PART II: 1485-1660

Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful, greeting. Touching the good estate of all merchants of the underwritten realms, lands and provinces, to wit, Almain, France, Spain, Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign lands and places, by whatsoever name they be known, coming to our realm of England and staying there, an especial anxiety weighs upon us, in what wise under our lordship a means of tranquillity and full security may be devised for the same merchants for times to come: in order therefore that their desires may be rendered apter to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the said merchants for us and our heirs for ever as follows: First, to wit, that all merchants of the said realms and lands, safely and securely, under our defence and protection, may come into our said realm of England and everywhere else within our power with their merchandise whatsoever free and quit of murage, pontage and pavage,[252] and that within the same our realm and power in cities, boroughs and market-towns they may traffic in gross only [253] as well with denizens or inhabitants of the same our realm and power aforesaid as with aliens, strangers or friends (privatis), so nevertheless that the wares which are commonly called mercery and spices may be sold at retail as before was wont to be done, and that all the aforesaid merchants may cause their merchandise, which they chance to bring to our aforesaid realm and power or to buy or otherwise acquire within the same our realm and power, to be taken or carried whither they will as well within our realm and power aforesaid as without, except to lands of manifest and notorious enemies of our realm, paying the customs which they shall owe, wines only excepted, which it shall not be lawful for them in any wise to take away from the same our realm or power after they shall have been brought within the same our realm or power, without our will and special license.

Further, that the aforesaid merchants may lodge at their will in the cities, boroughs and town aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by those merchants with any persons soever, whencesoever they be, touching any sort of merchandise, shall be valid and stable, so that neither of the merchants can withdraw or retire from that contract after God's penny shall have been given and received between the principal contracting persons; and if by chance a dispute arise on such a contract, proof or inquisition shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we promise to the aforesaid merchants for us and our heirs for ever, granting that we will in no wise make or suffer to be made henceforth any prise or arrest or delay on account of prise of their wares, merchandise or other goods by us or another or others for any necessity or case against the will of the same merchants, save upon immediate payment of the price for which the merchants can sell such wares to others, or upon satisfaction otherwise made to them, so that they hold themselves contented; and that no valuation or estimation be set by us or our ministers on their wares, merchandise or goods.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns do speedy justice to the merchants aforesaid who complain before them from day to day without delay according to the Law Merchant touching all and singular plaints which can be determined by the same law; and if by chance default be found in any of the bailiffs or ministers aforesaid whereby the same merchants or any of them shall sustain the inconveniences of delay, although the merchant recover his damages in principal against the party, nevertheless the bailiff or other minister shall be punished in respect of us as the guilt demands, and that punishment we have granted by way of favour to the merchants aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the ease of crime for which the penalty of death shall be inflicted, where a merchant shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs, where there shall be a sufficient number of merchants of the aforesaid lands, and inquest should be made, one moiety of the inquest shall be of the same merchants, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if a sufficient number of merchants of the said lands be not found, there shall be put on the inquest those who shall be found there fit, and the residue shall be of other men good and fit of the places in which that plea shall be.

Further, we will, ordain and decree that in each markettown and fair of our realm aforesaid and elsewhere within our power our weight be set in a certain place, and before weighing the scales shall be seen to be empty in the presence of buyer and seller, and that the arms be level, and that then the weigher weigh level, and when he have put the scales on a level, forthwith move his hands away, so that it remain level; and that throughout our whole realm and power there be one weight and one measure, and that they be marked with the mark of our standard, and that each man may have scales of a quarter and less, where it shall not be against the lord of the place or a liberty granted by us or our ancestors, or against the custom of towns or fairs hitherto observed.

Further, we will and grant that a certain loyal and discreet man resident in London be assigned as justice for the said merchants, before whom they may specially plead and speedily recover their debts, if the sheriffs and mayors do not full and speedy justice for them from day to day, and that a commission be made thereon granted out of the present charter to the merchants aforesaid, to wit, of the things which shall be tried between merchants and merchants according to the Law Merchant.

Further, we ordain and decree, and for us and our heirs for ever we will that that ordinance and decree be straitly observed, that for each liberty which we or our heirs shall hereafter grant, the aforesaid merchants shall not lose the above written liberties or any of them. But for the obtaining of the aforesaid liberties and free customs and the remission of our prises to them, the said merchants, all and singular, for them and all others of their parts, have granted to us with one heart and mind that on each tun of wine which they shall bring or cause to be brought within our realm or power, whereon they shall be bound to pay freight to the mariners, they shall pay to us and our heirs by name of custom 2s. beyond the ancient customs due and accustomed to be paid in money to us or others within forty days after the said wines be put ashore out of the ships; further, on each sack of wool which the said merchants or others in their name shall buy and take or cause to be bought and taken from our realm, they shall pay 40d. of increment beyond the ancient custom of half a mark which had before been paid; and for a last of hides to be carried out of our realm and power half a mark above that which before was paid of ancient custom; and likewise on 300 woolfells to be taken out of our realm and power 40d. beyond the xed sum which had before been given of ancient custom; further, 2s. on each scarlet and cloth dyed in grain; further, 18d. on each cloth wherein part of the grain is intermixed; further, 12d. on each other cloth without grain; further, 12d. on each quintal of wax.

