annum de redditu assize. And how much they yield by the year of rent of assize. And first ye shall know/ that there be three manner of rents/ that is to say: rend service/ rend charge/ and rend seek. Rend service/ is where a man holdeth his lands of his lord by fealty & certain rend/ or by homage/ fealty & certain rend/ or by any other service and certain rent. This is a rend service/ & if the rent be behind at any day that it ought to be paid at/ the lord may distrain for that rent of comen right/ and if the lord purchase parcel of the said land that the rent goeth out of/ the rent shallbe apportioned: except it be an entter rend/ as a sparrowhawk/ or a horse/ or such other that can not be severed/ for than the rent is extinct and gone for ever. etc. Rent charge/ is where a man is seized of lands in fee and grant by pool deed or by deed indented▪ Annuell rend going out of the same lands in fee or in fee tail or for term of life/ with a clause of distress that is a rent charge/ and the grantee may distrain for the same rend/ because of the clause of distress. But if the grant purchase parcel of the said lands/ whereof the said rent goeth out/ the hold rend charge is extinct and gone for ever. For such a rend charge may not be apporcioned/ because the lands come to his own possession by his own act or deed Rend seek/ is where a man is seized of lands in fee grant/ a rend going out of the same without a clause of distress/ that is a rent seek and it is called a rent seek/ because there is no distress insedent nor belonging to the same. Also if a man by deed indented make a feoffment in fee or in fee tail/ the remainder over in fee or for term of life remeyner over in fee/ reserving to him certain rent without any clause of distress in the same. That is a rent seek/ and if the grant were never seized of the said rend/ he is with out remainder by course of the comen law. There is another manner of rent: that is neither rent service/ rend charge/ nor rend seek/ and that is called rend annual. And that is/ where as a man granteth by his deed/ an annuity of. xx.s. be it more or lass/ and chargeth no land with the payment of the same. That is a rend annual/ and it chargeth the person that granteth the said rent by a writ of annuite/ and in some cause a rent charge/ may become an annual rend. as and a man grant a rent charge out of his land with a clause of distress/ the grant is at liberty/ whether he will distrain for the rent/ or sew a writ of an nuyte against the granter. And if he sew his writ of annuyte/ the land is discharged of any distress. and therefore the grantor may make a provytion in his grant. s. proviso semper/ qd presence scriptum nec aliquid in eo specificatum non aliqualiter se extendat ad onorandū personam meam per breve/ vel actionem de annuite. sed tantummodo ad onorandū terras/ et tenementa predicta de annuali redditu predicto. And this provyse had/ the lands be charged and the person discharged.    

¶ Of those free tenants that sew to the court of the county/ and who seweth not/ and how moche falleth to the lord after the decease of such tenants. Cap. xii.  
ITem inquirendum est de predictis libere tenentibus et qui secuntur/ ad cur ad come in commitatu/ et qui non/ & quantum accidit domino post mortem talium liberorum tenentium. It is to be inquired of the foresaid free tenants/ which of them shall follow the court of the county and which not/ & what shall fall unto the lord/ after the death of such free tenants. Me seemeth that all manner such tenants that hold their land by such service having charter land/ aught to follow the court of the county/ if he be summoned to appear/ except he have a special grant by charter/ of the king to the contrary. and to be sworn in inquyries before the justice of peace/ justice of assize/ excheters/ coroners/ and all other commissyoners of the kings/ & between party and party as the law hath ordained it. howbeit in some case he shall dispend & have more lands than in some case. that is to say/ if the damage in plea personell: as debt trespass/ detynue/ and such other/ be declared under the value of xl marks. Than a freholder that hath any charter land/ be it more or less/ may pass between party and party. And also he is sufficient to inquire for the king in every bill of indictment/ of felony/ and so is every constable and freeman/ though he have no land. But there shall no constable nor free holder inquire of riot nor forcyble entrees/ without he may dispend. xl.s. clearly. and therefore see the statute of king Richard the ii & king Henry the vii and also where the damages in plea personell de declared xl marks. or above/ the frehold must have lands to the clear value of. xl.s. And every man that shall pass of life and death and for title of land be it never so little/ he muamst have ldes to the value of. xl.s. clearly above all charges. And in attaint/ if the thing in demand and verdict upon that given/ extend to the value of xl li. or above. Than every man of the grant jury/ must have lands to the value of twenty li. of freholde/ out of ancient demeyne. and of lands in Gavelkind twenty li. and if it be under the value of xl. li. than. xl.s. of freholde is sufficient. The statute rehearseth further. Quid et quantum accidit dno post mortem talium libere tenentium. What and how moche falleth to the lord/ after the death of such free tenants/ That is and may be/ divers manners of rents/ customs/ & services/ As and a tenant hold of the lord by knight service decease/ his heir being of full age/ the lord shall have for every knights fee that the tenant holdeth of the lord. C. s. of his heir in the name of relief. For the which the lord may distrain in every ꝑcell of that land that is so holden of him for the same/ of comen right. And if it be under a hole knights fee/ as half a kynghtes' fee/ the third part/ the fourth part/ or the twenty part more or lass/ the relief shallbe apporcyonate/ according to the same/ & shall pay his chief rentis if any be nevertheless. And if the tenant decease/ his heir being within age of xxi years/ the lord shall have the ward and the keeping of the body during his nonage/ and if he be unmarried/ than his marriage to give or sell to whom he will without dispargement/ and when he cometh of full age/ he shall pay no relief. and if he be married and under the age of xiiii years/ he may refuse and disagree/ but how the garden or his commit or grant shall tend/ and offer marriage to the ward/ and if the ward refuse the offer/ or if the ward be ravished and of wards because of wards/ and of dispargementes of wards/ and disagrementes after marriage/ and of waste done by the garden/ or his commit or grant/ with more articles pertaining to the same. I remit all those poyntis to men of law that have knowledge & experience thereof/ for it toucheth not my matter that I treat of. & if the tenant have issue female/ above the age of xiiii year/ be she married or not married/ the lord shall not have the ward ne the marriage/ because the law intendeth that she hath a husband or may have a husband at that age/ able to do such service. But & the heir female be under the age of xiiii years unmarried/ the lord shall have both the lands holden of him and the marriage/ till she come to the age of xiiii years/ and two years further to tend her marriage in/ if she be unmarried. and at the two years end/ she may enter in to her lands and put out her garden/ and to marry herself at her pleasure. but and she be married before the age of xiiii years in the life of her auncestr/ and than her auncestr die/ the lord shall have the ward of the land to the age of xiiii years/ and than her husband and she may enter and put out the lord/ and if the tenant hold of two lords by knight service/ of one by priority and of another by posteryorite and die/ the lord that the tenant holdeth of by priority/ shall have the ward of the body/ be it heir male or heir female/ though there be three or four daughters/ for all they are but one heir to the lands that beholden of him. And the other lord of whom the lands be holden of by posteryorite/ shall have those lands holden of himself/ and nothing else. And if the tenant hold lands of one lord by knight service/ and also hold lands of another lord by soccage and die/ his heirs being within age/ the lord of whom the lands be holden of by knight service/ shall have the ward and marriage of the heir and the lands holden of him/ but he shall not have the lands holden in socage/ nor the lord of whom they be holden of/ neither/ For those lands holden in socage during the nonage/ shall go to the next of the blood/ to whom the inheritance may not descend/ whereof he shall make account unto the heir when he cometh of full age etc. And if the heir be of full age at the decease of his ancestor/ he shall pay a relief to every lord that he holdeth any land of/ if relief be due to be paid/ by reason of his tenure. But in case that a tenant hold divers manors of divers lords by knight service and have but one parcel of land holden of the king in capite/ the king shall have all the hole lands holden of every lord/ during the nonage: and the marriage of the heir if he be unmarried. and if the heir be under the age of xiiii year & will disagree to the marriage/ than the king shall have the marriage of him or her/ or the value thereof. and the king shall pay no chief rent during the nonage/ except it be found due to be paid in the office of therchetour. and many other things may fall to the lords as herryottes & other customs/ according to their original deeds/ and use of the manner. And ye shall understand/ that there be two manner of herryottes: that is to wit/ herryot service and herryot custom. Herryot service/ is where a man hath given lands and tenements to another man and to his heirs/ to hold of him and of his heirs/ as before the making of the statute/ Quia emptores terrarum/ or sith the making of the said statute to hold of the chief lord of the fee/ by the service thereof due & of right accustomed/ reserving to him certain rents/ herryottes/ or any other custom. This is rend service and herryot service/ because it is expressed in his original deed. Herryotte custom is where a man hath a lordship/ wherein hath been used time out of mind/ that every tenant that holdeth any mese place of the lord/ shall give his best quick good in the name of a herryotte to the lord/ and he that hath no quick good/ shall give his best deed good. And in some place the tenant shall give for every mese place that he holdeth a herryot/ though the houses were let down an hundred year before/ the which me seemeth should be a great bribery and extortion/ as I said in the prologue of this treatise. And therefore it is wisdom for every man to take his house by indenture or by copy/ wherein may be expressed: what rents/ herryottes/ customs/ and services the tenant shall pay and do/ for a lord may abridge and make less his custom by writing. but though he make writing and specify what rent he shall pay/ he must say further/ for all manner rents/ herryottes/ customs/ & services. And in some lordship/ every man that dieth within the same/ be he the lords tenant or not/ shall pay an herryotte. In so much that if a strange man ride or go by the way and die within such a lordship/ he shall pay an herryot/ the which is plain extortion and against the comen right/ For between the lord and him that died/ there was no manner of privity of bargain or covynaunt. And in some lordship/ the lord shall take his herryotte before the person/ or the vycare his mortuary/ & in some places the church before/ And that is/ as it hath been accustomed and used time out of mind. But for the most part/ the lord taketh before: because the lord maketh covenant with his tenant in his life/ that he shall have his best quick good at his decease/ and the mortuary is not due till he be deed/ and the herryotte was covynaunted and granted before in his life/ and the first bargain must be observed and kept. And also in some places it is parted between the church & the lord/ and that is/ where he that is deed hath no more quick good/ but one horse or one be'st/ and than he that hath be used to choose first/ shall have the better part by one penny/ but of deed good/ either party shall have one But there shall neither of them take any deed good/ as long as there is any quick goods/ and in many lordships/ it is used/ that and the tenant leave his house by his own will/ without any discharge of the lord/ the tenant shall pay his best quick good to the lord in the name of an herryot. & in some lordships it is accustomed/ that & the tenant depart fro the lordship by his own will/ he shall make a fine with the lord for his departing/ & most commonly it is. ii.s. and it is called a farefee or a farewell. And such a tenant that goeth at his own will shall make all manner of reparations/ and that tenant that is discharged by the lord or by his officers/ shall make no reparations/ except he be discharged for not doing reperations. etc.   

