And first J will beginne to declare of all maner Rentes .

Rentes of Lands , and Tenements holden at will . THere maye belonge to a Manour , Rentes of Landes , Tenements , Mesuages , Burgages , Cottages , Curtillages , Toftes Roueles , Tenements , milles , Douehouses , barnes , Stables , Gardeines , Orchardes , Parkes , Warrens , Meares , Waters , Pondes , Stagues , Fishinges , Meadowes , Cloases , Croftes , Fieldes , Pastures , Woodes , Groues , Heathes , Firzes , Moores , Marshes , Turbaries , &c. Graunted , to any persone , or persones , at the Lordes pleasure , or will , for some yerely rent , certaine , paiable , at two or fower feastes of the yere , vsuall by euen porcions . And suche parsons , are commonly called , Tenauntes at will , and these are remoueable , at the pleasure , and will of the Lorde , and these also , commonly are not chargeable , with repayring their tenementes , or holdynges , but they are punisheable for waste , by action of trespasse , if thei commit any in the same , and are straineable for their rente .

Rentes of Lands and Tenements holden for tearme of yeres . There may also belong to a Mannour yerely rentes , of any Landes , Tenements , Burgages , &c. ( as aforesaide ) that are demised , to any persone or persones , by Indenture , or without Indenture , or writing ( by worde or parolle onely ) for tearme of yere , or yeres , for some yerely rent , certaine , paiable , at twoo , or fower feastes , of the yere , by euen porcions , and suche parsons , are called Tenauntes , for tearme of yeres , and are bound , to suche reparacions , and other duties , as the couenauntes , or promises in their leases doe containe , and they are chargeable with waste , if they doe commit any , and are strainable , for their rent of common right , or maye bee iustly sued for the same , by action of debte if it be arrere . And suche are not bounde to appeare vpon Iuries at Westminster , nor at Assises or Sessions , vnlesse they may Dispende .xl. s. of Fréehold otherwise .

Rentes of freeholde Landes . Also , there may belong to a Mannour , rentes of Fréeholders , that holde their landes , Tenementes , or hereditamentes , of the lorde of the Mannour , some in Capite , by knights seruice , escuage vncertaine , or Graundsergeauntie , and some by Soccage or Burgage tenure , by paiyng yerely a Rose , a pounde of Pepper , or Capons , Hennes , or suche like , and some ( both the Fréeholders ) Tenauntes in Capite , and Tenauntes in soccage ) paie a yerely rent besides their seruices , and some time no Rent . And suche Landes and Tenementes , &c. thei haue to them and to their heires , and the same is commonly called Freeholde , and those Tenauntes and Tenauntes for tearme of life , are alwaies called Fréeholders . And sometyme also , they holde by certaine Seruices . And euery suche Tenaunt , oweth fealtie to their chiefe lorde . And suche Tenauntes alwaies , if thei maye dispende by their said Tenementes , xl . s. a yere or aboue , are likewise chargeable vpon Iuries at Westminster hall , and at Assisses , and Sessions , and may also impleade , and be impleaded ( if occasion so require ) for their Tenementes , at the courtes at Westminster without the lordes licence as aforesaied . But suche Tenauntes are not commonly chargable with wast , if they doe any vpon their said fréeholde tenementes , tenaunts for terme of life onely excepted . And you must note there are sondry kindes of frée holders . Some hold their lande by Charter , some by newe Feoffamente , and some by olde Tenure , and by many maner of rents , Customes and seruices . And some be Tenauntes in fée simple , and some Tenauntes in taile , and many suche like , and may holde their Landes by diuers customes , seruices and tenures , as by homage and fealtie , and as I said before by knightes seruice , graundsergeanty , petiesergeauntie , escuage , Frankalmo●ne , Homage auncestrell , tenure in Soccage , Burgage , and villanage : for the further knowledge wherof , I referre you to maister Littleton . And note also , that the Lorde of suche Tenauntes , if he haue any rentes , customes or seruices , detained from him , whiche he can by any euidence , rentals or Court Rolles , proue a possession therof , in himself , or his Auncestors since the limitation , in the statute of Westminster , the second : Then hee may lawfully distraine for the same . And these Tenaunts be straineable by their Lordes , if their Rentes or seruices be arrere , vnpaied , or vndon . And also a writ of Cessauit , lieth against them , if occasion so serue . Also the Lorde maie haue a writ of excheate , if any suche tenaunt doe commit felony , or dye without Heires generall , or speciall . And such Tenaunts , doe commonly paie , a releefe to the Lorde at euery alienation , exchaunge or death of any tenaunt of the same . And note also , there may be also forrain fréeholders , whiche holde not of the Mannour , and yet holde of the Lorde . And it is further to be specially remembred , that all suche Tenauntes as holde any Landes , tenementes or hereditamentes by charter , déede , or Indenture , for the tearme of their owne liues , or by le curtyze de angleterre , or for the tearme of another mans life , are alwaies Fréeholders .