And whereas some of the aforesaid merchants deal in other merchandise as avoir-du-pois and other fine goods, such as cloths of Tars, silk, cendals and other diverse wares, and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, the same merchants have granted to give us and our heirs on each pound of silver of the estimation or value of such goods and merchandise, by what name soever they be known, 3d. in the pound at the entry of those goods and merchandise into our realm and power aforesaid within fifteen days after such goods and merchandise shall have been brought into our realm and power and there unladen or sold; and likewise 3d. on each pound of silver at the export of any such goods and merchandise bought in our realm and power aforesaid, beyond the ancient customs before given to us or others; and touching the value and estimation of such goods and merchandise whereon 3d. on each pound of silver, as is aforesaid, are to be paid, credit shall be given to them by the letters which they shall show from their lords or fellows, and if they have no letters, it shall stand in this behalf by the oaths of the merchants, if they be present, or of their yeomen in the absence of the same merchants. It shall be lawful, moreover, for the fellows of the fellowship of the merchants aforesaid to sell wools within our realm and power aforesaid to other their fellows, and likewise to buy from the same without payment of custom, so, nevertheless, that the said wools come not to such hands that we be defrauded of the custom due to us.

And furthermore it is to be known that after the said merchants shall have once paid in the form aforesaid in one place within our realm and power the custom above granted to us for their merchandise, and have their warrant thereof, they shall be free and quit in all other places within our realm and power aforesaid of payment of such custom for the same merchandise or wares by the same warrant, whether such merchandise remain within our realm and power or be carried without, except wines which shall in no wise be taken out of our realm and power aforesaid without our will and license, as is aforesaid. And we will, and for us and our heirs we grant that no exaction, prise or prest or any other charge be in any wise imposed on the persons of the merchants aforesaid, their merchandise or goods, against the form expressed and granted above. These witnesses:—the venerable fathers, Robert, archbishop of Canterbury, primate of all England, Walter, bishop of Coventry and Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our household, Robert de Bures and others. Given by our hand at Windsor, 1 February in the 31st year of our reign.

Wherefore we signify to you that the searchers of the town of Southampton aforesaid, by your writ of the wardrobe sealed with your privy seal directed to the said searchers on 7 January commanding the said 24l. to be brought to Odiham and delivered there into your said wardrobe [paid and delivered the same], of which payment and delivery of the said 24l. so made the aforesaid searchers have a due acquittance of receipt. And by the tenour of these presents we signify that for no other cause were the aforesaid 24l. arrested, save only in the form aforesaid. In witness whereof we transmit to you these our letters sealed with our seal. Given at Southampton, 9 March.

Wherefore the same Pelegrin sues for a writ of the lord the King to be directed to the keeper of the wardrobe of the lord the King, for satisfaction to be made to him according to the form of the return of the writ.

First, it is provided that no man of religion or other henceforth carry the sterling out of the realm of England, nor silver in plate, nor vessels of gold or silver, on pain of forfeiture of the money, plate or vessel that he shall carry, without special licence from us.

Further, that no false money nor counterfeit sterling be brought into the realm or elsewhere in our power, on pain of forfeiture of the money; so always that all folk of what realms or power soever they be, may safely bring to the exchanges for bullion and not elsewhere silver in plate, vessels of silver and all manner of moneys of silver, of what value soever they be, save false money and counterfeit sterling, and there receive good and suitable exchange.

And that no sterling halfpenny or farthing be molten to make a vessel or other thing by goldsmiths or others on pain of forfeiture of the money so molten, and that the goldsmith or other who shall have so molten it, be put in prison and there stay until he shall have rendered to us the moiety of that which he shall have so molten, notwithstanding charter or franchise granted or used to the contrary.

And that all manner of black money now commonly current in our realm and power be utterly excluded, so that none be current after the month next after proclamation be made, on pain of forfeiture of the same money.

And that every man who will sue for us against such as shall commit fraud against this ordinance be admitted hereto and have the fourth penny of that which shall be so deraigned at his suit to our profit.

And that the mayor or bailiffs in every port where merchants and ships are take oath of the merchants and masters of ships going and returning that they will commit no fraud against this ordinance in any point.