¶ How many customary tenants there be/ & how moche lands every of them holdeth/ and what works and customs they do/ & what the works and the customs of every tenant is worth by the year and how much every of them payeth/ over the customs and works. etc. Cap. xiii.  
ITem inquirend est de custumariis videlicet quot sunt custumarii/ et quant rerre qui libet custumarius teneat/ quas operationes quas consuetudines facit/ et quantum 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 dni/ et qui non. It is to be inquired of customary tenants/ that is to wit/ how many there be & how moche land every tenant holdeth/ and what works and customs he doth/ and what the works and customs be worth of every tenant by itself/ and how moche rent by the year/ above his works and customs he doth pay/ and which of them may tax their lands at the will of the lord/ and which not. Customary tenants/ are those that hold their lands of their lord by copy of court role/ after the custom of the manner. And there may be many tenants with in the same manner that have no copies/ and yet hold be like custom and service at the will of the lord. and in mine opinion/ it began soon after the conquest/ when William Conqueror had conquered this realm/ he rewarded all those that came with him in his voyage royal/ according to their degree. And to honourable men he gave/ lordships/ manners/ lands/ and tenements/ withal the inhabitants/ men and women dwelling in the same/ to do with them at their pleasure. And those honourable men thought that they must needs have servants and tenants/ and their lands occupied with tillage. Wherefore they pardoned the inhabytauntes of their lives/ and caused them to do all manner of service that was to be done/ were it never so vile/ and caused them to occupy their lands and tenements in tillage/ and took of them such rents/ customs/ and services/ as it pleased them to have. And also/ took all their goods & cattles at all times at their pleasure/ and called them their bond men. and sith that time/ many noble men both spiritual and temporal of their godly disposition/ have made to divers of the said bond men manumissions/ and granted them freedom and liberty. and set to them their lands and tenements to occupy/ after divers manners of rents/ customs/ and services the which is used in divers places unto this day. how be it in some places the bond men continue as yet/ the which me seemeth is the greatest inconuenyent that now is suffered by the law. That is to have any christian man bounden to another/ and to have the rule of his body/ lands & goods/ that his wife children and servants/ have laboured for all their life time/ to be so taken/ like as and it were extortion or bribery. And many times by colour thereof/ there be many free men taken as bond men/ and their lands and goods taken fro them/ so that they shall not be able to sue for remedy/ to prove themself free of blood And that is most commonly/ where the free men have the same name as the bond men have/ or that his ancestors of whom he is comen/ was manumised before his birth. In such cause there can not be to great a punishment. for as me seemeth/ there should no man be bond but to god/ and to his king & prince over him. Quia deus non facit exceptionem personarum. For god maketh no exception of any person Wherefore it were a chartable deed/ to every noble man both spiritual and temporal/ to do as they would be done by/ & that is to manumise them that be bond and to make them free of body and blood/ reserving to them their rents/ customs/ and services/ of old time due and accustomed/ wherein they may gait the prayers of the party and remission of their offences/ as in the hospell. Eadem mensura qua mensi fueritis remisictur vobis. The same measure that ye do meet to other men/ shall be metton to you. In many lordships/ there is a customary roole between the lords and their tenants/ and it ought to be indented / one part to remain in the lords keeping/ the other part with the tenants/ and divers true copies to be made of the same/ that the rents and customs run not out of remembrance. And also a suit rooll/ to call all those by name that oweth any suit to the lords court/ and than shall there be no counselment of the sutours/ but that the steward may know who is not there. & if any suctour decease/ the name of his next heir would be entered in to the same roole/ & an inquiry made and presented what he held of the lord/ and by what tents/ customs/ and service of every parcel by itself/ & who is his next heir and of what age he is of. and this truly done and entered in to the role/ it would be a conveyance of descent in manner of a pee degree/ and profitable to the lords/ and also to the tenants/ causa patet. The name of every tenant must be put in the roole/ and his mese place to be butted & bonded/ as it lieth in length and breed/ and between whom. And also/ his lands/ meadows/ leys and pastures/ likewise butted and bonded/ that it may be known many years after who dwelled there: and what lands/ meadows/ and pastures/ lay to the same at that tyme. And what work and customs the tenant doth for every parcel/ and what the works and customs be worth in a year/ and how moche rend the tenant doth pay for every parcel beside the customs and works/ to the intent that if any parcel of land/ meadow or pasture be aliened/ sold/ or changed/ or put from one tenant to another. The lord & his bailiff may know what rents/ customs/ and works/ he shall ask and have of the occupier for every parcel. And it is the most special point that longeth to a surveyor/ to but and bound truly every parcel by itself/ and to know what rents/ works/ customs/ and services/ goeth out of the same/ for than may he make a true rental or customary roole/ and put all things in a certainty.   

¶ Of cotyers' what cottages and curtilages they hold and by what service/ and how moche rend they pay by the year. etc. Cap. xiiii.  
ITem inquirendum est de cotorellis/ que cotagia & curtilagia teneant/ et ꝑ quod seruic/ et quantum reddant per annum/ pro predict cotagiis et curtilagiis. Also it is to be inquired of Cotagers/ what cottages and curtylages they hold/ & by what service: and what they yield by the year for the foresaid cottages and curtylages. This chapter and the next present be both of one effect/ but that it is to pnsume/ that there is not so much rents/ herryottes/ customs/ and services to be paid & done for a cottage as there is for a mese place or a better tenement/ but it may be like custom and service.   

¶ Of perquesytes' or profits of counties/ of courts/ and of forests/ what they be worth by the year. etc. Cap. xv.  
ITem inquirend est de perquesitis com mitatuum cur forestariorum cum expeditamentis canum & quantum valent per annum in oimbus exitibus. Also it is to be inquired/ of the perquesytes and profits of the counties/ of the courts and of the forests with the cutting of of the dogs cleyse/ and how moche they be worth by the year in all the issues and profits. This chapter toucheth not the office of a surveyor but little/ for the issues and profits of the counties/ sessions/ and assizes/ are most commonly the kings/ and they be kept and ordained by the sheriff and the justices of peace/ that be ordained and put in commission by the king and his counsel/ and the issues and profits of them are estreyted by the said justices/ and returned in to the kings exchequer/ and there they rest of record/ the which afterward is estreyted again/ and send down to the shiryffes of every county to levy and gather up the same/ & thereof to make an account in the said exchequer/ and it is called green wax. And the courts of the forests be ordained and kept by the justices of the forests and their deputies/ and the issues and profits thereof/ the which cometh most commonly by fines and mercymentes are not estreyted in to the escheker/ but made out by the steward to the baylyes and other officers of them that oweth the forest. And there me seemeth/ the Surveyor may sit with the justices of the forests to one thing specially/ and that is this. that no townshyppe nor hamell enter comen within the forests/ chases/ wastes/ heaths/ moors/ and such other great commons/ but all only such that of right aught to have comen within the same. Wherefore it would be ordained/ that every towneshyppe and hamell that ought to have any such comen in any forests/ chases/ wastes/ moors/ heaths/ and such other great commons: where divers townshyppes and hamels enter comen together. Every townshyppe and hamell ought to have a divers brenning iron and every be'st/ horse/ mare/ & colt that is put upon the comen/ aught to be burned in some part of his body with the said iron/ and than shall every be'st be known of what townshippe he is/ And that were a great readiness to the keepers/ and also a great safeguard for stealing of the cattles. And than may the keepers/ regarders/ goysters/ and other officers of such forest and chases/ have perfit knowledge what townshyppe the cattles is of. And if any of these said officers find any manner of cattles having no such bren/ they may attach them and cease them as streyes'/ and put them in safeguard to the lords use/ till they be yered and died. And they ought to ask them three sundays in three or four next parish churches/ and also cry them three times in three the next market towns. And if no man come within the year and the day/ and to make sufficient prove that the cattles is his/ than it is forfeit to the lord as a stray. & in like manner the swine and sheep of every township and hamell/ aught to be pitched with the said brenning iron/ or such another like the same. but as for all other points and articles touching the forests the Surveyor hath little to do. Wherefore I remit all other articles to the justices of the forests and to their deputies to execute their office. & ye shall know that no man shall have a forest of right but the king/ except he or his auncest●rs have had a special grant thereof by charter/ of the king and his progenitors in times past/ and so used. etc.   

¶ Of churches that belong to the gift of the lord/ how many there be/ and where they be/ & what every church is worth. etc. Cap. xvi.  
ITem inquirend est de ecclesiis/ que pertinent ad donationem dni/ quot sunt/ et ubi/ & quantum valent/ et quantum quelibet ecclia valet per se per annum/ scdm veram estimationem illius It is to be inquired of all the churches that belong to the lords gift/ how many there be & where they be/ & what they be worth/ & what every church is worth by itself by the year/ after the true estimation of the same. The letter of this chapter is very plain & needeth not much declaration further than is spoken of/ but alonely in one thing/ & that is thus. oft times he that hath right to present to a church at one time/ hath not right to present to the said church at the next tyme. And that is where any sole patron of a church hath issue/ two/ three/ or four daughters and decease/ so that the right of patronage of the said church descendeth to all the said daughters. When the church is void they shall present by turn/ the eldest daughter first: than the second at the next avoidance/ than the iii and so forth/ till they have presented once over. and than to begin again at the eldest daughter/ except they make any other partition among themself by agreement. And than must every one of them present by their turn/ according to their petition/ as it cometh about. And so must the Surveyor make his book according to the right of the presentation/ as every time/ second time/ third time/ or fourth time and so forth. Also what lords or gentlemen have their tourneyse with them in the same benefice/ and which of them presented last/ and who shall have next/ and who than/ till they have gone about. & in what town it is/ and in what shire and dyocise it is/ and what every benefice is worth by itself by the year/ as it can be estymate.   