Rentes of Lands holden by auncient demeane . There may bee also belongyng to a Mannour , rentes of Landes , tenements and hereditamentes , holden of the Mannour , by custome , called auncient Demeasne . And in some places the whole Mannour is Auncient Demeasne . And the tenaunts also paie some a Rose , some a pound of Pepper , some Capons , some Hennes , and suche like , both with an yerely rent in money , and some without a rent , and by certaine homage , and fealtie , and suche seruices . And the Tenauntes of suche Landes and tenementes , haue the same to them and their Heires , accordyng to the custome of auncient demeasne . And such Tenauntes can not impleade or bee impleaded for their Landes or tenements , in any other court , but in the Lordes courte of the Mannour , without the Lordes licence . And these Tenauntes , are not chargeable vpon Iuries at Westminster , or at Assises , or Sessions , vnlesse they may dispende other freehold landes of xl . s. a yere . These Tenauntes also , are straineable , if their rentes be arrere . If they commit waste , they forfeite their Tenauntries by their custome . These Tenaunts , paie commonly at euery alienation , death or exchange , a fine certayne , by their custome . In some Mannours suche Landes are heritable , in some Mannours not .

There may be also belongyng , to a Mannour , Rentes of other Landes , Tenementes , Mesuages , Cottages , &c. ( as aforesaid ) that are customary and demised to any Tenaunts of the same Mannour , by copy of court rolle , at the will of the Lorde , accordyng to the custome of the Mannour there , either by the verge , rodde , or otherwise . And in some Mannours , the tenauntes , holde their saide customary tenements , to theim and to their heires , in fée Simple , or in fée tayle , by copy of court Rolle , and in some Mannours , for tearme of yeres , and in some Mannours for tearme of thrée liues , accordyng as the custome of euery Mannour hath bene tyme out of mynde of man vsed . And these lands , be properly called Copie holdes or customarie tenements . And in some place they bee called olde aster lands . And in Somersetshire , Deuonshire , Cornewal , Dorsetshire and Glocestershire ( where most Mannours haue commonly those customarie Rente seruice which is properly all such landes as are holden of the lord by Fealty , and certaine rent , or by homage , Fealty , and Rent , or by any other seruice , and certaine rent , of which nature are these , of customarie Landes and Tenementes holden by copie of Courte Roll at will , according to the custome of the Mannour &c. Landes . ( suche landes and Tenements are there called Bargaines ) and these cannot impleade or be impleaded , for their tenementes out of the Lordes courte , of the Mannour whereof they are holden without the Lordes licence , neither are they chargeable vpon Iuries at Westminster , nor at Assises , or Sessions , vnlesse they may also dispend other fréehold , of xl.s. yerely or aboue . Also if these Tenauntes commit waste , they commonly forfeite their landes , to the Rentes Lorde . And these tenaunts cannot sell , alienate nor exchaunge , their Landes by Déede , Fine , or Feoffament . But must surrender the same into the Lordes handes before the Stewarde ( or in some place in the presence of twoo other Tenaunts of the Mannour ) to the vse of hym or theim that shall haue the same lands , be it in fée simple , fée taile , for tearme of life or yeres , accordyng to the custome of the same Mannour . And that persone that should haue it , muste in the Courte take of the Lorde or his Stewarde , the same Landes and Tenementes so surrendred And these Tenauntes are euer also straineable , if their Rentes bee arrere . And they also paie commonly at euery alienation , death , or exchaunge , and surrender of their Tenements a fine ( in some Mannours certaine and knowen ) but in moste Mannours vncertain and at the Lordes will , as he or his Surueiour , or his Stewarde beyng thereto auctorised , pleaseth to assesse the same , with the agrement of the Tenaunt that taketh it . And in moste Mannours these Landes are heritable . And note speciallie for a generall Rule , that there may bee of Customarie , or Copie holde Lande , all maner of like estates , as there maye hee , of free holde lande , at the common lawe .

Rentes of customarie lande , holden by custome called tenaunt right . There are also Rentes , of muche like nature , of customary and copie holde Landes , and Tenementes belongyng to Mannours , in diuers places , and specially in the Counties of Yorke , Westmerland Cumberlande , Chester , Lancaster , and the Bishopricke of Durham , and some other Counties , dimised also accordyng to the Custome of suche Mannours , to the tenauntes of the same , in some places to hold to theim and their heires , and next of kinne , so long as there is any of the same stocke , kinred or linage remainyng . And in some Mannours , but onely so long , as there is any lefte of the name , and they commonly call suche holdinges in those places , Tackes , and in some other places , they are called Tenaunte rightes . And these also can not impleade , or be impleaded out of the Lordes Court , of the Mannour , for their Landes or Tenements without the Lords licence , nor are chargeable vpon ●●●ries , at Westminster , or at Assises , or Sessions , excepte they maye dispende yerely xl . s. of other freeholde land , as is aforesaide . These also commonly by their custome , forfeite to the Lord , their Tackes or Holdinges , if thei commit any wast . They are also strainable for their rents , if they be arrere . And the Fines ( vpon euery exchaunge or death of tenaunts is in fewe of those Mannours also , certaine and knowen . But in moste of those Mannours , vncertaine , and to be assessed , as the Lorde or his Officer , and the Tenaunt can agree for the same . And commonly also their said Tackes , Tenaunt rightes or holdings are heritable .

Memorandum , no maner of parson , can make his Landes , Copiholde , or Custumarie at this presente daye , vnlesse the same haue bene custumarie lande tyme out of mind of man vsed . But a man may make Copiholde , freehold , euen at this daie .