And that there be a table of exchange at Dover and elsewhere where and when it shall seem good to us and our council to make exchanges. And that the wardens of the said tables make exchanges by testimony of the controllers whom we will appoint there.

And that no pilgrim pass out of our realm to the parts beyond the sea except at Dover, on pain of imprisonment for a year. And that good ward and strict be made in all places on the seacoast in ports and elsewhere where there is any manner of landing, by good and lawful men sworn, who in our name shall cause diligent search to be made that none, of what condition or estate soever he be, take sterling money, silver in plate, or vessel of gold or silver out of our realm without our licence, nor bring into the said realm or power false money or counterfeit sterling, as is aforesaid, on the pains and forfeitures aforesaid. And the money, vessel or plate so forfeited shall be delivered at our exchanges by indenture, whereof the one part remaining with the searchers shall be delivered at the Exchequer, and by the same indentures the warden of the exchanges shall be charged with that which he shall have received.

And that the searchers have of our gift for all their work the fourth penny of as much as they find so forfeited. And if the searchers make release or show favour to any and be attainted hereof they shall be liable to forfeiture of as much as they shall have in goods; and that the hostlers in every port where there is passage shall be sworn to make search upon their guests in like manner as the searchers shall do, and shall have the fourth penny of that which they find forfeit to us, as the said searchers shall have. And it is our intention that the said searchers have power to search the hostels and to inform themselves of the doings of hostlers; and that the hostlers, in case they be found deceitful against the said articles, shall be punished and incur the forfeiture aforesaid.

Wherefore we command you, straitly enjoining, that forthwith upon sight of these letters you cause all the articles and points aforesaid to be cried and published in cities and boroughs, market towns, ports and all other places within your bailiwick, as well within franchise as without, where you shall see fit so to do; and that in all other places within your bailiwick where need shall be, except the places where such wardens and searchers shall be deputed by us, you cause such searchers and wardens to be established and sworn to keep and observe this our ordinance in the form aforesaid, on the pains contained in this form; and that you certify the Treasurer and Barons of our Exchequer without delay of the names of those who shall be hereafter assigned by you as searchers and wardens. Given under our great seal at York, 6th June in the 9th year of our reign.

The oath of the searchers.—You shall swear that you will well and lawfully make search of all the things contained in your commission whereof search ought to be made according to the commission, and that you will lawfully perform all the other things contained in the same, and that you will lawfully charge yourself with that which you shall find forfeited to the King and will make a lawful indenture thereof and render a lawful account, and that you will spare none for love or for favour, to have private gain, whereby the King may be a loser. So help you God and his saints.

As to this, that the gold is right feeble because of clipping, there seems to me no other remedy than that gold be generally weighed by those who shall take it; and hereon let proclamation be made, and this will be a smaller loss than to change the money, as may be more fully declared.

As to this, that there is a great lack of halfpence and farthings, the Master is bound by his indenture to make halfpence according to the quantity of his work of silver. Let the Warden of the Mint be charged to survey that the Master of the Mint do in all points that which appertains to his office.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed. And to change the money in any manner seems to me universal damage to the lords, commons and all the realm, as may be more fully declared.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of moneys, as well of Flanders, Scotland and all other countries beyond the sea whatsoever, be forbidden from having any currency in England, and that none take them in payment except to bring them for bullion to the coinage of our lord the King.

Further, it will be altogether for the better and a very great profit to all the commons, that of the gold money now current, which is so clipped and otherwise impaired, that of this money, when it shall come to the Tower and to the coinage, henceforth our lord the King take for his seigneurage, and the Master for the work for him and his other officers, nothing more than 10d. in the pound.

Further there will be an increase of the money and profit to the whole realm if of all other bullion the King take only 12d. for his seigneurage and the Master of the Mint 12d. for his work.

Lincoln, Goldsmith.—To the noble lords of the Council of our lord the King, touching the charge which you have given me, please you to take note of this answer.

Touching the first article, that gold and silver is taken out of the realm, the first remedy against this is that no clerk or purveyor be suffered to take any silver or gold or to make any exchange to be taken to the Court of Rome, and no merchant be suffered to pay any money but only merchandise for merchandise; and also that the money of the Noble, at the same weight that it now is, be put at a greater value.

And touching the second article, the remedy is that all the money be of one weight, so that the money that is not of the weight ordained be bought according to the value.

And touching the third article, the remedy is that halfpence and farthings be made in great plenty.

And touching the fourth article, the remedy is that there be one weight and one measure throughout the realm and that no subtle weight be suffered.

And touching the fifth article, the remedy is contained above in the first article.

