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.

8. PROVISIONS FOR THE CURRENCY [_Fine Roll, 9 Edward III. m. 10_], 1335.

The King to the sheriff of York, greeting. Forasmuch as we have heard
that many folk beyond the sea strive to counterfeit our good money, the
sterling of England, with worse money, and to send this bad money into
our realm, to the deception of us and the damage and oppression of our
people if a remedy be not set thereto; we, willing to prevent such
damages and oppressions, and to provide a suitable remedy hereon and
that our said good money may be multiplied within our realm and the
lands of our power, to the profit of us and our subjects, by assent of
the prelates, earls and barons of our said realm assembled in our
Parliament holden at York on the morrow of the Ascension last past,
have ordained and established the things that ensue in the manner
underwritten:--

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.

In like manner command is given to the several sheriffs throughout
England....

_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.

9. OPINIONS OF OFFICERS OF THE MINT ON THE STATE OF ENGLISH MONEY [_Rot.
Parl., III._, 126-7], 1381-2.

To our lord the King and to all the lords and commons of his realm, make
known, as they have often done before these times without being heard,
the officers over the moneys of the Tower of London, how for lack of
good ordinance no gold or silver comes into England, but of that which
is in England a great part has been and from day to day is carried out
of the land, and that which remains in England by fault of the deceit of
clippers and otherwise is become right feeble, and from day to day such
damage increases. Wherefore please it you to take good counsel and
remedy hereon, otherwise we, the said officers, warn you, and before God
and before you we will be excused, that if you do not apply a speedy
remedy thereto in short time to come, where you think to have 5s. you
will not have 4s.

_Richard Leicester._--First, as to this that no gold or silver comes
into England, but that which is in England is carried beyond the sea, I
maintain that it is because the land spends too much in merchandise, as
in grocery, mercery and peltry, or wines, red, white and sweet, and also
in exchanges made to the Court of Rome in divers ways. Wherefore the
remedy seems to me to be that each merchant bringing merchandise into
England take out of the commodities of the land as much as his
merchandise aforesaid shall amount to; and that none carry gold or
silver beyond the sea, as it is ordained by statute. And let a good
ordinance be made hereof, as well by search as otherwise. And so meseems
that the money that is in England will remain, and great quantity of
money and bullion will come from the parts beyond the sea.

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, 41-1/2
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

SECTION I

RURAL CONDITIONS

   1. Villeinage in the Reign of Elizabeth, 1561--2. Customs of the
   Manor of High Furness, 1576--3. Petition in Chancery for Restoration
   to a Copyhold, c. 1550--4. Petition in Chancery for Protection
   against Breach of Manorial Customs, 1568--5. Lease of the Manor of
   Ablode to a Farmer, 1516--6. Lease of the Manor of South Newton to a
   Farmer, 1568--7. The Agrarian Programme of the Pilgrimage of Grace,
   1536--8. The Demands of the Rebels led by Ket, 1549--9. Petition to
   Court of Requests from Tenants Ruined by Transference of a Monastic
   Estate to lay hands, 1553--10. Petition to Court of Requests to stay
   Proceedings against Tenants pending the hearing of their Case by the
   Council of the North, 1576--11. Petition from Freeholders of Wootton
   Basset for Restoration of Rights of Common, _temp._ Charles I.--12.
   Petition to Crown of Copyholders of North Wheatley, 1629--13. An Act
   Avoiding Pulling Down of Towns, 1515--14. The Commission of Inquiry
   Touching Enclosures, 1517--15. An Act Concerning Farms and Sheep,
   1533-4--16. Intervention of Privy Council under Somerset to Protect
   Tenants, 1549--17. An Act for the Maintenance of Husbandry and
   Tillage, 1597-8--18. Speech in House of Commons on Enclosures,
   1597--19. Speeches in House of Commons on Enclosures, 1601--20.
   Return to Privy Council of Enclosers furnished by Justices of
   Lincolnshire, 1637--21. Complaint of Laud's Action on the Commission
   for Depopulation, 1641.

The agrarian changes which attracted attention from the latter part of
the fifteenth century to the accession of Elizabeth, and again, to a
less degree, at intervals between 1558 and 1660, are a watershed in
economic history, separating mediæval from modern England as decisively
as did, in other departments of national life, the Reformation and the
Tudor monarchy. For the controversial questions surrounding their
causes and consequences we must refer the student to the list of books
given below. All that can be attempted here is to notice the special
points upon which the following documents throw light.

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.

AUTHORITIES

   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).