Memorandum , Also there may be , belonging to a Mannour in one shire or place , yea and parcel of the same Mannour , diuers landes and tenementes in other Tounes , and sometyme in other Counties , a greate distance from the Mannor , and aunswerable , and to be valued in the value , or accoumpte of the same Mannour , and as parcell of the same .

And now that I haue treated of Rentes , of Landes and tenements , and hereditamentes at large , in a generalitie , whiche doe or may belong to a Mannour , I will nowe touche in a specialtie the nature of certaine Rentes , of seueral names or kindes which are contained also in the compasse of the Rentes aboue generally declared , and yet , for your better instruction ) hereafter particulerly touched , whiche are these ensuing , and suche like .

Redditus Agistaments & herbagij . Rent of Iuistement , or herbage , is where a Tenaunt holdeth , or occupieth onelie the feeding , grasing , or pasture , of a Parke , or anye other grounde , paled , or encloased , wherein anye Deare , or suche like are : and commonly the Tenaunt of such Iuistement or herbage in some place muste put but a nomber of cattaill certaine , and at some speciall times of the yere , and perchaunce but the Tenauntes beastes of the Mannor onely , & in some other place the Tenaunt may put in beastes saunce number , and when hee will , and yeldeth a yerely rent for the same .

Redditus molendinorum , cuiuscunque generis . Rent of milles , is where the Lorde of a Mannour hath belongynge to his Mannour any maner of corne milles , horsmilles , watermilles , windemilles , or quarnes for grain or other milles , as smithmilles , yron milles , fullyng milles , Sieth milles , cutler milles , Tinne blaste milles , Lead blaste milles , or suche like , and hath lett the same to hys Tenaunt , at a Rente , or hath demised the Socome , which is the grindyng of his customarie Tenauntes Corne , at his Corne mille to any person for a yerely rent , &c.

Redditus Garborum & feni . Rente of Corne , or Hay , is where the Lorde hath graunted any Landes , or Tenementes to his Tenaunt , yelding the yerely rent of some certaine nomber of corne , or Haie . Also it is properly , where a Tith is impropriated , to a Mannour , and the Lorde hath demised the same to his Tenaunt at a rente .

Redditus Piscariorum . Rent of Fishings , is wher the Lord of a Mannour , hath demised to any parson , any Weares , Garthes , or suche like in any Creeke , Riuer , Meare , Poole , pond , or common Sewer or seueral water , or suche like , or the fishyng called the Kettels at the sea side , or the dredgyng of Oysters , Muskels or Cockles in any Crekes , or other places , within his Mannour , at a yerely Rente reserued , for the same . And note , that if any Fishe the seuerall waters of the Lorde , without the Lordes licence , the Lorde may bring his action against the partie , vppon the statute Westminster the first .

Redditus Cignorum . Rent of Swannes , or for Swannes , is where the Lorde hath great Riuers , Meares or fennes , and hath Swannes breedyng within the precinct of his Mannour , and hath demised them to a tenaunt for a yerely rente reserued : this rent is muche in vre in Lincolneshire , Cambridgeshire , &c.

The like Rente , maie be and in some Mannours , is of Herneshawes , Shouelors . &c.

Redditus Mineralium . Rent of Mines , is where the Lord of a Mannour , hath demised any Mines of Tinne , Lead , Copper , or Coale to anye of hys tenauntes , therefore reseruing a yerely Rente , out of the same , or any other suche like Mines .

Redditus Quarrium . Rente of Quarries , is where the Lord of a Mannour , hath likewise demised anye Quarires of Free stone , Harde stone , or of Marble , Slate , Whetstones , or suche like , or of Grauel , Sand or Chalke , or suche like to any Tenaunte , reseruing to hym out of the same an yerely rente .

Muche like this rent , is the Rente of a peece of ground hauyng slimy or Clayie Earthe , whereof Rentes of all natures or kindes . Bricke & Tyle is made , when it is let to a Tenaunt at an yerely rente . Rent of frée Warrens , is where the lorde of a mannour , hath in his Parke , Wodds , Heathes , Commons , or other grounds , wast or seueral , any Warren of Conies , Hares , Herneshawes , or anie other beastes , or foules , & that he either kepe the warren in his owne handes , or demiseth the same to any parson , at a yerely Rent . Redditus liberorum Warrennium . And note , that if any parson kill anye suche his game , within the Lords ground , the Lorde maie haue an action of Trespasse against hym , at the common lawe .

Memorandum , no man can haue a frée Warren , but he haue the same , by the Kynge , or Quéenes speciall graunt of Charter , except it haue bene vsed time out of mynd and allowed before Iustices of Oyer .

Annuall rent of pencion , or porcion , is where , there Redditus pencionum & porcionum . is any yerely Rente , or pencion in money , or other Portion goyng or growyng due , out of any other lordships or Mannours , Landes or Tenements , Parsonages , Vicarages or Tithes , belonging to a Mannour , and before time graunted to the same Mannour by some composition , or for some liberty of waie , watercourse , or suche like . Some accompte this no Rente .

Redditus operum custumariorum . Rent of workes , is commonlie where the customarie Tenauntes , of a Mannour are bounde by their custome to help the lorde in Sowyng tyme , Mowyng tyme , or Harueste , some with thrée Daies worke , some with fower daies worke , some with moe , and some with lesse , accordyng to the custome . And where the lorde is agreed , or at composition with euery of his Tenauntes for a yerely rent for the same , or els hath demised the whole day-works of the whole mannour to some one tenaunt , at one certaine and entire yerely rent reserued , then is suche rent called Redditus operum custm̄ . Els is it no Rente .