Richard Aylesbury.—As to this, that no gold or silver comes into England, but that which is in England is carried beyond the sea, we maintain that if the merchandise which goes out of England be well and rightly governed, the money that is in England will remain and great plenty of money will come from beyond the sea, that is to say, let not more strange merchandise come within the realm than to the value of the denizen merchandise which passes out of the realm.

Further he says that it were good if the Pope's Collector were English and the Pope's money were sent to him in merchandise and not in money, and that the passages of pilgrims and clerks be utterly forbidden, upon pain, etc.

And as to this, that the gold is too feeble because of clipping, there seems to us no other remedy than that the gold be generally weighed by those who shall take it, and hereon let proclamation be made.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed, and to this we dare not assent for the common damage that might befall.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of money of Scotland be forbidden. Let other moneys also that come from beyond the sea have no currency in England, and let none take them in payment except at the value to bring for bullion and to the coinage of our lord the King. And let none take gold or silver out of the realm beyond the sea, as it is ordained by Statute, and hereof let good ordinance be made as well by search as otherwise.

And further he says, if it please by way of information, that [it would be well] if the pound of gold that is now made in the Tower to the sum of 45 nobles (which pound, because the money thereof is so clipped and otherwise impaired, is worth at present, taking one with another, 41½ nobles), were made into 48 nobles, the noble to be current at the present value; and let the King and the Master and other officers of the Mint take 20d. in each pound for the seigneurage and work and every other thing.

PART II: 1485-1660

In arranging the documents in this section it seemed best not to group them in strict chronological order, but to place together those relating to similar aspects of the subject. Documents 1 to 6 illustrate the status and tenure of different classes of landholders. By the beginning of the sixteenth century personal villeinage has almost disappeared; only one document therefore (No. 1) is given to it. Nor has it seemed necessary to print documents referring specially to the freeholders who, compared with other classes of tenants, were little affected by the agrarian changes. On the other hand, the position of the customary tenants, and of the lessees who farmed manorial demesnes, raises important questions. Documents 2 to 4 illustrate manorial customs and the way in which cases between lords and copyholders turned upon them (Nos 3 and 4). Without entering into controversial questions with regard to copyhold tenure one may say (a) that it is customary or villein tenure to which the courts from the beginning of the fifteenth century, first the court of Chancery—before which both these cases come—and then the Common Law courts, have given protection, (b) that what the Courts do is to enforce manorial customs, which vary from place to place. It is, therefore, essential for a tenant who wants, e.g., to be protected against eviction (No. 3), or against loss of profitable rights (No. 4) to show that the lord is committing a breach of the custom. Hence the dispute (No. 3) as to whether the land at issue is customary land or part of the lord's demesnes. If it is the former the tenants are likely to be protected by the Courts: if it is the latter, they are not. The position of the capitalist farmer, who played so large a part in the rural economy of the sixteenth century, is illustrated by documents 5 and 6. No. 5 is specially interesting as showing how the earlier practice of dividing up the demesne lands among numerous small tenants was replaced by that of leasing them in a block to one large farmer. Documents 7 to 12 illustrate certain points which have already been mentioned, e.g., the importance of manorial customs (Nos. 8, 10 and 12). But their peculiar interest consists in the light which they throw on the grievances of the peasants. They suffer from enclosing (Nos. 7, 8, 10, 11), from excessive fines (Nos. 8, 9, 10, 12), and from rack renting (Nos. 8, 9, 12). They are gravely prejudiced by the land speculation following the dissolution of the monasteries (No. 9). They are too poor and too easily intimidated to get redress even when they have a good case (Nos. 10, 11, 12). The justices who ought to administer the acts against depopulation depopulate themselves (No. 8). The peasants' main resource is the Crown and its Prerogative Courts (Nos. 8, 9, 10, 12). Surely the government will protect men who make good soldiers and pay taxes (No. 12)! Occasionally, however, they have some hope of Parliament, e.g., in 1536, when the royal officials are in bad odour in the North (No. 7), and under Charles I (No. 11). The exact date of this last document is uncertain. May it not be 1640-1, when the Long Parliament was going to restore all good customs?