¶ What the herryottes be worth/ the feyres'/ exchetes/ customs/ services/ and foreign work: the pleas and perquesites of the courts/ fines/ relefes/ & all other things that may fall to the lord by the year. etc. Cap. xvii.  
INquirendum est quantum valent herriotta/ nundine/ escaeta/ consuetudines/ et seruic et operationes forinsie/ et quantum valent placita/ et perquesita fines/ et relivia/ et omnia alia que accidere possunt per annum in omnibus. It is to be inquired/ what be the value of herryottes/ feyres'/ exchetes/ customs/ services/ & foreign work: and what the pleas be worth/ and the perquesytes or profits of the courts/ fines/ relefes/ and all other things may fall by the year in all. This chapter goeth in a generalytie and is like/ as when an audytour hath cast all the mynistr and particular accounts of every bailiff or reave and other accomptance/ and hath made his book perfit of all the particular/ whereupon the whole charge resteth. Than when the lord would know what thertent is of all his hole lands/ and also of every partyculer parcel by itself/ it were to long a process to show him all the said minystr and particular accounts/ and though he died/ he should not know the gross sums of his rents/ fines/ herryottes/ exchetes/ ꝑquesytes & such other/ every of them by himself. Wherefore he will cause his audytoure to make a value in manner of a bridgement of all the said minister accounts/ and first to know the hole charge of all the particulars/ what they be at the first sight/ in the sums total. Than to divide the sums total in divers ꝑcels/ as the chief rents of the freeholders by themselves/ the rents of customary tenants by themselves/ tenants by indenture/ or tenants at the lords will by them self so that he may make a gross sum of every manner of rent▪ so that one rent may be known from another. But than must the audytour have good & perfit information/ or else he can not do it. and that information must come by the surveyor & the baylyes for they ought to know one manner of rent from another/ and therefore their rentalles would be made a 'cording/ also the perquesytes of the courts by themselves. And those must be in like manner divided/ as the pleas by themself/ the mercementes for comen trespass by themself/ fines by themself/ herryottes by themselves exchetes by themself/ and so of relefes/ feyres'/ markets/ and all other casualties/ every of them by themself and ought to be presented in the court by themself. And thereof to be made an estreyt to the bailie or reave to gather by/ & brought in to the account to the audytour/ the which he may divide in making of his value/ if the accomptance bring him perfit rentals and court rolls and not else. but if they do it not at the first time/ he must teach and inform them how they should make them perfit. Also customs/ services/ and work be oft time done by bodily service and work/ and than they be not to be accounted for/ but yet mention would be made in the account thereof. And many times such manner of customs/ services and work be turned in to money: And than it commonly goeth with the rents/ and the bailie or reave is charged therewith. And this chapter rehearseth further/ Et omnia alia que accider possit per annum in omnibus. And of all other things that may fall to the lord/ what they be worth by the year. and those may be taken as mines of tin/ lead/ ore/ coal/ iron stonne/ freston/ miln stones/ gryndell stone's/ unfortune/ chalk/ furlers/ earth/ Sande/ cley/ gravel/ broom/ gorse or fyrs/ marvel/ turfs/ thorns/ wood/ bushes/ height/ fern or braken/ and such other/ if there be any new found: and aught to be put in a rental to a certainty/ or else to be put in account by way of approwment. And than thauditor may divide the casualties from the certenties'/ and to make a gross sum of them all. And yet may the value of every thing appear and be known/ how much it is by itself. And than must there be deduct out of the said gross some all manner of out rents and ordinary charges: as baylyes fees/ reparation and such other/ and than to make a clear gross sum of every year by himself/ And because oft times more casualties fall or come to the lord more in one year than in another. Therefore it is convenient that the clear gross sums of five or six years or more/ would be cast together in one gross sum/ and to divide that some in as many parts as there was years cast together/ and than the clear value of one year will be commonly about that some so divided. And thus endeth the brief declaration of this statute Extenta manerii.  
¶ Explicit.   

¶ Of divers manners of taking and doing of homage & fealty. Cap. xviii.  
IN so moche I have showed divers diversities of tenors/ & also divers manners of making of copies/ and the oaths of the officers of the court/ though they be not expressed in the statute. Me seemeth also it were convenient to show the diversities & manner of taking and doing of homage and fealty. And ye shall understand/ that homage is the most honourable service & the most humble service of reverence/ that a free man may do to his lord. For when the tenant shall do homage to his chief lord/ of whom he holdeth his chief manner or mansion place/ by knight service and priority. He shallbe ungirde and his heed uncovered/ and the lord shall sit & the tenant shall kneel before him on both his knees/ and shall hold his hands stretched out together between the lords hands/ and shall say thus. I become your man from this day forward of life and of member/ and of worldly honour. And to you shall be faithful and lowly and shall bear faith to you/ for the lands and tenements the which I hold of you/ saving the faith that I own to our sovereign lord the king and my other lord. And the lord so sitting shall kiss his tenant/ the which is a sign of perfit love. And why saith the tenaun of life & of member/ and of all worldly honour? Because he holdeth his lands of his lord by knight service and also by priority. for and he hold other lands of another lord by knight service and posteriorite/ he shall not say to him of life and of member/ for though he be bound to him by reason of his tenors of knight service/ to go to battle with his lord/ and to put his life and membres in jeopardy with his lord: yet can he not go with them both. And therefore shall he go to battle with that lord that he holdeth his lands of by priority. And because thereof/ if any such tenant die/ his heir being within age/ the lord shall have the keeping of his body/ and the profit of those lands that be holden of him/ during the nonage/ & also the marriage of him. Wherefore it is to be presupposed/ that the lord will be more loving and kind to him/ than any other of his friends would be. Seeing/ that when he cometh of full age/ he shall put his life in jeopardy for his lord/ the which bindeth the lord by reason the rather to do for him/ when he is not able to help himself. Where as his frendis may fortune cared not for him/ and had liefer/ another had the land than he.  
¶ And if an abbot or a prior/ or any other man or woman of religion should do homage/ they shall say I become your man. etc. because they be all only ꝓfessed to god to be his men and women/ and to none other. And therefore they shall kneel and hold their hands as the other died/ and say thus. I do to you homage and to you shall be faithful and lowly/ for the lands and tenements the which I hold of you/ saving the faith that I own to our sovereign lord the king. etc.  
¶ And if a woman sole should do homage/ she shall not say/ I become your woman: for it is not convenient that a woman should become woman/ to any other man than to her husband/ when she is married. And therefore she shall say as the religious men and women doth. I do to you homage. etc.  
¶ And if a woman covert with baron shall do homage/ they shall kneel before the lord both/ & the lord shall take both their hands between his hands/ & the husband shall speak all the words/ as thus. We to you do homage/ and faith to you we shall bear for the lands that we hold of you/ saving the faith that we own to our sovereign lord the king his heirs/ and to our other lords: & they both shall kiss the lord. etc.  
¶ And in case a man should do homage to his lord/ and the lord grant his homage and service to another man. Now shall the tenant do his homage & service to the grantee/ after this manner. I become your man fro this day forth/ and to you shallbe faithful and lowly/ for the lands and tenements that I held of A. B. your grantor/ in the towns of C. D. the which to you he hath granted my homage and service in the said towns/ saving the faith that I own to our sovereign lord the king and my other lords. etc.  
¶ And know you/ that one lord may have done to him divers homages of divers tenants/ for one manner of land. But one tenant shall do but ones homage for one manner of land/ for though the lord die/ his heir or his assign/ if he sell it or grant it a way/ they do represent the lords estate. But and the tenant have done his homage to his lord/ and after the manner/ whereof the tenant holdeth his lands is recovered against the lord. Now shall the tenant do his homage again to him that recovered the manner/ for he cometh not in by the lord/ but by force of the recover/ the which proveth the first homage to be void/ for it was done to him that had no right to take it. etc.  
¶ Also ye shall know/ that a man may distrain his tenants cattles for homage by course of the comen law/ and also for relief. And though a man have paid his relief/ yet he shall do homage and fealty. also ye shall understand/ that no man shall do homage/ but he that hath a state of inheritance in fee simple or in fee tail/ in his own right or in his wives/ for tenants for term of life/ tenants by the courtesy/ nor tenant in dower/ shall do no homage nor take no homage. etc.  
¶ And if a man hold lands of the king in chief/ & have issue three or four daughters & die/ all the daughters shall do homage to the king. and if the lands be holden of another lord/ the eldest daughter shall do homage for all/ and also the services. and the other daughters shall be contrybutories/ and bear every one of them their portion of the same.  
¶ And when a free man shall do fealty to his lord/ he shall lay his hand upon the book/ and shall say thus. Here you my lord that I W.O.D.E. fro this day forth/ to you shallbe faithful and lowly/ & faith to you shall bear for the lands and tenements/ that I claim to hold of you/ and loyally shall do & pay the rents/ customs/ and services/ that I ought to do at the terms assigned/ as god me help & all saints/ and than kiss the book.  
¶ When a villain shall do fealty to his lord/ he shall lay his hand upon the book and say thus. Here you my lord R. that IW. de C. fro thus day forth to you shallbe faithful and lowly/ and to you shall do all the customs and services that I ought to do to you/ for the lands that I hold of you in vyllenage/ and I shall be iustifyable of body and of goods/ as god me help and his saints/ and than kiss. etc.  
¶ When a villain that holdeth no lands of the lord shall do fealty/ he shall lay his hand upon the book and say thus. Here you my lord S. that IW.B. fro this day forth to you shallbe faithful and lowly and I shallbe iustifyable to you of body and of goods as god me help and his saints/ & kiss the book. etc.   