Redditus pro licentijs . Rent yerely reserued for licences , is where the customarie Tenauntes , by their custome can not let or set their landes aboue a yere , or but from three yeres to thrée yeres . And that they giue the Lorde a yerely rente , to licence theim , to lett or sett the same for moe yeres or longer time . And also it is where the customarie tenaunt cannot stocke a woodde , or till his Laie ground , without the lordes licence , and for the licence herof , yeldeth an yerely rent . But in some Mannours the Tenaunts geue but a Fine for the same , and no yerely rent .

Rent called newe rent , or encrease of Rente , is where the Lord hath suffered his Tenauntes , or any of theim to builde or Nouus Redditus . sett anye Walle , Barne , stalle , or House , vpon any parte of the Lordes wast , or some , or that the Lord hath graunted any Tenaunte to encloase anye parte of his common or wast ground , or such like , and reserueth to himselfe an yerely Rente for the same and suche like .

Memorandum , there are some kindes of Issues , and yerely Profites arising in some Mannours , which are not properly called rentes , because of ther vncertaintie , because some yere they may bee more , and some yere lesse , and suche are these foure ensuyng , and their like , and where they are certaine , they are in nature of rentes .

Proficua nundinarum siue mercatuum . Rent or yerely profite of Faires and Markets is wher there is any Faire kepte within the Mannor , once or twise a yere , and the Lorde hath demised the profites of Bothes , standinges , Tolles , and such like profites , of the Faire , at a rent , to any of his Tenauntes . And in like maner of profites of Bothes , standinges , shambles and tolles or other profits of a wekely market , kept once or twise a wéeke within the Mannour .

Venditio boscorum & Subboscorum . Profites of woodsale , is where somtymes the LORD of a Mannour doeth make a yerely sale of his woodes , and somtyme it maie be a yerely rent also , when the lorde of a Mannour , hath lett to Fearme at a rente , to some of his tenauntes , the sale of a greate Woode , whiche is perchaunce growyng in his Common or waste , or suche a Wod wherof he kepeth the herbage for hymself , or other his tenauntes , and reserueth an yerely rente , and in like maner maie it bee of Bushes , Thornes , and gorsse . &c.

Rent or profit of Heath , Furses , or Turbarie is euen like , where sometymes the lorde of a Mannour doeth either make a yerely sale of the same , Venditio Iampnorum , Bruere & Turbarie &c. or els let to Fearme the Furses , Heath , or Turues of some Moore , or enclosed ground , to some of his tenauntes , for Fewell at a Rente . And in like maner it is in some Mannours of Broome , & Fearne , or Brakens . &c.

Pannagium Porcorum . Pannage , is where the lorde of a Mannour hath a Parke , or some greate woods , that hath store of Maste , of Oke , Bech . &c. and hath vsed to take of his tenauntes , for euery of their Swine that shal goe there betwene Michaelmas , & Martilmas , in some place i. d. a peece , in some Mannour ij . d. a péece &c. by his Bailie or Fermer of the same Mannour , who either yeldeth a yerely rente therefore , or els a yerely accompte of the saied Pannage to the Lorde . &c.

There maie also belong to a Mannour , Rent charge , whiche is commonlie where the Lorde hath alienated , or graunted some parte of Rente chardge his Mannour , or Landes , to any persone and his heires in Fee , by Indenture enrolled , Fine , or Feoff●mente , or otherwise : Reseruyng a yerely rent to hymself , and his heires , paiable at .ij. or .iiij. Feastes of the yere , and in the same graunte therof , hath put a prouiso , or clause of distresse , that he maie lawfullie distraine , if the Rent bee arrere , after any feast of paiment , in whiche it shal be due . Also euery Fée ferme , where the Lorde maie distraine for his rent , if it be vnpaied , is a Rent chardge . And a rent chardge can in no wise be apportioned , if the grauntée or his heires , doe purchase any of those landes , that are chardged with suche rente : the grauntee and his heires may be chardged in persone for this rente , vnlesse there be expresse woordes in the Deede by prouiso made to the contrary therof .

Rent secke There may also belong to a Mannour , Rent Secke , whiche is alwaies where the Lorde or his auncestours , Lordes of the same Mannour , haue graunted to any person , any parcell of Lande , to hym , and his heires , in Fee simple , or in fee taile , with remainder ouer to an other in Fee or suche like , reseruyng a yerely Rente . And yet in the saied graunte , or writyng thereof made , there bee no clause of distresse , or prouiso of Reentrie : that the lorde may distraine , or reentre for non paiment of the Rente , if it be behinde vnpaide after any feast or day of paiment . And therfore it is called a drie Rent , because it can not be strained for : And if the persone and his heires , to whom the Rent , Seche is graunted , or reserued , had neuer season therof , he is as some men iudge , nere without his remeadie for recouery therof . But if he haue had once season thereof , he maie recouer it well enough , by a Writte of nouelle Disseason at the common lawe .

Annuall Rente . There is also an other maner of Rent , called annuall Rente , whiche is commonly when a man graunteth to an other by Deede , an Annuitie of x. s. or xx . s. a yere , or suche like , more or lesse . And that there is in the Deede , no lande charged , with , or for , the paiment thereof . This rente is neither Rente charge , rente seruice , nor Rente secke : ( and it chargeth the persone of the graunter , by writte of Annuitie ) as some mennes opinion is thereof .