Documents 13 to 21 illustrate the policy of the government towards the agrarian problem. The government tried to stop depopulation partly for financial and military reasons, partly through a genuine dislike of economic oppression. Its main instruments were four, namely:—(a) Statutes (Nos. 13, 15, 17, 18, and 19). Between 1489 and 1597 11 Acts were passed which had as their object the prevention of depopulation, viz., 4 Hen. VII, c. 19, 6 Hen. VIII, c. 5, 7 Hen. VIII, c. 1, 25 Hen. VIII, c. 13, 27 Hen. VIII, c. 22, 5 and 6 Ed. VI, c. 5, 2 and 3 Phil. and Mary, c. 2, 5 Eliz. c. 2, 31 Eliz. c. 7, 39 Eliz. c. 1, 39 Eliz. c. 2,. All these were repealed by 21 James I, c. 25, except the last, which was repealed by the Statute Law Revision Act of 1863. (For a summary of these Acts see Slater, The English Peasantry and of the Enclosure Common Fields, App. D.) (b) Royal Commissions. The first (No. 14) was appointed in 1517: 6 others followed, in 1548, 1566, 1607, 1632, 1635, and 1636 (No. 21). (c) Intervention by the Privy Council (Nos. 16 and 20). (d) The Prerogative Courts; viz., the Court of Requests (Nos. 9 and 10), the Court of Star Chamber (No. 21), the Council of the North (No. 10), and the Council of Wales (Acts of the Privy Council, New Series, Vol. XXX, pp. 36-7). How far their intervention was successful is an open question, for a discussion of which reference must be made to the books mentioned below.

The more accessible of the modern writers dealing with agrarian conditions from 1485-1660 are:—Cunningham, English Industry and Commerce, Early and Middle Ages, and ibid., Modern Times, Part I; Ashley, Economic History, Vol. I, Part II; Nasse, The Land Community of the Middle Ages; Gonner, Common Land and Inclosure; Page, The End of Villeinage in England; Hasbach, The English Agricultural Labourer; Prothero, Pioneers and Progress of English Agriculture, and A History of English Farming; Johnson, The Disappearance of the Small Landowner; Tawney, The Agrarian Problem in the Sixteenth Century; Russell, Ket's Rebellion in Norfolk; Leadam, The Domesday of Inclosures, and in Trans. R.H.S. New Series, Vol. VI; Gay, in Trans. R.H.S., New Series, Vols. XIV and XVIII, and in The Quarterly Journal of Economics, Vol. XVIII; Leonard, Trans. R.H.S., New Series, Vol. XIX; Savine in The Quarterly Journal of Economics, Vol. XIX. A useful summary of the principle Statutes against Depopulation is given by Slater, The English Peasantry and the Enclosure of the Common Fields, App. D.

Full bibliographies of this subject are given in Two Select Bibliographies of Mediæval Historical Study, by Margaret E. Moore, and in A Classified List of Printed Original Materials for English Manorial and Agrarian History, by Francis G. Davenport. The following list of sources does not pretend to be exhaustive.

(1) Documents relating to agrarian history are printed in the following works:—Northumberland County History; Baigent, Crondal Records; Surveys of Lands belonging to William, first Earl of Pembroke (Roxburghe Club); Topographer and Genealogist, Vol. I, Surveys of Manors Belonging to the Duke of Devonshire; Chetham Society, Survey of the Manor of Rochdale (ed. by Fishwick); Davenport, History of a Norfolk Manor; Scrope, History of the Manor and Barony of Castle Combe; Strype, Ecclesiastical Memorials; Selden Society, Select Cases in the Court of Star Chamber and Select Cases in the Court of Requests (both edited by Leadam); Leadam, The Domesday of Enclosures; Tawney, The Agrarian Problem in the Sixteenth Century, App. I; Cunningham English Industry and Commerce, Modern Times, Vol. I, App. B.

(2) The principal contemporary literary authorities are as follows:—J. Rossus (Rous), Historia regum Angliæ (about 1470, edited by T. Hearne); More, Utopia (1516); Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (about 1537, Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (1548, ibid.); Fitzherbert, Surveying (1539), and Book of Husbandry (1534); Select Works of Crowley (Early English Text Society); Lever's Sermons (Arber's Reprints); The Common Weal of this Realm of England (about 1549, edited by E.M. Lamond); Certain causes Gathered Together wherein is shewed the Decay of England only by the great Multitude of Sheep (Early English Text Society); Tusser, Five Hundred Points of Good Husbandry (1572); Stubbes, Anatomy of the Abuses in England (1583); Harrison, The Description of Britain (1587, most accessible in Furnivall's Elizabethan England); Trigge, The Humble Petition of Two Sisters (1604); Norden, The Surveyor's Dialogue (1607); Standish, The Common's Complaint (1612), and New Directions of Experience to the Common's Complaint (1613); Bacon, The History of King Henry VII (1622); Powell, Depopulation Arraigned (1636); Fuller, The Holy and Profane State (1642); Halhead, Enclosure Thrown Open, or Depopulation Depopulated (1650); Moore, The Crying Sin of England in not Caring for the Poor (1653); and A Scripture Word Against Enclosure (1656); Pseudonismus, Considerations Concerning Common Fields and Enclosures (1653); Lee, A Vindication of a Regulated Enclosure (1656).

And no person holding any part of any tenement shall bargain or put it away to any person except that person who is tenant of the residue of the tenement, if he will buy it at a reasonable price. If not, the tenant may sell it to any other customary tenant of the manor.