¶ What a surveyor should do. Cap. nineteen.  
Now this statute is briefly declared/ it would be understand/ how a lordship or a manner should be surveyed & viewed butted and bounded on every part/ that it may be known for ever/ whose every parcel thereof was/ at the making of this book. & it may serve as well to save the inheritance of the lords/ as of every free holder by charter/ copy holder/ & customary holder/ and to know every man's land as it lieth to his house one from another. so that it may be known an hundred years after and for ever/ what manner of lands/ and how many acres every man had to his house at that time/ and where they lieth. The name of a surveyor is a french name/ and is as much to say in english as an overseer. Than it would be known/ how a surveyor should oversee 〈◊〉 ●uruey a town or a lordship/ as and the city of London should be surveyed. The surveyor may not stand at Highgate/ nor at Shotershyll/ nor yet at the Blackheth nor such other places/ and over look the city on every side. For and he do/ he shall not see the goodly streets/ the fair buildings/ nor the great substance of richesses contained in them/ for than he may be called a disceyver & not a surveyor. & in like wise if a man shall vieu a close or a pasture/ he may not look over the hedge & go his way/ but he must other ride or go over/ & see every parcel thereof. and to know how many acres it containeth/ & how moche thereof was meadow ground/ how moche pasture ground/ how moche wooed ground or bush ground/ heythe/ lyng/ or such other. & what an acre of meadow ground is worth/ and what an acre of pasture and what an acre of the wood ground or bush/ & such other be worth. And what manner of cattles it is best for/ and how many cattles it will grass or find by the year/ and what a beasts grass is worth by the year in such a pasture/ or else he can not set a true value what it is worth. And therefore a Surveyor must be diligent and laborious and not slothful and reckless/ for and he be/ he is not worthy to have his fee or wages/ and may fortune to make an unperfit book/ And if he so do/ it is to his shame & rebuke/ and great jeopardy to his soul to make a false president Wherefore it is convenient to remember the saying of the wise philosopher. Abhibe curam. that is to say take heed to thy charge. & so if he should vieu a city or a town/ he must begin at a certain place/ as and it were at the draw bridge of London bridge on the east side/ and there to make his tyteling where he beginneth and to show who is lord of the house next unto the said bridge/ and who is tenant. And if he be a free holder/ what chief rend it payeth to the lord customs or other services. and if it be no free hold/ than the rent needeth not to be spoken of but at his pleasure/ for it may rise and fall/ and how many foot in breed and how many en length. Than to the second house on the same east side in like manner/ and so to peruse from house to house/ till he come to saint Magnus' church. And than return again to the said draw bridge on the West side/ and there begin at the house next to the said bridge/ and so to peruse fro house to house/ till he come to the corner next Thames street. and than he may choose whether he will follow the south side of the said Thames street Westward and eastward/ till he have perused the hole parissh And if there be any manner of gardens/ entries/ or aleys/ or other dwelling places withinforthe/ they may not be overskipped/ forgotten/ nor laft out/ but taken by the way: How moche every garden is/ how long every alley and enter is/ and how many dwelling places be therein/ and whose they be/ and how many cellars or taverns there be/ and how many foots every one of them be in length and breed. And so to go from parish to parish/ till he had viewed the city/ and every street and lane would be remembered what length & breed they be of. And also/ every church and church yard & other void places/ the which would ask a great leisure/ but yet it is possible to be done.   

¶ How a man should view/ but and bound/ the manner and the towneshyppe. Cap. xx.  

¶ The town of Dale.  
THe vieu of the manner of Dale taken the tenth day of May/ the xiiii year of the reign of king Henry the viii by AB general Surveyor to the right honourable lord C. D. lord of the same & by his commandment/ & also by the oaths of EF. GH. & many other tenants of the same/ as hereafter ensueth.  
¶ The city of the manner of Dale/ standeth & lieth between the kings hyway leading from the town of A. unto the town of B. on the south part/ & the church yard of the same town of Dale on the east side/ and the comen field of the same town called the north field on the north part. And the tenement or mese place of Iohn Coke on the West part/ and containeth twenty perches in breed & xxx ꝑches & four foot in length/ every perch xvi foot & a half. Whereupon is set the manner place sufficiently builded/ with two cross chambers of stone/ of brick/ or timber: withal manner of houses of office within forth/ & two barns and an ox house/ a hay house and a stable/ a garden & an orchard. And if it be moated about/ express how moche housing standeth with in the mote/ and how moche without/ and with what manner of covering the houses be covered. The which manner with the demeans/ lands/ meadows/ lay/ & pastures be now in the holding and occupation of T. S. and payeth by the year/ at four terms or two times there used. s. etc. by even portions vi li. xiii.s.iiii. ¶ The city of the parsonage standeth and lieth between the said hyway on the south part/ & the said church on the West part/ and the said north field on the north part/ and the tenements of I. C. on the east part. And the said person hath a croft lying between the said north field and the said church yard on the south part. and the said city and crofte containeth ten perches on the south side/ & xiiii perches on the north side/ and xxx perches in length on the east side/ and xvi perches and a half on the West side. And the mansion place & the houses there unto belonging/ be now ruinous/ and one sir S. B. is now person there/ and had it of the gift of the lord/ to whom the gift belongeth every third time and to y. F. the next time/ and C. D. the third turn and so as oft as it falleth. And the said. S. B. occupieth the said parsonage himself/ withal the glebe lands/ meadows/ tithes/ and all other fruits/ and is worth by the year twenty li. And in like manner of a vicarage/ and than must ye show who is person/ the which most commonly is a spiritual man.  
¶ I. B. holdeth a mese place freely of the lord by charter/ with divers lands/ meadows/ and pastures be longing to the same. The which mese place lieth between the said hywaye and the said north field (as before said) and the said parsonage on the West side/ and the tenement or mese place of F. G. on the east part/ and containeth xii perches on the south end in breed/ & xxii perches and four foot in length and xvi perches in breed on the north end. And he holdeth the said mese withal that longeth thereto/ of the said lord by homage/ fealty/ and. ii.s. by the year and half a pound of pepper/ & suit of court from three weeks to three weeks/ and to the two great letes. And this he may express the service of the rent/ if he may have perfit knowledge by the lords presydens or by original deeds.  
¶ FG. holdeth a mese place with the appurtenance of the said lord at his will/ or by indenture or copy and it lieth between the said hiwaye. and the north field and the foresaid mese place of IC. on the West side/ and the field called east field on the east side/ containeth xi perches and six foot in breed/ and xviii perches & ten foot in length/ And payeth unto the lord at the terms their usuels'/ sixteen shillings/ suit of court/ two hens/ and an herryot at his decease. etc.  
¶ GH. holdeth a cottage of the lord by copy/ & standeth between the said hiwaye on the north side/ and the townfelde called the south field on the south part and the said east field on the east side/ And a mese place of the prior of B. on the west side/ & it containeth by the hiway six perches/ and at the south end six perches and eight foot/ and on either side xii perches/ and payeth by the year at the said terms twenty pens/ suit of court and one hen.  
¶ The prior & the covent of B. holdeth a mese place and a croft with the appurtenance of the lord freely in pure alms/ and it lieth between the said cottage in the building of G H. on the east side/ and a mese place of the lords/ in the holding of 'tis. on the west/ and butts upon the said hiway on the said south field/ and containeth in breed by the said hyway sixteen perches/ and in length twenty perches/ and at the south end twelve Perches in breed/ and payeth to the lord half a pound of pepper for all manner of service. etc.  
¶ 'tis. holdeth a mese place of the lord by indenture/ and it lieth between the said tenement of the priors on the east side/ and another hiwaye that leaded or goeth fro the foresaid church or ꝑsonage/ unto the town of. z. on the West side/ and between the foresaid hiwaye on the north side/ and the tenement of the lords in the holding of H. L. on the south side/ and it containeth ten perches every way/ & payeth by the year. etc. suit of court and herryot. Also the said ST holdeth of the lord an horse miln/ next adjoining to his said mese and the tenement of HL and is contained both in length and breed within the said ten perches. Whereof the lord shall find all the great timber and bring it to the miln/ and the mylner shall make all the cost/ both of the house and the going geyre. And also he shall both thank & daub at his own cost and charge/ and payeth for the same at the said terms six shillings/ two hens at christenmas/ and two capons at Pasche.  
¶ H.L. holdeth a tenement of the lord/ and it lieth between the said horse mile on the north side/ & the said south field on the south side/ and butts upon the said hiwaye that leadeth to. z. on the West/ and the croft of the said priors on the east/ and containeth xii. perches and ten foot in breed by the hywaye/ and ix. perches in length to the said croft/ and payeth at the terms aforesaid. x.s. two hens at Christmas and suit. etc.  
¶ P.Q. holdeth a cottage of the lord at his will/ & it lieth between the said way that leadeth to. z. on the east side/ and a croft of RX on the West side/ and a field called south field on the south side/ and the tenement of RX of the north/ and it containeth in breed by the hiway four perchez/ and in length six perches and a half/ and payeth. etc.  
¶ RX. holdeth a tenement & a croft called the swan freely by charter/ & they lie upon the corner between the said two hywayes/ on the north and east/ and a tenement of the lords/ in the holding of WC. and a meadow called West meadow on the West side/ and a cottage in the holding of PQ. and south field on the south side. And it containeth in itself viii perches square/ and the croft containeth xii perches in length and six in breed/ wherein be five butts/ of the which one but is the said prior of B. that is to say next unto the hedge on the West side except one. and he holdeth the said tenement of the lord by homage/ fealty/ and asperhauke for all manner of service. ¶ WC. holdeth a tenement of the lord/ lying bytwne the said tenement of RX on the east side/ and the meadow called west meadow on the West and south/ and the said way that leadeth from A unto B on the north side/ & containeth xiiii perches in breed/ & xvii in length/ and payeth. etc. suit of court & herryot. etc.  
¶ IC. holdeth a tenement of the lord/ and it lieth between the said manner place on the east side/ & the West meadow on the West side/ & the north field on the north side/ and the said way that leadeth from A to B. on the south side/ & containeth by the way seven ꝑches and in length ten perches and payeth at the terms accustomed. xii.s.vi. d two hens at Christmas suit of court/ and herryot at his decease. etc.  
¶ He that shall view/ but and bound lands or tenements/ by east West north and south. It is necessary that he have a Dial with him/ for else & the son shine not/ he shall not have perfit knowledge/ which is east West north and south. For many times/ the lands or meadows do not lie alway even east or West north or south/ but sometime more of one part than of another. As south Est or south West/ north east or north West/ and some two parts of the one and but the third part of the other. as north north east/ north north West/ east north Est/ and east south Est/ south south east/ & south south West/ and West south West/ and West north west. But it needeth not to a surveyor to take so narrow a diversity/ but to but it upon the most part as it lieth. & than must the dial give him perfect knowledge how it lieth/ and so must he title it in his book. as shall appear hereafter/ & he must stand in the mids of the flat when he shall butt truly.    