Demaines , princiyallie is the Mannour place , whiche is sometyme called the halle place , somtyme the halle courte , sometyme the Mannour house , &c. with all the houses , buildynges , edifices , Barnes , stables , roomes , courtelages , and yardes , & courtes to the same adiacent , or with in any wall , or preciucte of the Scite of the same .

Also the Douehouses , and all Orchardes , Gardens , Pondes , Pooles , Motes , Stagnes , walkes , and like places , adioynyng to the Mannour house , or neare the Scite of the same , are commonly also parcell of the Demeanes .

Also all suche Landes , Meadowes , Pastures , Féedyngs , Closes Croftes , and enclosures , as the Lorde of the Mannour , hath commonly vsed to manure or keepe in his owne handes , or occupation , together with his Mannour place , is also commonly parcell of the Demeasnes .

Demaines of a Mannour . In like maner , a Parke , or any Woodes , or Groues , or any Meares , Riuers , Pondes , or Fishynges , maie bee parcell of the Demeanes of a Mannour , if the Lorde or his auncestours , haue tyme out of mynde of man , occupied the same with his Mannour place .

Also ( some exempte ) Wastes , Moores , Marshes , Fennes , and also Turbary , which may be parte of the Demaines , if the Lorde haue vsed tyme out of minde , to occupy them in his owne handes .

And finallie , for a generall rule , all those landes , tenementes , and her editamentes , are commonly called , knowen , and taken for Demeisnes whatsoeuer the Lordes of any Mannour , or Lordshippe , and their auncestours haue béen accustomed , tyme out of memorie of man , to occupie in their owne handes , with the Mannour place or hedde haile house of his Mannour .

Memorandum , by the better opinion of the learned in the Law , no Demeasnes can at this daie , bee demised by Copie , but by Indenture , vnlesse the same haue been so vsed to be let , time beyonde all mennes remembraunce . Quaere .

Fines terrarum . Fines of landes , is commonly where any Copiholde lande falleth into the lordes handes of the Mannour , or into his disposition , by death of tenauntes , excheate , forfeiture , or otherwise . And the Lorde or his officer graunteth the same to any Tenaunte , for tearme of three liues , or for yeres , or to hym and his heires , or by tenaunte right , accordyng to the custome of suche Mannour , whereof the same is holden , and for suche customable rent , and seruices as before hath been accustomed . And for suche estate to bee had in the same , the Tenaunte commonly geueth the lorde , some summe of money , whiche is called his Fyne . And somtyme suche customarie fines in some Mannours , are alwaies one , and certaine , and neuer augmented : And in some Mannors , their Fynes are moste commonly vncertaine , and at the choise of the Lorde , how much he will take .

Also when the Lorde of a Mannour letteth a peece of Lande customarie , or not customarie , by an Indenture or Lease , for tearme of life , or yeres , to any person , and reserueth an yerely Rente , and taketh a fine , or income for suche graunte , or demise : the same is also called Finis terrarum .

Also where one Copie holder , will , or doeth make surrendour of his tenemente or holding to an other , and giueth the Lorde a Fyne for the same Surrendour , it is also called Finis terrarum .

Also where a Tenaunte giueth the Lorde a Fine , to licence him to Ti●●e and ●are his laye grounde , or to let or set his customarie Lande to an other for yeres , by Indenture , or otherwise and suche like , it is commonly entred emong the title of Fines terrarum .

Amerciamentes are also parcell of the perquisites of courtes , and are diuerse , and they are all Summes , Penalties , and mīas , wherein the Tenauntes are amerced , by the Homage or Ferro●s , of euerie Courte , Lete , or lawe daie of a Mannour , for lacke of suite of Courte , and other sondrie faultes , and offences .

And as when they be Fréeholders , or Copie holders , and owe Suite of courte to a Mannour , and make defaulte , or bee absent at the Lordes Court , and be not there , and be therfore amerced .

And some suche fréeholders , are at their fine certaine , for their suite of Court , and that is called communis finis , which common fine is set on the heddes of suche Suiters , in the margent of the courte Rolle .

All other Suiters , that are not at their comen Fine for Suite of Courte , are amerced for their absence , by the title of miam . vppon their heades , in the said margent of the court Rolle .

Amerciaments of al sortes , for Suite of court , common trespasses , &c. Likewise , when any tenaunte hath bene commaunded by the Court , Surueior , Stuarde , and homage , to amende an high way , or to repaire a bridge , or to repaire his custumarie holding , or tenement , by a daie assigned , or to auoide some 〈◊〉 parson , out of his house , or to yoke and ring his Swine by a daie vpon forfeiture of a paine and doth it not . And the same , at the next court be presented by the homage . Then the same default is an Amerciament , when it is totted commonly ouer against the●● heades in the le●ee that gente vnder the 〈◊〉 of ●●●ā .