10. Every customary tenant and occupier shall uphold his houses according to our custom, forfeiting 6s. 8d. toties quoties.

11. No person shall fell timber without delivery of the bailiff, who shall deliver necessary timber to every tenant or occupier according to our custom.

12. No tenant or occupier shall sell underwood, etc., nor cut down any other man's wood in the lordship. Penalty 3s. 4d., half to her Highness, half to the party grieved. Every tenant so grieved may have his action for damages in the court of the lordship.

1. Any tenant, lawfully seised of a messuage or tenement in fee to him and his heirs according to the custom of the manor, might and may lawfully give or sell the same by writing, and that the steward or his deputy ought to be made privy to it at or before next court under penalty of 20s.

The tenant may without the privity of the steward give his tenement in writing by his last will to which of his sons he thinks best, or any other person. If any customary tenant die seised of an estate of inheritance without a will or devise, then his eldest son or next cousin ought to have the tenement, as his next heir, according to the custom of the manor.

2. If any customary tenant die seised of a customary tenement, having no sons but a daughter or daughters, then the eldest daughter being unpreferred in marriage shall have the tenement as his next heir, ... and she shall pay to her younger sister, if she have but one sister, 20 years' ancient rent, as is answered to her Majesty; and if she have more than one sister, she shall pay 40 years' ancient rent to be equally divided among them.

3. The widow of any customary tenant having any estate of inheritance ought to have her widowright, viz., one-third of the same, as long as she is unmarried and chaste, according to our custom.

4. For the avoiding of great trouble in the agreements with younger brothers, it is now ordered that the oldest son shall pay to his brothers in the form following:—

Provided that any father being a tenant may make a will dividing the money among his sons as he think best, provided he exceed not these sums and rates.

5. Whereas great inconvenience has grown by certain persons that at the marriages of sons or daughters have promised their tenements to the same son or daughter and their heirs according to the custom of the manor, and afterwards put the tenement away to another person, it is ordered, that whatever tenements a tenant shall promise to his son or daughter being his sole heir apparent at the time of his or her marriage, the same ought to come to them according to the same covenant, which ought to be showed at the next court.

6. If a tenant has a child, not his heir, an idiot or impotent, and die without disposition of his tenement, the same child shall be sustained out of the said tenement by direction of the steward or his deputy and 4 men sworn in court.

7. Finally be it agreed that no bye-law shall be any way prejudicial to her Majesty.

In most humble wise sheweth and complaineth unto your lordship your daily orators, Richard Cullyer of Wymondham in the county of Norfolk, yeoman, and John Cullyer his son, that where one Edmund Mychell was seised in his demesne as of fee of and in twenty acres of land lying in Wymondham aforesaid, holden of the manor of Cromwell, in Wymondham aforesaid, by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, which twenty acres of land have used to be demised and demittable by copy of court roll for term of life, lives, or in fee, to be holden at will of the lord of the said manor by copy of court roll, according to the custom of the said manor time out of remembrance of man; and the said Edmund Mychell, so being seised of the said twenty acres, for a sum of money to him paid by the said Richard Cullyer, the father, did surrender the said twenty acres according to the custom of the said manor, by the name of twenty acres of bond land enclosed in a close called Reading, in Brawyck, in Wymondham aforesaid, into the hands of the lords of the said manor by the hands of William Smythe, in the presence of Geoffry Symondes and John Love, being then copyholders of the said manor, to the use of your said orators, their heirs and assigns: By force whereof your said orators, after that they had paid the accustomable fine due for the same to the lords of the said manor, were admitted tenants thereof, to hold the same, to them and their heirs, at will of the lord of the said manor by copy of court roll, according to the custom of the said manor, and from the time of the said surrender which was made, as is aforesaid, thirty years past; and continued seised of the said twenty acres in their demesne as of fee, as tenants at will, by copy of court roll, according to the custom of the said manor; and have received and taken the profits thereof, doing and paying the rents, customs and services of the same to the lords of the same manor, according to the custom of the said manor; and at their great travail, costs, and charges have stubbed, drained, and dyked the premises, whereby they have improved the said twenty acres and made it much better than it was at the time that the same was surrendered to them as is aforesaid: And now so it is, right honorable lord, that the moiety of the said manor is descended to one Thomas Knyvett esquire, as son and heir to Sir Edmund Knyvett, knight, deceased, who, of a covetous mind, contrary to the mind and without the assent of one John Flowrdew, gentleman, who is tenant in common with him of the said manor land, of late claimed ten acres of the said twenty acres to be the demesnes of the said manor, and have prohibited your said orators to occupy the same ten acres; and because your said orators doth not leave the occupation thereof, the said Thomas Knyvett hath divers times disturbed the possession of your orators in the premises by taking of divers distresses, and now of late have taken and distrained in the said close four steers and one bull of the value of five pounds, of the goods and chattels of the said John Cullyer, one of your said orators; which the said Thomas did impound and withhold from your said orators until deliverance was made to him thereof by virtue of the King's majesty's writ of replevin; which writ of replevin is removed into the King's court of his common pleas at Westminster, by a writ of recordere facias [sic], where the said suit doth yet depend undetermined; and forasmuch as your said beseechers have no better estate in the premises but as copyholders according to the custom of the said manor, and that the court rolls of the said manor, whereby your beseechers should prove the said twenty acres to be an ancient copyhold land, do remain in the possession of the said Thomas Knyvett, and for that also that your orators be poor men and the said Thomas Knyvett a gentleman of great worship, your said poor orators be most like to lose their said land, and to be clearly without remedy in the premises, unless your lordship's favour be to them shewed in that behalf: In consideration whereof, it may please your lordship to grant the King's most gracious writ of subpœna, to be directed to the said Thomas Knyvett, commanding him by virtue thereof personally to appear before your lordship in the King's most honorable court of Chancery at a certain day, and under a certain pain, by your lordship to be appointed, then and there to answer the premises, and further to abide to such order therein as shall seem to your lordship agreeing to equity and good conscience; and your poor orators shall daily pray for the prosperous estate of your good lordships in honour long to continue.