1. VILLEINAGE IN THE REIGN OF ELIZABETH _[Tingey. Selected Records of
Norwich, Vol. VI, p. 180_], 1561.

Robert Ringwood brought in a certain indenture wherein Lewis Lowth was
bound to him to serve as a prentice for seven years, and Mr. John
Holdiche came before the Mayor and other Justices and declared that the
said Lewis is a bondman to my Lord of Norfolk's grace, and further that
he was brought up in husbandry until he was xx years old. Whereupon he
was discharged of his service.[254]

[Footnote 254: The above case is remarkable as illustrating (_a_) the
survival of villeinage as a working reality into the reign of Elizabeth;
(_b_) the use of Statute law (growing since the first Statute of
Labourers) to supplement the (legally) almost extinct jurisdiction of
lord over villein.]

2. CUSTOMS OF THE MANOR OF HIGH FURNESS [_R.O. Duchy of Lancaster;
Special Commissions; No. 398_], 1576.

[_Presentment of customs of the manor._]

For the Queen.

3. That the jury ought to present at the court after every tenant's
death or alienation, and who is his heir, and which tenant hath aliened,
and to whom, and what, and who ought to be admitted tenant to the same,
which presentment and admittance ought to be made in open court and be
entered by the steward ... in this form.

_Ad hanc curiam juratores presentant quod C.D. tenens customarius hujus
manerii, seisitus in dominico suo ut de feodo secundum consuetudinem
manerii unius messuagii etc, post ultimam curiam alienavit tenementa
predicta cuidam H.F. habenda et tenenda eidem H.F. et heredibus suis
secundum consuetudinem manerii, per quod predictus H.F. per
consuetudinem manerii debet solvere dominae Reginae pro ingressu suo
inde habendo 20s._

4. No person shall hereafter sell his customary tenement or any part of
it, before he first be admitted tenant or come to court, and require to
be admitted ... offering his fine for the same.

The purchaser of any tenement shall publish the sale at the next court
after the purchase, and cause it to be entered on the rolls, that her
Majesty may be duly answered of the fines, forfeitures and duties as
well of the seller as the purchaser [penalty 20s.]. Any purchaser not so
coming to the second court after the purchase shall forfeit 40s., and
the lands purchased shall be seized by the steward.

5. As heretofore dividing and portioning of tenements hath caused great
decay chiefly of the service due to her Highness for horses, and of her
woods, and has been the cause of making a great number of poor people in
the lordship, it is now ordered that no one shall divide his tenement or
tenements among his children, but that the least part shall be of the
ancient yearly rent to her Highness of 6s. 8d., and that before every
such division there shall be several houses and ousettes for every part
of such tenement.

Provided always that it be lawful for any one, who has bought any
tenement or farmhold under the yearly rent of 6s. 8d. having houses and
ousette upon it, which has been used as a dwelling house, [to leave it]
to which of his children he thinks best.

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.

13. No tenant is to stop any common way nor turn aside a beck. Penalty
6s. 8d.

For the tenants.

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:--

If there is but 1 brother, 12 years' ancient rent.

If there are 2 brothers, 16 years' ancient rent, to be equally divided.

If there be 3 or more, 20 years' ancient rent, to be equally divided.

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.

3. PETITION IN CHANCERY FOR RESTORATION TO A COPYHOLD [_Record
Commission. Chancery Proceedings, Ed. VI_], c. 1550.

Richard Cullyer and John Cullyer _v._ Thomas Knyvett, esquire.

   To quiet Plaintiff in possession of certain land holden of the manor
   of Cromwell in Wymondham by copy of court roll, according to the
   custom of the said manor.

   To the right honorable Sir Richard Rich, knight, lord Rich and lord
   Chancellor of England.

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 _subpoena_, 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.

_Answer._

   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.

REPLICATION

   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.

[Footnote 255: _i.e._ Not admitting.]

4. PETITION IN CHANCERY FOR PROTECTION AGAINST BREACH OF MANORIAL
CUSTOMS [R.O. _Chancery Proceedings; Series II, Bundle 196, No. 25_],
1568.

   To the right honorable Sir Nicholas Bacon, knight, Lord Keeper of the
   Great Seal of England.