And Tenauntes being amerced , for not re●●●uing their Mix●ns , or dounghilles , out of the high waie , by a day or for not making their Hedge or Soyse , by a daie ▪ For not pollyng their 〈◊〉 hanging ouer an high waie , and letting carriadge , by a daie , or for not auoiding their ho●●des , or grathoundes by a day ( if they cannot Dispend xl . s. by yere , according to the Statute ) or for breaking and ca●●yng awaie the Lordes Pales , or hedges , or for Suffering their beastes to wander in the highwaie , or to destroie the Lordes woddes , or for not ●a●yng open againe by a day , a way by the Tenaunt before wrongfullie encloased , or for ●uenyng of any streame , brooke or water , out of his right or el●● course , or for cutting doune , any custumar● woddes , without the Lordes licence , or for remouing any markes or me●re stones . All these and manie moe suche like , are called Amerciamentes when the Tenauntes are amerced by seueral paines with the title of miam .

Also the amerciaments of Bakers , Bruers , Butchers , and Tipplers , for not keping the Assise , are totted on their heades , with the title of miam .

Also all suche persons , as do commit fraies , or bloudsheds , in any Manour , and presented , are amerced with the title of miam .

You must specially note , that there are twoo maners of Herriottes one called by the name Heriot Custome , & another called by the name of Herriot Seruice . Herriot seruice is euer expressed in a mans graunte or déede , and the other is , wheras Herriottes haue béene paied time out of minde by custome . And now to the description of an Herriot .

Parquisites or casualties of Courtes , belonging to a Mannour . An Herriott is properly called the best Oxe , Cowe , Horse , or other thing , that the Lordes Tenaunte holdyng of a Mannour , hath when he dieth . Whiche Herriot after the Tenauntes death is commonlie seased to the Lordes vse , by the Bailife , Reue , Beadle , or Borseholder , of the Mannour , and is commonlie , or ought to bee presented by the Homage , or Herriottes sworne Tenauntes of the Mannour , at the nexte Courte , Lete , or Lawdaie , of the same Mannour to be holden .

And if the Tenaunte haue no quicke good , then the Lorde will haue the beste dead good , that his Tenaunt hath when he dieth , for his Heriot .

And in some Mannours , if the Tenaunte , do voluntarily depart out of his house , or ferme , not discharged of the Lord , he shall paie to the Lord his best quicke good , nomine Heriotte . Also in some Mannours , the Tenaunt shall paie his farewell , to the Lorde for his departing , whiche is called his fare fée , or farewell , and that is in some places two shillinges , and there also the tenaunt must before his departing doe all maner of reparations .

Relieffes . A Relief is after the death , chaunge , or alienation of euerie Fréeholder , or of a Tenaunt by auncient demaisne , and ought to be paied to the lord , as a knowledge . And the relief in some place , is the whole yeres Rente of the Fréeholder , or Tenaunt so doyng and in some place or Mannour , it is but halfe the yeres rent by custome . A Reliefe is alwaies to bée paied at one whole paiment . Also , for the same the Lorde may straine of common right , in euerie parcell of lande , if it be vnpaied .

Also if a Fréeholder hold of the Lord of the Mannor by knights seruice , his Heire being of full age , the Lorde shall haue of the Heire for euerie Knightes fée . C. s. nomine Releuij . And if the Knightes Fées bee more or lesse , Then the Tenauntes Relief to bee aportionated thereafter .

Waiues , is commonly where a Theefe hath stolne certaine goodes , and Cattailles , and brought them into a Mannour , and then by Waiues . reason of pursuite , fléeth awale , leauyng the said goods and cattailes within the iurisdiction or circuite of the Mannour . And then are thei the lords of that Mannour , and are to be seised by the Bailife , or Rent there , to the lordes vse , and are to bee presented at the nexte court , to be holden within the same Mannor .

Straies . Straies , is where any Horses , Coltes , Oxen , Rine , Swine , or other cattailes , do come or straie , and there doe tary one yere , and one daie , and the owner fetche them not , and that the same straie haue been Proclaimed , three seuerall Sondaies , in three of the nexte Parishes , and three tymes at the nexte markette toune , nexte by the Mannor , then thei are the lords , and thei are alwaies presentable at the nexte Courte , after the straie happeneth to come into the Mannour .

Forfeitures . Forfeiture , is wheras any tenaunt holdeth any Copie holde , or Customarie Lande of the Lorde of any Mannour , and for non paiment of his rentes , customes , or seruices , or by sellyng of the woodes of his Copie holde , or by lettyng the houses goe doune , or by makyng waste , or by alienatyng , lettyng , or settyng his customarie Landes , without the Lordes licence , forfeiteth his Copie holde Lande , into the Lordes hande , whiche is to be so found by the presentment of the homage , at the next Courte thereto bee holden , and to bee seased into the Lordes vse : Also tenauntes by deede indented for life , or yeres , maie forfeite their estates .

Excheates Excheates is commonlie , where a Freeholder of a Mannour committeth Fellonie , then after the Kyng hath had the yere & daie , the Lorde shall haue the Lande by Excheate . Likewise if a Tenaunt doe dye , without lawfull heires generall , or speciall , his lande Excheateth to the lorde of the Mannour , whereof the same is holden , and this is commonlie of Free holders , and of Tenauntes by aunciente Demeasne . And the Excheate is alwayes to bée presented by the homage , at the next courte of the Mannour then to be holden .

Plees and Processe of Courtes . Plees and processes of Courtes , or where the Lorde of a Mannour in his Courte , Lete , or Lawdaie , or three weekes Court , holdeth Plea of his Tenauntes , for their landes holden of the saied Mannour , or for any debtes , trespasses , or sommes of money , vnder the value of xl . s. debte and damage .