The answer of Thomas Knivet, esquire, to the bill of complaint of Richard Cullyer and John Cullyer, plaintiffs.

The said defendant saith, that the said bill of complaint is uncertain and untrue in itself, and insufficient in the law to be answered unto, and that the matters therein contained be untruly surmised by the said complainants to the only intent to put the said defendant to vexation, trouble and cost, and is grounded of malice, they the said complainants having no colour of right, title, nor interest unto the said land mentioned in the said bill of complaint; and he, the said defendant, to the matters contained in the same bill, doth think that he by the order of the right honorable court shall not be compelled any further to answer, but be dismissed out of the same for the insufficiency thereof, with his reasonable costs and charges by him sustained in that behalf; Yet nevertheless, if he, the said defendant, shall be compelled any further to answer to the same bill, then he, the same defendant, for further answer saith that the said land, lying in Brawyck Reading mentioned in the said bill of complaint, is and have been time out of mind parcel of the demesnes of the said moiety of the said manor of Cromwell, in Wymondham; and he, the said defendant, for further answer saith, that one Sir Edmund Knyvett, father to the said defendant, and all his ancestors of long time before him, have been seised of one estate of inheritance of the moiety of the said manor, and one-half of the said manor of Cromwell, and that the said Sir Edmund, and all his ancestors, of long time have been seised of the premises with the appurtenances as parcel of the said manor, in their demesne as of fee, and had the possession thereof, and so seised, died thereof by protestation seised; after whose death the premises descended and came and of right ought to descend and come unto the said defendant, as to the son and next heir of the said Sir Edmund, by force whereof he, the same defendant, entered into the premises, and was and is thereof seised in his demesne as of fee, and the same complainants, claiming the premises by force of a surrender made unto them, the said complainants, by one Edmund Mychell in the time of one [blank] being guardian of the said Sir Edmund, and having the custody of the body and lands of the said Sir Edmund during his minority, where nothing in right nor law can pass by the same surrender, but the same is utterly void to bind the said defendant, did enter; upon whom the said defendant did re-enter, as it was lawful for him to do, without that the said Edmund Mychell was lawfully seised in his demesne as of fee, of the lands mentioned in the said bill by copy of court roll at will of the lord according to the custom of the said manor, as in the said bill is untruly alleged, or that the said Edmund Mychell had any lawful interest in the same, or could lawfully make any good or effectual surrender of the same to the said complainants, or that the premises have been used to be demitted or be demittable by copy of court roll for term of life or lives, or in fee, to be holden at the will of the lord by copy of court roll, according to the custom of the said manor time out of mind, as in the said bill of complaint is also untruly alleged, for he, the said defendant, saith that by divers ancient precedents and court rolls ready to be shewed to your honourable court it may appear that the same hath been letten for term of years by the lords of the said manor after the time being unto them, by whom the said complainants claim; or that the same Edmund Mychell for a sum of money to him paid by Richard Cullyer, their father, did surrender the premises, as in the same bill is also untruly alleged, for he, the said defendant, saith, that he the same Edmund had no right nor lawful interest to surrender the same; and if any such surrender were, yet the said defendant saith that the same is verily void in law; or that the said complainants paid any fine for the premises, or were admitted tenants to hold at the will of the lord, as in the same bill is also untruly alleged. And if any such were, yet the same being paid unto his father's said guardian, and their admission by the said guardian, the premises being of the demesnes of the said manor, ought not in no wise to bind him; and without that any other thing mentioned in the said bill of complaint here in this answer not sufficiently confessed, and avoided, traversed, or denied, is true or material to be answered unto, all which matters the said defendant is ready to aver and prove, as this right honorable court shall award. Whereupon the said defendant prayeth to be dismissed out of this right honorable court with his reasonable costs and charges by him sustained in that behalf.