¶ How a man should butt and bound the fields. Cap. xxi.  

¶ The north field upon Dale furlong.  
THe north field lieth on the north side of the town/ and beginneth at the cross at a furlong called Dale furlong/ the which furlong containeth xxx lands and two heed lands/ and they but on north and south. whereof the south ends butteth upon the hall orchard & upon the croft of IC. & the north ends but upon ryhyll. Than to begin on the east side next to the hiwaye that leadeth to A. the person hath two lands/ the lord three lands. I. B. one land. F. G. two lands/ the lord four lands/ the priour two lands/ the person one land. R. X▪ two lands. W. C. one land. H. L. one land. T. S. two lands/ the priour three lands/ the lord two lands. G. H. one land the person one land/ the lord two lands next to the West side/ and the heed land next to the hall orchard and the other heed land is the persons next ryehyll. and if the husbands have perfit knowledge which is a rod & which is an half acre. than it were better to say the lord hath an acre/ containing three lands are made in four or five lands/ and I. C. half acre made in two lands/ & T S a rod in one land and if it be lass than a rod/ than call it a but. howbeit a man may perceive and know if any man make two lands of one land/ or of one land make two lands/ because of the certain number of every flat.  
¶ Ban furlong lieth next to the same/ and containeth xxiii. lands/ and one hadlande at the overendes/ and they lie Eest and West/ and but upon Dale furlong/ at the nether ends/ and on the south side next the persons croft. The person hath three lands/ the priour one land. I. C. two lands the lord four lands. I B. two lands. T. S. two lands. H. L. one land G. H. one land. F. G. one land. R. X. three lands/ the prioure two lands. P. Q. one land/ the lord hath the hadlandes.  
¶ Whethyll furlong/ lieth next to the same hadlandes and it containeth xxxvi lands/ & three gores father or pike/ and they be all one thing. & be called so/ because they be broad in the one end & a shark pike in the other end/ & they be always shorter than the other lands/ and they but upon the said hadlande of the land at the west end/ & upon depesyche at the east end. & to begin at the north west side of the said flat HL two lands. 'tis two lands. GH one land/ the lord six lands. IC two lands/ the person three lands. WC two lands & one pike/ the priour two lands and one pike/ FG two lands & one pike/ the lord four lands/ RX three lands/ 'tis two lands/ GH two lands & the lord three lands next to the southest side.  
¶ Than turn again to rye hill/ that containeth xxxvi. lands and two pikes/ and but upon Dale furlong on the south ends/ & upon long meadow upon the north west ends. Than on the south east side next to the way that leadeth to A. the prior hath two lands G.H. one land/ the person two lands I.B. two lands. F.G. two lands/ the lord three lands two pikes. W.C. two lands/ RX three lands/ 'tis two lands/ PQ two lands/ HL two lands/ the lord three lands next to the baulk that the wyndmylne standeth upon. etc.  
¶ PQ the which holdeth a cottage of the lord/ holdeth also this said wyndmylne/ whereunto all the lords tenants are bound to grind all their corn and malt that they occupy of their own/ at the said miln/ as well free tenants as other. and the lord shall find all manner of timber & iron work/ board and nails. And bring them to the miln/ and the mylner shall neyle up the boards/ make his shaft and the sail yards/ uphold and reparel the spindle & the rind/ the miln pikes and the sail clothes/ cog and rung/ at his own proper cost and charge. And shall pay by the y●re. xx.s. at the terms there usuell/ and to grind the lords corn and maulte toll free/ and to grind it first/ next to the corn that is in the hopper/ if any be. etc.  
¶ On the other side of the wind mylne baulk lieth a flat called poise hill/ and it containeth liii lands and four pikes and one hadlande/ of the which lands there be six of them/ that break or cut in the mids of the lands/ as shall appear by the bounding. And the said flat lieth between the comen pasture/ called the baulk on the south east/ and the foresaid meadow called the long meadow upon the north West/ and next unto the foresaid baulk/ I.C. hath three lands/ the lord six lands and a pike/ the person four lands and a pike/ IB four lands/ FG two lands and a pike/ WC three lands/ RX two lands/ at the upper end next to the hadlande/ PQ the neither ends of the lands next to the long meadow/ 'tis four lands/ HL three lands at the heed and IC the neither ends of the same/ the priour .v. lands/ the lord eight lands/ IB three lands/ GH two lands and a pike/ FG one land at the heed/ HL two lands/ butting upon the same one land/ and upon the meadow/ the person three lands next to the north east side/ and the prioure hath the hadlande at the heed. And this me seemeth should be sufficient instruction for butting and bounding of all the fields one after another. etc.    

¶ How a man should butt and bound the meadows. Cap. xxii.  

¶ The long meadow belonging to the townshyppe of Dale.  
THe long meadow lieth upon the north side of the north field/ between the said field and the broke/ that departeth the townshyp of Dale and the townshippe of Sale. and the West ends butteth upon the way that leadeth to A. and the east end of the same meadow upon a close of the said lords/ called the park close/ & containeth. C. xxii. acres. this meadow lieth in divers shoots of length/ sometime in two shoots of length/ sometime in one/ & sometime in three. Than to begin at the west side next to the way that goeth to A. on the over shot/ the lord hath four acres IC two acres and a half/ the person three acres. IB two acres and a half. FG three acre's/ the prioure four acres/ the lord viii acres. And on the neither shot next unto the broke next to the said hiwaye/ FG two acres/ the priour four acre's/ GH half an acre/ WC two acres and a half/ RX six acre's/ the lord seven. acres. Than to the long doles that butt fro the said north field to the said broke. 'tis four acres/ the person three acre's/ IC an acre and a half/ IB an acre and a half/ the lord six acre's/ PQ three acre's/ HL three acres. And at the neither end of the said three acre's/ IK lord of sale hath attached his weyre of his miln of Sale/ for the which attachment the said IK payeth to the lord of Dale and to his heirs every year. ii.s. at the feast of saint Mighell tharchangellarchangel/ for all manner of service. etc. Than to the over shot next the said field/ GH an acre and a rod/ WC three rods/ RX an half acre/ the lord two acres/ the person half an acre/ PQ half an acre/ the priour two acres and a half/ IC two acres/ the lord four acres/ 'tis two acres next to the park close. Than to the middle shot next to the long doles/ FG an acre/ the person three acre's/ IB two acres/ the lord four acres/ HL two acres/ the priour four acres next to the said park close. Than to the nethermast shot next the broke on the side next to the long doles/ the person two acres/ RX three acre's/ the lord four acres and a half/ GH dim acre/ the priour two acr/ WC two acres and a dim/ IC dim acre/ 'tis two acres/ IB two acres in the corner next to the said park close and butteth upon the said broke. And if there be any more meadows/ than but them and bound them in like manner/ for the more meadows there be and the fewer shots/ the better they may be bounded. for meadows go most commonly by acres/ half acre's/ and rods/ and they ought to be well staked between every man's dole/ and specially well stoned with great stones between/ & set on a great height that they sink not far in to the earth/ for the property of a stone is to descend downward/ and the property of earth to ascend upward. Therefore they would be taken heed unto be time/ and amended when need is. And this me seemeth sufficient. etc.    

¶ How a man should butt and bound his pastures. Cap. xxiii.  

¶ The pastures belonging to the same town.  
THe lord hath a close called park close/ and it containeth xxx acre's/ and it lieth between the said meadow called long meadow on the West part and a close of the persons called Oxhey on the Est part/ and the said broke on the north part/ and a field called east field on the south part/ and it is worth by the year twenty shillings. etc.  
¶ The person hath a close next to the same called ox/ hay and it containeth ten acre's/ and lieth between the park close on the West part/ and a close of I.B. on the east side/ and the said broke on the north east part and a field called east field on the West part. I do not value it/ because it is not the lords/ the quantity of the acres therein is sufficient. etc.  
¶ The said IB holdeth a little crofte freely/ belonging to the tenement called rye croft/ and containeth two acres/ and lieth between the said persons close on the west side/ and the lane that goeth toward R. on the south east side/ & butteth upon the hiway that cometh from S. to the said town of Sale on the north east side/ and the said east field on the west part I set it at no value/ because he is a frehold/ and runneth in the chief rents of his house/ but and it be given to the freholder by another deed/ than must the surveyor express the chief rent thereof by itself. And it is the most special point to a surveyor/ first to a view/ butt/ and bound/ both the town and the hole lordship/ or ever he desire to see or look upon any evidence of any freeholders. For this first done/ the Surveyor may then perfectly know whether the freholder show his evidence for all his land or not/ and let the surveyor have good remembrance/ what parcels of lands be contained in the said evidence. And than may he well perceive whether he show for all or not. And if the deeds be showed first/ the tenant may say there is for all his land/ and the surveyor can not control him nor say nay. etc.  
¶ FG holdeth a croft of the lord/ lying next on the otherside of the said lane called Goose croft/ and containeth two acres and a half/ and butteth upon the said hiwaye on the north east side/ and the said east field on the west part. etc. And thus ye may peruse/ butt and bound all the croftes/ closes/ and pastures about the town and within the lordship/ whose so ever they be. And to express every hiwaye or cross/ comen/ baulk/ or marvel pit/ where they lie/ the which shall be a great readiness many years hereafter. And if there be any comen pastures where herdsmen keep their cattles/ or any comen woods/ moors/ heaths/ or such other/ they may not be forgotten to be butted and bounded as they lie. etc.    