Memorandum many other thynges maie be accompted , or noumbred emongest perquisites , if the same growe but casuallie , and not yerely .

Wardes . Is where any Free holders hold of a Mannour in Capite , Escuage , vncertaine , Graundsergeauntie , or otherwise by knightes Seruice , and dieth his heire male , beyng within the age of xxj . yere , and his heire Female beyng within the age of .xiiij. yere . Then the Kyng , or Lorde of the Mannour , or of whom suche Lande is holden , oughte to haue the wardeshippe of suche heire : that is to saie , the garde , and custodie of the bodie , and landes of suche heire , vnto their full age . And also the mariage of suche heire , if thei happen then to bee vnmaried . And as for the residue of the vnderstandyng of this pointe , I referre you to the instruction of the lawe .

Patronage of a Churche , is where the Lorde of the Mannour is verie vndoubted patrone of the Parsonage , Vicarage , frée Chappell , &c. belongyng to his Mannour , and maie , or ought to giue the same , when , and as often as it falleth voide .

Presentation , is when the lorde maie present any lawfull Clerke , to any Parsonage , Vicarege . &c. continually , or but at euery second or thirde auoidaunce , by force , or in the right of his Mannour .

Patronages , presentations , nominations , and aduousons of parsonages , vicarages , prebendes , Churches . &c. Nomination , is where the lord or any other , maie in the right of his Mannour , or otherwise , nominate a condigne Clarke , to any Parsonage , Vicarage &c.

Aduouson , is where the Lorde maie , or hath graunted , or giuen his right of presentyng , or nominatyng Such thinges are appendaunte , regardaunte or exspectante , to a Mannour , are these . of a Clarke to any Vicarage , or Parsonage , &c. in the life of the Incumbent , or Parsone of the same Parsonage , or Vicarage , &c. The same graunt or Aduouson to take place , immediatly vpon , or after the nexte aduoydaunce of the same , be it by death , Depriuation , Surrender , or Sequestration of the Parson , Vicar , or Incumbent of the same .

And note , the lorde maie graunt out twoo , or three Aduousons of one benefice , the one to take place after the other .

Villaines , and Nieffes , is where Bondmen , and Bondwomen belong to a Mannour , the bondman is called a Villaine , and the bond-woman is called a Nieffe . And in some Mannours all the Tenauntes are Villaines and Neiffes , and then is it saied that lande is , a tenure in Villanage .

Villaines & Nieffes . Note , the proper Landes of a Villaine and Neiffe , and all his goodes , and cattaills , are the lordes , to whom he is Villaine , if the Lorde so please , vnlesse he haue made than a Manumission , or that thei bee enfranchised otherwise . There are sometymes Villaines engrosse , whiche are neither regardaunte , nor appendaunte to a Mannour : but the Lorde or his Auncestours , haue boughte the same and therefore thei are called Villaines engrosse : their landes , goodes , and cattalls , are likewise at the Lordes pleasure and disposition .

And as touchyng other thynges , that be appendaunte to a Mannour , some maner of Commons are appendaunte to a Mannour , aswell as appurtenaunte .

Also Free Warrens , in some place maie bee appendaunte to a Mannour aswel as appurtenaunt .

Also euery Mannour , hath commonly his peculie● seuerall customes , and priuiledges belongyng to the same .

The description , what a custome properly is . And it is to bee specially noted , there can be no custome , vnlesse it haue been vsed , time out of memorie of man : and all suche customes as hee of that continuaunce , bee lawfull , so long as thei be not vnreasonable , nor haue any inconuenience that bee against reason . And note also , that no man can at this daie make , or bryng vp any newe custome , but the same muste be of auncient tyme but of mynde of man vsed , as is aforesaid , or els t is no custome .

And for as muche , as the sondrie customes of all Mannours , cannot bée recited , yet for enstruction sake ( emongest many ) I will now note a fewe , moste common .

Some Mannour hath a custome , that surrendour can not be made of Landes holden of that Mannour , but to the Stewarde hymself : and yet in some Mannours it maie be doen to twoo of the Tenauntes , or Homage of that Mannour . And in some Mannour , he Surrendour muste bee made by the circumstaunce of deliueryng a rod , strawe , or mote , els is it a voide surrendour and in some Mannours it maie bee doen without it .

Also in some Mannours the Tenauuntes cannot lease , or set their landes aboue a yere , without the lordes licence , vpon paine of forfeiture of the same . And in some Mannours , for three yeres or more .

Insome Mannours , the Tenauntes maie not fell , ne loppe , the woodes growyng vppon their tenementes , no , not to repaire their houses , without the lordes licence : and yet in some Mannours , thei maie doe bothe , yea , and sell the woode awaie , without the Lordes licence .

In some Mannours , which is commonly in Deuonshire , Somersetshire , Dorsetshire , Cornewall , Witshire , and part of Glocestershire , the Tenauntes take the customarie Landes of the Lorde , for tearme of three liues , and not aboue , paiyng a fine vncertaine , as the Lorde and Tenaunte can agree . And commonly in suche Mannours the wiues of the Tenauntes , after their housebandes deceasses , haue their widowes estate , by their custome , which is as long as thei kepe theim selues vnmaried , and honeste , and in some Mannours it is otherwise and commonly also in these Mannours , the lorde hath a herriotte , after the death of euery Tenaunte .