The replication of Richard Cullyer and John Cullyer, to the answer of Thomas Knyvett esquire.

The said complainants by protestation that the said answer is insufficient in the law for further replication say that the said bill of complaint is certain and sufficient in the law to be answered unto, and for further replication say that the said twenty acres mentioned in the said bill is ancient copyhold land, and have been used to be demised by copy of court roll, according to the custom of the said manor of Cromwell time out of remembrance of man, as is alleged in the said bill, and say also that the said twenty acres lieth now enclosed and have lien enclosed by the space of sixty years or thereabout with other lands and tenements holden by copy of court roll of the manor of Gresshawgh in Wymondham aforesaid, which said twenty acres about the first or second year of the reign of King Henry the Seventh, before that time with other of the said lands then also enclosed did lie open as fields, and in the time of the reign of King Edward the Fourth the said twenty acres were holden, used, and occupied by copy of court roll, according to the custom of the said manor, to one Edmund Cullyer and his heirs, by the name of the third part of one enclose called Reading, being bond or customary land in Wymondham aforesaid, to hold the same to the said Edmund and his heirs by copy of court roll, at will of the lord of the said manor according to the custom of the said manor; upon which grant the said Edmund paid a fine to the lord of the said manor and was admitted tenant thereof, by force whereof the said Edmund Cullyer was seised of the said twenty acres in his demesne as of fee by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, and the said Edmund so being seised of the said twenty acres, the same did surrender according to the custom of the said manor to one Thomas Plomer and his heirs, by virtue whereof the said Thomas Plomer was admitted tenant of the said twenty acres, according to the custom of the said manor, and was seised of the said twenty acres in his demesne as of fee according to the custom of the said manor, and paid the accustomable fine thereof for the same to the lord of the said manor, and did the other services and paid the rents thereof according to the custom of the said manor; and the said Thomas Plomer so being seised of the said twenty acres the same did surrender according to the custom of the said manor to the said Edmund Mychell named in the said bill, by virtue whereof the said Edmund Mychell was lawfully admitted tenant to the premises, according to the custom of the said manor, and was seised thereof in his demesne as of fee according to the said custom, and paid the accustomable fine for the same to the lord of the said manor, and did the services and paid also the rents thereof accordingly, and the said Edmund Mychell so being seised of the premises according to the custom of the said manor, the same according to the said custom did surrender to the said complainants, as is alleged in the said bill; by virtue whereof the said complainants were admitted tenants of the premises and paid the fine thereof, and have done all services, and paid the rents and customs pertaining thereto, according to the custom of the said manor of Cromwell, and hath bestowed great costs upon the same, whereby the said twenty acres be much better than they were at such time as the said complainants were admitted tenants thereto, as in the said bill it is further alleged. And the said complainants do further reply and say in all and everything as they before in their said bill have said, without that,[255] that the said land lying in Brawicke Reading mentioned in the said bill is and have been time out of mind of man parcel of demesnes of the moiety of the said manor of Cromwell, or that the said Sir Edmund had the possession of the said twenty acres, or were seised thereof, otherwise than by the payment of the rents of the same by the said complainants and others, that did hold the same by copy of the said Sir Edmund; and without that the said Sir Edmund died seised thereof, or that the same did descend to the said defendant as demesnes of the said manor discharged of the said tenure, by copy of court roll according to the custom of the said manor; for the said complainants say that the said Sir Edmund during all his life did permit and suffer the said complainants to enjoy the premises according to the custom of the said manor, without let or gainsaying, which the said Sir Edmund would not have done if the said complainants had not had a just right and title to have had the same; without that, that the said complainants did claim the premises only by a surrender made to the said Mychell by the guardian of the said Sir Edmund during his minority, or that the surrender made by the said Mychell during the minority of the said Sir Edmund is void by the law or that the law is that nothing can pass by a surrender made during the said minority, or that a surrender made then is void, or that the premises have been letten for years as is alleged in the said bill; and the said complainants for replication do reply and say in all and every thing, matter, and sentence as they before in their said bill have said; without that, that any other things in this replication not sufficiently replied unto, denied, traversed, or confessed and avoided is true, all which matters the said complainants are ready to verify as this honorable court will award, and pray as they before have prayed.

PART II: 1485-1660

SECTION I