¶ How a man should a mend errable land. Cap. xxiiii.  
IT is convenient that a husband keep his errable land dying round/ that it be not to high in the ridge/ nor to low in the mids of the sides/ nor to high a little fro the rain: for than will the water stand in the sides of the lands & drown the corn. & though there be no corn/ yet it weareth the ground & maketh it leanly/ for standing water destroyeth grass/ and therefore it must needs destroy corn/ the which is moche more tendrer than the grass. And if it so be/ than take thy plough and begin to plough a forowe in the mids of the side of the land/ & cast it down as and thou should fallow it/ and so ꝑuse both sides till the rig be cast down. & than take thy plough again and begin to plough where thou didst plough first/ and rygge all the remynaunt upward/ and so shalt thou both cast thy lands and rig it/ and all at one ploughing. And this will make the land to lie round/ the which is good both for corn & grass. etc.  
¶ Another manner of mending of errable land/ is to muck it/ marvel it/ lime it/ or dung it/ with the cart or wain. and as I said in the book of husbandry/ to set thy dung upon the first stirring when it is rygged/ for that is best for many causes. and if thou lay it upon the falowing/ than set thy muck heap in the rain of the land and than spread it/ and all that falleth in the ridge cast it out again/ for else it doth but little good/ for it will be covered with earth and seldom seen again. etc.  
¶ Another manner of mending of errable land/ is to set thy sheep fold upon it/ and to flit it every day/ and it is better upon the stirring than upon the fallow/ and the sheep fold is better upon the rye ground than upon the wheat ground. etc.  
¶ Another manner/ when a husband hath much errable land/ and hath no dung nor sheep to compost nor dung his land with all. Than let the husband take his plough/ and cast all such lands three or four times together/ and make the rig there as the rain was before. And if the lands be to broad when it is so cast down/ than rygge either side by itself/ and so make two lands of one land/ or three lands of ii lands. And so shall he find new moolde that was not seen in a hundred years before/ the which must needs give more corn than the other died before. etc.   

¶ How a man should amend his meadows. Cap. xxv.  
see that there be no moldy warpes castige in the meadows/ and if there be/ in April let them be spradd and beaten small. And this is the best way to spread them and make them small. To take a great bough of a tree/ and to plass he the bows abroad and lay them low/ and if they lie not broad enough/ than take other small bows and bind them fast to the same/ and to ley a tree or two overthwart the bows/ to hold them down flat to the earth/ and to bind the trees or the bows that it fall not of. And than to boor an hole with an nauger in the great boughs end/ or else to tie a rope fast to all the boughs ends together/ and to fast the teym to the same/ and with oxen or horses to draw the said boughs/ both up and down and overthwart the said moldy warp hills/ the which shall spread them better/ than any man's hands can do. & that shall refresh the grass and make the meadows much better.  
¶ Another manner of mending of meadows/ is if t●ere be any rynning water or land flood/ that may be set or brought to run over the meadows/ from the time that they be mown unto the beginning of May/ and they will be much the better. and it shall kill/ drown/ & drive away the moldywarpes/ and fill up the low places with sand & make the ground even and good to mow. All manner of waters be good/ so that they stand not still upon the ground. But specially that water that cometh out of a town from every man's midden or dunghill is best/ and will make the meadows most rankest. And fro the beginning of May till the meadows be mown and the hay gotten in/ the waters would be set by and run another way/ for divers considerations. etc.  

¶ To amend and make better/ divers manners of pastures.  
IT is undoubted/ but there be divers manners of pastures/ as low ground like meadow ground/ lay ground/ the which hath been errable ground of late/ bushy ground the which sometime hath been errable ground/ bushy ground the which was never errable ground/ gorstye ground/ the which hath been errable ground/ gorstie ground/ the which was never errable. Brome ground/ height ground/ marrys ground/ chalk ground flyntie ground/ chylturne ground/ and limestone ground.   

¶ To amend low ground like meadow ground.  
¶ ye shall do by it as I have showed you in the next chapter before of your meadows/ and if any water stand still and will not void/ make a ditch/ two or three/ as need shall require/ and opyn the sides of the ditch that the water may come in to it. Convey the water away/ and with a plough make divers sorrows from the said dyche up in to the pasture/ where the water standeth/ and with a Cart/ a wain/ or a sleyde/ carry away th'earth that the plough turneth up/ or else it will stop the water on the one side. & if the plough forowe be to little/ than make divers small duchess and open them on both sides/ so that thou leave no water standing in the pasture no time of the year. And melche kine/ draft oxen/ labouring horses and mares/ be most convenient to go together in such pastures. etc.    

¶ How to amend lay ground/ the which hath been errable land of late. Cap. xxvii.  
YE must take heed how the lay lie/ and specially that they lie not to high/ for & they do/ it is more profit to the husband to cast it down again/ & sow it with oats/ one year/ two/ or three/ and to lay it lower and round in good temper. and see that no water stand at the lands ends/ butting on the heed lands. and if it so do/ than with a plough cast a forowe toward the heed lands/ and than the water will follow that forowe and make the lands dry. But that forowe will not serve passed one or two years/ but it must be renewed/ And if it wax mossy in winter/ than would it be ploughed again and sown with divers corns/ as the ground requireth. And at the first ploughing it would be ploughed a square forowe/ as deep as it is broad/ and laid flat & sown with oats/ that the moss may rote/ and than to lie fallow one year/ & than to be sown with wheat/ rye/ or barley/ as the husband thinketh most convenient. And if it should lie fallow the first year the moss will not rote/ and at winter it will be weate/ and drown all the wheat and rye that it toucheth. And if a man have plenty of such pasture that will be mossy every third year/ let him break up a new pese of ground and plough it and sow it (as I have said before) and he shall have plenty of corn with little dunging. & sow it no lengar than it will bear plenty of corn without dung/ and it will bear moche better grass ten or xii year after. And if the lay be to broad/ than make two lands of one land (as I have said before) And sheep are the most convenient cattles that may go on such pasture/ and best they will amend the grass. and to take good heed that ye suffer nouther briars nor black thorns/ nor none other manner of bushes to grow in your pastures/ and specially by the hedges. etc.   

¶ How to amend bushy ground & mossy/ that hath been errable land of old tyme. Cap. xxviii.  
THere is none other remedy/ but to stock and get up the bushes by the roots/ and the lands ploughed and sown (as I have said before) the reyst ground if it be dry will bring moche corn/ for the moss will rote/ and the moole hyllockes will amend the ground well. And if there be any marvel pits/ that have be made of old time within the same cloys/ than when the lands begin to wear/ if he have not sufficient of such bushy and mossy ground to break up and sow. than there would be new marvel pits made & the lands new marled/ the which is moche better than either/ dung/ muck/ or lime/ for it will last twenty years together/ if it be well done/ and shall be the better while it is land. And I marvel greatly that in the comen fields/ where of old time hath been made many great marlepytes/ the which hath done much good to the lands/ that now a days no man doth occupy thenne make none other. & they need not to doubt/ but there is marvel now aswell as was than but as me seemeth there be two causes why▪ one is/ the tenants be so doubtful of their land lords/ that if they should marl and make their holdynges much better/ they fear least they should be put out or make a great fine/ or else to pay more rent. And if a lord so do/ me seemeth he is unreasonable/ seeing that it was done all at the costs of his tenant/ and not at his. The second cause is/ that men be disposed to idleness and will not labour as they have done in times passed/ but pass forth the time as his father did before him. but yet me seemeth a freholder should not be of that condition/ for he is in a surety/ his chief lord can not put him out doing his duty. And he knoweth well/ he shall take the profit while he liveth and his heirs after him/ and thus should give him a courage to improwe his own/ the which is as good as & he had purchased as much as the improwment cometh to. And one man this doing/ would give other men a courage and a good example to follow the same. And all other countries may take ensample at Chestershyre and Lancastershyre/ for many of them that have so done/ have made the improwment as good as the land was before. etc.   

¶ How a man should amend b●●●hye ground that was never errable land. Cap. xxix.  
YE must consider what the ground is disposed unto/ & whether it be dry or wet/ or be disposed to bear wood/ grass or corn. If it be dry and full of gravel it is better to bear wood/ than other corn or grass. If it be wet ground/ it is not good for corn: but it will bear both wood and grass. But and it be a black earth and dry/ it is good for corn/ and it will quite the cost to stock it up by the roots/ and to sow it with corn. And if it be white clay/ it is most commonly a weate ground/ and than it is not good for corn/ but it will bear both wood and grass: and an acre of wood is as good as an acre of corn ground/ or of grass/ and in some places much better. And if ye will increase the said bushy ground and to make more wood: than between michaelmas and Martylmas/ ye must gather many akehornes and put them in earthen pots/ for those will keep them moist/ and in February and March set the said akehornes in the said bushes/ as thick as ye will/ & undoubted they will grow. And also ye may get the keys of ashes/ nuts/ and such other/ and set them in like manner/ and to keep all manner of cattles that will eat any wood out of the same ground till it be past danger of cattles. etc.   

¶ How to amend wood ground that lieth in several pasture. Cap. thirty.  
IF they be great old trees/ if ye fell them by the earth/ there will never come any springe of them up again/ except they have many small pumples and springs about the roots. And therefore such old trees would be but lopped and cropped/ to bear more wood still/ and if it be a good ground to bear corn & be but a few trees/ than it were best to stock them up by the roots/ and to plough it and sow it. And if it be but young wood/ ye may choose whether ye will shred it/ lop it/ or crop it/ or fell it by the earth. And if ye fell it by the earth and keep the springe well ye shall have for every tree two or three trees/ so that it be field at a due season of the year/ and that is between Candelmas and may/ whereof I have spoken sufficiently enough in the book of husbandry.   

¶ How to amend gorsty ground that hath been errable land. Cap. xxxi.  
yE shall understand that there be two manner of gorse/ and some men call them fyrse. One manner will grow on dry ground/ & that manner will grow as high as a man/ and have a great stalk as much as a walking staff. and if ye will suffer them to grow and fell them not/ by process of time when beasts go among them/ and specially in winter time for cold/ and in summer for shade that will cause them to die. And many times and long continual frost in winter will kill these manner of gorse: and when they be deed/ if ye plough the land again and sow it with corn when it lieth lay again/ the gorse will grow again. And the best remedy for growing again/ is to put upon such manner of pasture many sheep to eat it bore/ but in many places they set great store by those manner of gorse/ and specially for their fuel: & would not give an acre of gorsty land for two acres of errable land. And on that manner of gorsty land would grow good corn with little dung/ & it is more profit to plough it and sow it/ than to lie lay/ except he keep it for his fuel▪ and they grow most commonly upon dry ground/ somewhat sandy or gravel/ and Sheep is the most convenient cattles that may go upon such pasture.   