In some Mannours , the Tenauntes haue their tenementes , to them and to their heires , paieyng to the Lorde a fine certaine , at euery chaunge , and there onely the wife , hath no widowes estate , and also commonly suche Tenauntes paie Herriottes .

In some Mannours , the Tenauntes are bounde by their custome , to serue the Lorde in the Quenes warres , so it be within the realme , against Rebels , or suche enemies , at their own proper costes and charges : And in some Mannours it is otherwise : But note , that now by a statute therefore made , all customarie tenauntes must serue their Lordes against Rebelles , vpon paine of forfeiture of their holdynges .

Also in some Mannours , the tenauntes ought by their custome , for three or fower daies in sowyng tyme , and asmuche in mowyng tyme , and likewise in Haruest , to helpe to tille the Lordes grounde , to make his Haye , or to helpe in with his Harueste , whiche bee called commonlie opera custumaria , that is to saie , daie woorkes , and suche like , and in some place thei vse to doe it , onely with their persones , and in some Mannours bothe with their Teames , Waines , seruauntes , and persones , and in some place otherwise .

Also in some Mannours , the Tenauntes by their custome , muste grinde their Corne at no Mill , but at the lordes mille , belongyng to the Mannour , and this is commonly called Socome , as is aforesaid .

In some Mannours , the Tenauntes haue their Fewell out of the Lordes wooddes , and this in moste places is properly called estouer , and in some Manours but onely timber , for repairyng their tenauntries .

In some Mannours , their custome is to haue common for their beastes , in all the lordes wast grounde , and commons . And in some Mannours but in a parte of theim , and that onely for a certain number , and some speciall kinde of cattaile , yea , and also in some places , at certaine tymes onely accustomed , or prefixed .

And as touchyng the description , of the sundrie kindes of Common , that is to saie , Common appendaunte , Common appurtenaunte , Common engrosse . &c. I leaue thre to the instruction of master Littleton ,

And note for a speciall Rule : a tenaunte that hath Common in the Lordes Commons , maie haue there nothyng by reason of Common , but alonely bitte of mouthe with their cattaile , neither maie Geese or Swine haue common , but by the lordes sufferaunce , without speciall wordes in the charter , or copie of the Tenaunt .

Sometyme customarie Tenauntes in some Mannours , haue also common of Fishing , with shouenettes , castyng neetes , small pitches , and trodde nettes , and suche like .

Some Countries haue customes by theim selues , as the custome of Gauell kinde in Rent , and parte of Wales , where the sonnes of Free holders , shall haue their fathers landes equally deuided emongest theim , touchyng the whiche and all suche like customes , I committe you to the instruction of the learned in the lawe .

Priuiledges , are all suche liberties and fraunchesies , as are graunted to a Mannour , or toune by the Kyng Quene , or Princes greate Chartre , or letters patentes , or by acte of parliament .

The description what reprises commonly & properly are . Also there are commonlie goyng yerely out of moste Mannours sondrie Deductions , Paimentes , and dueties , and these are alwaies called Reprises . And of suche there bee diuers natures , whereof some goe out of one Mannour and some out of an other , as bee these ensuyng , and their like .

Suites of Courte , or annuall fine , for suite and seruice of Courte , to any other Courte .

Rent charge , or rent secke , yerely goyng out of any Mannour .

Sometymes also Rente seruice , either of Capons , Hennes , Peper , Cūminséede , or suche like , maye be yerely paied , out of one Mannour to an other .

And also a Rente , or a Suite , maie bee sometymes paied out of a Mannour to a Hundred , or Sheriues Tourne .

Also an annuall pencion or porcion maie bee paied out of some one Mannour , to some other Mannour , Personage , or Vicuarage .

Item a Rente resolute , maie sometymes bee yerely goyng out of one Mannour , to some other Mannour or Parsonage , for a high waie , or a Water , course , or a libertie of foldyng , or suche like .

Also out of some Mannours or Landes , an yerely tenth is reserued , to the Kyng or Quéenes highnes .

Reprises of al natures . Also yerely Fées to any Receiuour , Bailife , Collectour , high Stewarde , or vnder Stewarde , charged by the Lordes Letters Patentes , or otherwise , to bee goyng out of a Mannour , or suche Landes , are called Reprises .

Likewise euerie other yerely Fee , that is paied to anye other parson , out of any Mannour , Landes or Tenementes .

Corrodies also for Tearme of life , or in Fée to any Parsone or Persones , yerely paied out of any Mannour .

Stipendes , Salaries , or Annuities of Chapleynes , men of Counsell in the Lawe or suche like .

Memorandum , all these Reprises , aforesaied , and their like , are to bee diligently learned , that thei maie be deducted , when thei ought out of any Mannour , in the makyng of the valewe thereof .

And when these sixe principall thinges before in the saied seconde rule set out and described , are perfectly knowen , and well vnderstanded of him that would bee a Surueiour , then hath he some entraunce in the knowledge of his Office . And now here next ensuing , for his further enstruction , shall ensue the thirde Rule , whiche shall containe in a brief rehearsall the summe of all suche partes and duties which doth or ought to belong to the Office of a Surueiour , and whiche then ( after followyng in order ) the speciallest pointes of them are perticulerlie by them selues , more at large to be touched and declared .