¶ How to amend gorstye land that was never errable land. Cap. xxxii.  
IF the ground be dry and grow full of such manner of gorse with the great stalks/ ye be at your liberty to do as I have said/ and if it be of the other manner of gorse or fyrse/ the which grow low by the earth and have but little small stalks. that manner of gorse groweth alway on wellspring ground somewhat moist and wet/ and it will never bear good corn/ but hew it up to bake and brew withal/ for it will not lightly be destroyed/ for if it be brende it will grow again. But and there be marvel underneath in the ground within the same close/ if ye make cost/ than bren the gorse at March/ and with a big and many oxen/ plough it and make small lands/ and than marvel them and sow them with oats/ for that corn will grow best on such ground. And if this will not serve it is past remedy/ for marvel mendeth all manner of ground but it is costly. etc.   

¶ How to amend bromy ground Cap. xxxiii.  
BRome groweth alway upon dry and sandy ground/ and it will bear good rye and oats but it will not endure to bear corn long/ without it be donged with the cart or with the sheep fold/ or both. And if ye let it lie lay & plough it not/ the broom will come again. and sheep is the best cattles to hold it under/ but nevertheless it will grow. When it is grown of a yard of height or more/ than it is good to bake and brew with/ and specially when a house is thacked/ to take the broom and make it in quarters of a yard long/ or there about/ and to prick them in to the thank by and by/ and cover the thank clean over/ and it shall both keep out weate and also save it from pulling down with crows/ pies/ daws/ or choughes: And if ye would destroy it when it is grown three or four foot of height/ than about saint james day fell it a foot above th'earth or more/ and than the stalk will die for a good season/ but if it be ploughed again/ it will grow as fast as ever it died/ when he leaveth ploughing.   

¶ How to amend heythy ground. Cap. xxxiiii.  
ye shall understand that there be four manners of height ground. s. height growing upon gravel/ and height growing upon sand. these two manner of heath grounds will bear no corn without moche dung or muck/ for seldom is there any marvel under that manner of height/ And in many countries where plenty of lime stone is/ the husbands do burn the lime stone with wood and secole/ and make lime thereof: and do set it upon their lands as they do their dung and do spread it in like manner/ the which they call moche better than dung/ for lime is hot of himself The other two manners of height/ is height growing upon white clay ground/ and height growing upon black earth/ that lieth low like marrys ground/ & underneath these two manner of height grounds/ there lieth most commonly marvel. Than burn the height and search for the marvel/ and dig it up and lay it thick upon the ground & spread it/ and than plough it and sow it. and it is much better than other lime muck/ or any manner of dung/ and lengar it will last and see that there be no water standing upon the said ground. etc.   

¶ How to amend mars ground. Cap. xxxv.  
THere is none other remedy/ but first to dreyne the water clean away. And this is a good main to dreyne the water clean away. First in the lowest close where the water may be best avoided: Make a great dyche and a deep/ that the water may avoid. And if all the water will not come to that great ditch but stand still in divers places/ th aūe make many small dyches one in to another/ from the said standing waters/ so that all these standing waters may come in to the great dyche/ and that by reason should dreyne the water clean. And in a dry summer ye may make many broad and deep ditches and sever the mars in divers pastures/ and make bridges over the dyches in to every close/ and divers lanes made like a causey to convey the cattles in to the pastures/ so that one causey or lane/ may serve the closes or pastures on both sides. And in the lowest place of every close or pasture/ make a trench or a little dyche in to the great dyche that goeth about. And this shall ye make by process good pastures of mars ground/ and ever the lengar the better pastures: and specially if ye put in moche cattles/ it shall make the better grass and the finer. And melche kine/ draft oxen/ and labouring horses/ is the best cattles to make good pasture on mars ground/ and sheep on dry ground/ for they will eat the ground most barest/ and that causeth the grass to be good & fine. And if this manner of diching will not make the mars ground dry/ than must you make a seek underneath th'earth as men do to get coal/ iron/ stone/ lead/ ore/ or tin And if that will not serve/ than keep out your cattles for fear of drowning. etc.   

¶ How to amend bromy ground and ferny ground. Cap. xxxvi.  
BRomye ground and fernye ground be much of one nature/ for they grow on sandy and dry ground: And they will bear good rye/ barley/ big/ or beyre/ and oats/ if they be donged with sheep/ cart or wain: For such light ground will soon wear and wash with water/ if it be not donged. And if they lie unplowed/ they will grow full of brone and fern/ and if ye will destroy the broom when it is grown three or four foot high/ In midsummer mo●ne or soon after when it is full blomed/ with a hedging bill cut the stalks half a yard above the earth/ so that ye leave no green stalk growing upon the rote and that will cause it to die. But and ye plough it again and after let it lie/ it will grow again. and if ye mow fern when it is young/ so that it be mown before midsummer/ by use of such mowing it will wear away.   

¶ Of chylturne ground/ flyntie ground/ and chalk ground. Cap. xxxvii.  
CHylturne ground and flyntie ground be light grounds and dry/ and full of small stones/ and chalk ground is moche of the same nature/ and they will wear & wash away with water. And therefore they would be donged/ as the bromye and fernye grounds be/ for marvel is seldom found in these manner of grounds. And therefore/ if ye want sheep and dung/ they would lie lay and rest them that they may mend with lying.   

¶ Of lime stone ground. Cap. xxxviii.  
LIme stone ground is very good/ both for corn and grass/ and yet in some places there will much height grow upon lime stone ground/ and that is long of ill husbandry. For & that height were burned/ ploughed/ & sowed the first year with oats/ and than falowed and sowed with wheat/ rye/ & barley/ and after with beans or pees/ it will bear moche corn with little dung/ and shall bear always after the better grass. And sheep is the best cattles that can go upon any of these six manner of grounds/ and best they will amend the grass/ and keep themself from rotting. And he that hath lymestone/ may bren it with cool and wood and make lime/ wherewith he may lime his ground & that will bring good corn/ or he may sell his lime at his pleasure.   

¶ What profits may come or grow to the lord by reason of his waters. Cap. xxxix.  
FIrst ye shall understand/ that there be divers manners of waters: that is to say standing waters/ as poles/ meyres'/ mottes/ and stews. And also ronning waters/ as great rivers/ small rivers/ brooks/ sucches/ welspringes/ and pits: than what perfect may come to the lord of them. The lord may set the fysshinges of all these said waters to his tenants for certain rend/ and he may reserve to himself certain fish/ or to fish certain times/ or at any time at his pleasure.   

¶ The manner to make divers manner of mylnes. Cap. xl.  
ALso upon these waters/ the lord may set divers manner of mylnes/ the which may be to the lords great ease and profit. As upon the great rivers/ corn mylnes that be called ground mylnes/ and they be called ground mylnes/ because the oversyde of the heed sylle lieth even level with the oversyde of the ground/ in the bottom of the water. And also fulling mylnes/ otherwise called walk mylnes/ may be made in like manner/ and stand also upon the great rivers. And than one wheel is able to drive two stocks/ that is to say/ both a potyer and a faller/ the faller both to scour and heresy/ and the potyere to thick the cloth. And commonly these mylnes be not set upon the great streams of these great rivers/ but a great part of the water is conveyed out of the great stream by a miln phlegm made with man's hand to a certain place/ where wisemen think the miln most convenient to be set/ & the said water to be holden up and brought to the said miln/ by reason and setting of a weyre overthwart the said stream/ made of trouse/ timber/ or stone/ or of both. And when it is palte the miln with a sufficient fall of the water/ that the miln stand not in back water/ to return in to the river again. and in many places/ the said mylnes be set on the one side of the great river/ and a weyre made of timber and stone to hold up the water to the miln/ the which is a great cost/ and many times it will stand in lack of water that it may not well go at a great stood/ except the ground work be made very high. But they be profitable both in grin ding of corn and fulling of cloth/ and in taking of moche fish. And in like manner these said two manner of mylnes may be set upon small rivers/ without any phlegm casting/ but all only his weyre to hold up the water/ and his flood gates to let it go at a flood/ when need shall require. Also there be other two manner of corn mylnes/ that is to say: a breast miln and an overshot miln/ and those two manner of mylnes be set and go most commonly upon small brooks/ and upon great poles & meyres. And they have always abroad bow a foot broad and more and the ladelles be alway shrouded with compassed boards on both sides to hold in the water/ and than they be called bokettes. And they must be set moche nearer together than the ladelles be/ and much more a sloop downward/ to hold moche water that it fall not out/ for it driveth the wheel as well with the weight of the water as with the strength. And the mylner must draw his water according to his bokettes/ that they may be always full and no more/ for the longer that they hold the water the better they be. Also another manner of fulling mylnes/ may be set and go upon the said small brooks/ pools/ or meyres. and those be called fallers/ for a faller by himself requireth not so great strength of water as the potyer doth/ because the water cometh most commonly over the wheel/ and the braces do butt have up the two feet that fall in to the stock upon the cloth/ the which causeth the cloth to thick and turn. Also these mylnes that be set and go on small waters/ may go and run with a gogyn of iron upon bulder stones or upon brass as a bell doth/ for that will go most lightest. But these mylnes that go upon these great rivers/ that be broad/ heavy/ and weighty/ must needs have two great thick hoops of iron four inches broad/ and an inch thick: and eight or nine inches between the sides/ set on both ends of the shaft/ for the gogyn of iron will not bear them/ and specially the fulling miln. And that miln that goeth with a gogyn/ yet must it have on either end of the shaft a hoop of iron and bulders under/ and if the gogyn feyle or wax lose/ but it shall not touch them both atones. And let the mylner take good heed both to the gogyns and hoops that they be not lose for than will the shaft ends burn of. For than he hurteth his lord/ his master/ or himself/ for miln shafts be costly. But in so much as there is great profit to the lords in making of these mylnes/ and the most rent is raised upon so little ground/ and oft times for want of the seed of discretion and experience of good making/ there be many defaults made in them/ and specially in making of the miln trough/ where the mylne wheel goeth/ for oft times they make it to hollow and deep under the wheel/ that the water standeth therein when the mylne goeth not/ for the tail syll would lie bare & dry when the myln goeth not. And the tail sylle would lie twenty inches or xxiiii under the heed sylle/ and the trough would not pass three inches hollow at the most/ and as long as it may receive three ladelles/ the fourth ladle entering the water/ and the fift ladle leaving the water. And the struck sylles both above and under would be of a good length/ so that the wheel come not nigh unto the draft gate be two foot or more/ for the further fro the gate the bigger and the swifter is the stream. And the lengar that the ladle is the better it is/ so that it have sufficient water. And than the mylner needeth not to draw up his gate so high/ as and the ladle be short/ for the ebber the water is the swifter it is. And a double bowed wheel is moche better than a syngle bowed wheel/ for many causes/ if there be sufficient water/ and better it will keep the ladels from losing. The ladle most commonly of a double bowed wheel/ would be three foot long and a foot broad/ and to draw up his draft gate nine or ten inches is sufficient: And than shall not the bow of the wheel be hid nor covered in the water/ and than it goeth swiftly. And upon the great rivers the ladelles may be an elne long/ but for the weight and drawing up of the draft gate. etc. The greater compass the wheel is/ the alas water will drive it: but it will not go so oft about as a little wheel will do. But the cog wheel in a corn miln/ is a great helper if it be well picked/ well cogged/ and well ronged/ six ronges & xlviii cogs/ are best for a great river. For than the miln stone goeth eight times about and the water wheel but ones/ and every rung keepeth his own cog/ et econtra. & changeth not on any side. And for a mean water six ronges and xlii cogs is best. And for the over shot miln six ronges and xxxvi cogs is best/ For the cog wheel may not be of so great a compass as the other cog wheels be/ And in all these picks/ every cog keepeth his own rung. And if ye put in any wheel a cog or two cogs/ more or alas: than as I have said. Than shall every cog change his rung at all times/ so that and it be not very truly picked it will not go well/ and if it fortune to break a cog as it is like to do/ it will then break many of them/ except he shoot down his draft gate shortly/ and likewise a wyndmylne. howbeit a wyndmylne hath never under xlviii cogs or liiii etc. but they must be so picked/ that every cog keep his own rung/ and six ronges are not profitable for they go let lie. Of horse mylnes I do not speak of the making/ for I have not th'experience of them as I have of water mylnes.  
¶ Also the lords and their tenants have another manner of profit by reason of these waters/ over and beside these manner of mylnes or fysshingꝭ/ and that is by reason of the watrynge of their cattles and beasts both winter and summer/ and specially of the running waters/ as rivers/ brooks/ sucches/ and welspringes/ for they done seldom freeze or never/ & they will be cold in summer and warm in winter/ and if a close want water it hath a great meame and is much the worse.  
¶ Furthermore it is convenient for a surveyor that when he hath surveyed his lords lands/ and seen what profits and approwmentes may rise and be made within the same/ that he show his lord thereof and advise him to do it/ and to make the cost. For it is undoubted/ that a man can not make no surer purchase of any manner of land/ better title/ nor lighter cost/ nor more advantage to himself/ than to improwe/ amend/ and make better/ his own old inheritance. I mean not by the heyghtning/ raising/ or increasing of the rents of their tenants/ but all only in mending and making better his errable lands/ meadows lay/ & pastures/ and in making of water mylnes/ wyndmylnes/ horse mylnes/ fulling mylnes/ sith mylnes/ cutteler mylnes/ be it by water or draft of horses/ smethy mylnes/ or such other. And also of getting of all manner of profits/ as well under the earth as above (as before is remembered) in the sixth chapter.  
And by the reason of these improwmentes/ me seemeth a man might make every townshyppe that standeth in the plain champion country and occupied in tillage/ half as good again in all manner of profits to the tenants as it was before. If the lords thereof/ & their tenants can agree of the costs that should be made thereof. And never a house nor cottage to be decayed nor let down/ and to have as much land in tillage and ploughing as there was before/ and their corn and grass should be better saved and kept from destroying.   

¶ How to make a townshippe that is worth twenty mark a year worth twenty li. a year. Cap. xli.  
IT is undoubted that every townshyppe that standeth in tillage in the plain country/ there be errable lands to plough & sow/ and lay to tie or tedder their horses and mares upon/ and comen pasture to keep and pasture their cattles/ beasts/ & sheep upon. And also they have meadow ground to get their hay upon. Than let it be known how many acres of errable lands every man hath in tillage/ & of the same acres in every field to change with his neighbours/ and to lay them together and to make him one several close in every field/ for his errable lands and his lay in every field to lay them together in one field/ and to make one several close for them all. And also another several close for his portion of his comen pasture/ and also his portion of his meadow in a several close by itself/ and all kept in several both in winter and summer/ and every cottage shall have his portion assigned him according to his rent. and than shall not the rich man overpress the poor man with his cattles/ and every man may eat his own close at his pleasure. And undoubted/ that hay and straw that will find one be'st in the house will find two beasts in the close/ & better they shall like For those beasts in the house have short here & thine and toward March they will pill & be bare. And therefore they may not abide in the field before the heerdman in winter time for cold. And those that lie in a close under a hedge have long here & thick/ and they will never pill nor be bare. and by this reason the husband may keep twice so many cattles as he died before.  
¶ This is the cause of this approument. Now every husband hath six several closes/ whereof three be for corn/ the fourth for his lay/ the fift for his comen pastures/ and the sixth for his hay: and in winter time there is but one occupied with corn. & than hath the husband other five to occupy till lent come/ and than he hath his fallow field/ his lay field/ & his pasture field all summer. And when he hath mown his meadow than he hath his meadow ground/ so that & he have any weak cattles that would be amended/ or divers manner of cattles/ he may put them in any close he will/ the which is a great advantage. & if all should lie comen/ than would the edysshe of the corn fields & the aftermath of all the meadows be eaten in ten or xii. days. And the rich men that hath moche cattles/ would have the advantage/ and the poor man can have no help nor relief in winter/ when he hath most need. And if an acre of land be worth six pens or it be enclosed/ it will be worth eight pens when it is enclosed/ by reason of the composting and donging of the cattles/ that shall go and lie upon it both day and night. And if any of his three closes that he hath for his corn be worn or wax bore/ than he may break and plough up his close that he had for his lay/ or the close that he had for his comen pasture/ or both and sow them with corn/ and let the other lie for a time/ and so shall he have always reist ground/ the which will bear moche corn with little dung. and also he shall have great profit of the wood in the hedges when it is grown. & not all only these profits and advantages beforesaid/ but he shall save moche more than all these: for by reason of these closes/ he shall save meat/ drink/ & wages of ashepeheerd the wages of the heerdman/ & the wages of the swynheerd/ the which may fortune to be as chargeable as all his hole rent/ and also his corn shall be better saved fro eating or destroying with cattles. For doubt ye not/ but herdsmen with their cattles/ shepeheerdes' with their sheep/ and tying of horses and mares/ destroyeth moche corn/ the which the hedges would save. Peradventure some men would say/ that this should be against the comen weal/ because the shepheerdes'/ herdsmen/ and swyneheerdes'/ should than be put out of wages. To that it may be answered/ though those occupations be not used/ there be as many new occupations that were not used before. As getting of quyckesettes/ dyching/ hedging/ and plasshing/ the which the same men may use and occupy. Also it may fortune men will say/ that and all should be enclosed/ that there would be many foul lanes as there be in Essexe: but for that there may be a provytion/ and that is thus. Where the kings high way is/ if it be dry ground/ stony ground/ or sandy ground/ in all such places may be lanes made of a convenient breed/ for the kings people to pass thorough with all manner of carriage. And where it is soft ground lying level/ that the waters may not well pass by the dichesse/ at every hedge that goeth overthwart the hywaye there to make a gate/ and stonne it or gravel it in that place. And than hath every man the hole close to ride/ carry/ or go in/ as they had before/ Likewise as they do at the wind gates a this side Chorley in lancashire/ and likewise between town & town/ and as to their own drift lanes to their closes/ let them make them for their own ease as they will have them. etc.  
THe most indyfferentest mean to make these approumentes/ as me seemeth is this All the lords of one town be there never so many/ should be all of one assent/ that their tenants should exchange their lands one with another/ & the said exchange to stand and endure for ever/ for doubt them not but they know it best, and every tenant for his own advantage will do it indifferently/ and the curate of the same parish for his part. and every lords bailie to be indifferent to see these closes lotted and assigned to every man's ease/ so that every man may have one little croft or close next to his own house/ if it may be/ though he have no land of his own. This done/ let every lord by his copy of court role or by indenture/ to make a sufficient lease to every of their tenants/ to have to him and to his wife and to his children/ so that it pass not three lives/ than being a live and named. yielding and paying to their lords and to their heirs/ the old rents and services before due and accustomed/ during those three lives/ upon this condition. That they shall do or cause to be done during their lives/ sufficiently to quick set/ ditch/ hedge/ and plash when need is/ all the said closes/ & so keep them during their lives/ the which will be a great charge to the tenants. But yet me seemeth they may well do it if they intend to thrife and specially do remember the profits that may come to them afterward. There is an old saying/ quod levis est labor cum lucro/ that is to say. That labour is light where winning followeth. and moche of this labour may be done by himself & his servants at a convenient time/ so that he let not his husbandry. It is to much to be done in one year two or three/ but and they may do it in six or nine years/ as the fields go about they high them well/ for it is to costly for husbands to hire it to be done. And the lords/ me seemeth can do no lass/ than to grant them these three lives of the old rent/ remembering what profits they may have at the end of their terms/ they know not how soon. For undoubted on set day cometh at last/ and though the advantage of the lords come not anon it will come at length. And therefore saith the philosopher/ Quod dffertur non aufertur/ that thing that is differed is not taken away/ and in the mean time the lords have no manner of loss/ nor yet make no costs but at their pleasure.  
¶ Ibi finis.   

¶ The author.  
GO thou little queare/ with due reverence  
And with an humble heart/ recommend me  
To all those/ that of their benevolence  
This little treatise/ doth read/ here/ or see  
Wherewith I pray them/ contented to be  
And to amend it/ in places behovable  
Where as I have fauted/ or be culpable.  
¶ For herd it is/ a man to attain  
To make a thing perfit/ at the first sight  
But when it is reed/ and well over sayn  
Faults may be found/ that never came to light  
Though the maker have do/ his diligence & might  
praying them to take it/ as I have intended  
And to forgive me/ if that I have offended.  
¶ Finis.   

¶ Thus endeth this little treatise/ named the book of Surueyeng and of improumentes. Imprinted at London in fleetstreet by richard Pynson/ printer to the kings noble grace. The year of our lord god. M.D.xxiii. the xu day of july. Cum privilegio a rege indulto.