In most humble wise sheweth and complaineth to your good Lordship your
daily orators John Wyat, John Blake, John Whittington, Thomas Knight,
Thomas Ellis, Thomas Moris, Richard Cooke, Symon Lucas, and Richard
Blake, with divers other poor men to the number of forty, customary
tenants of the manor of Slindon in the County of Sussex.[period? or
comma?] That where they and their ancestors and those whose estate they
have in the said customary tenements, parcel of the said manor (time out
of memory of man) have been seised to them and to their heirs for ever
according to the custom of the said manor, all and every which customs
of late one Anthony Kempe esquire, lord of the said manor, hath
diversely, contrary to conscience and equity, devised and imagined by
divers indirect means to break, annihilate, and infringe, and your said
orators hath diversely vexed and troubled by the order of the common
laws and menaceth to expel your said orators out of their several
tenements unless they will pay other customs and services than they of
right ought to do by the customs of the said manor. For where by the
custom of the said manor your Lordship's said orators and those whose
estate they or any of them have in the premises, have been lawfully and
quietly seised of the said tenements customary in their demesne as of
fee according to the custom of the said manor for the several services
thereupon due and accustomed, clearly discharged of all day works,
licences of marriage or fines for the same, and having always free
liberty to let all and singular the premises aforesaid without any
licence beforehand to be obtained of the lords of the said manor for the
time being, neither have further at any time done any manner of services
whatsoever out of the said manor: And also where after the death of
every of the said customary tenants, having a whole yardland, there hath
been due for heriot only the best beast, and if such have no beast, then
10s. in money only; and after the death of every tenant holding half a
yardland 6s. 8d. for relief only, and after the death of every cottager
6d. only, and at every alienation of a yardland 10s. in money, and at
every alienation of a half yardland 6s. 8d. in money, and at the
alienation of every cottage 6d., and at the death and alienation of
every tenant one whole year's rent only for and in the name of a fine,
over and besides the only heriot or relief aforesaid, and suit of court
and other services in this bill specified: And where by the further
custom of the said manor the lords of the said manor for the time being
by the custom of the said manor should make no seizure or forfeiture for
waste done in their cottages customary, unless the same be severally
presented at the several Courts to be holden one half year after
another, and the same yet then not reformed within one month after; And
where the cutting down of any the woods standing and growing upon their
several tenements customary for house-bote, fire-bote, plough-bote,
cart-bote, gate-bote and hedge-bote, and such like hath not heretofore
been taken for waste but always as lawful to do by the custom of the
said manor; And where also by the further custom of the said manor,
where any forfeiture is committed, perpetrated or done for any offence
whatsoever whereby there is given cause of seizure and forfeiture to the
lord of the manor for the time being, yet by the custom of the same
manor, the said forfeiture notwithstanding, they to whom the same so
forfeited should descend, remain, come, or grow after the death of such
tenant so offending, should and may lawfully claim all and singular such
tenements so forfeited or seized after the death of such offender, as
though no such forfeiture had been made; And where by the custom of the
said manor all and every the tenants of the said manor should and ought
to have from time to time in the woods of the lord of the said manor
sufficient timber for reparations of their said tenements customary at
the assignment of the lord or his officers, and if the lord the same
refuse to do upon reasonable request being thereof made to the said lord
or his steward of his court for the time being, if then their said
tenements decay, or fall down in default of reparations, there shall nor
ought any forfeiture or seizure to be made for any such waste; And where
the widows of the tenants customary of the said manor should and ought
by the custom of the said manor have their widow's estate for one penny
only; And where by their further custom the eldest son, brother or next
cousin, male or female, should inherit and have the said customaries and
after the decease of their ancestors only; And where by the custom of
the said manor it is lawful for the said tenants as aforesaid to assign
and demise the several tenements for years to any person or persons at
their will and pleasure, yet nevertheless by the custom of the said
manor it hath been lawful for the lord of the said manor misliking the
said undertenant upon one year's warning to expel and put out such
tenant, after which it shall be lawful for the said tenants that so did
demise or let their tenements to re-enter and the same to enjoy as
before, and after to let the same as before to any person or persons in
manner and form aforesaid, until such person shall be by the lord
misliked and expulsed as aforesaid; And where by the further custom of
the said manor the said tenants and every of them and their heirs and
assigns should and ought to have the masting of their own hogs in the
time of mast in the north woods of the said manor of Slindon, and
likewise the pasturing of their cattle and sheep in the said woods and
in all other the lord's commons of the said manor, paying for the
ovissing[256] and masting of every hog 2d. only; And whereas by the
further custom of the said manor the tenants aforesaid have and may at
their will and pleasure surrender into the hands of two tenants of the
said manor out of the court, or into the hands of the lord or his
steward in the court, to the use of any person or person of such estate
as they shall declare and limit upon the said surrender, yet
nevertheless by the custom of the said manor it is not lawful for any
tenant of the said manor to convey, surrender or alienate any one part,
parcel or piece of their tenement customary, unless he give and
surrender the whole to the use of one only person in possession; And
where the youngest tenant of any customary tenement for the time being
ought to be crier in the lord's court by the custom of the said manor:
All which customs are not only to be proved to be the old and ancient
customs of the said manor, but also now of late the said Anthony Kempe
hath by his deed indented declared the same to be true in manner and
form as it is before alleged; And where by the said Indenture the said
Anthony Kempe hath further, for and in consideration of a further and a
new rent of eight pounds to him granted, and for and in consideration of
twenty pounds to him paid, and for and in consideration to make a
perpetual and final end of all controversies heretofore moved and after
to be moved, doth further covenant and grant in the said indenture that
it shall be lawful for the customary tenants and copyholders of the said
manor to enclose, and sever, and severally to hold to them and to their
heirs and assigns forever six score acres of land, parcel of the wastes
of the lords of the said manor, wherein they now have common, in such
place convenient to be limited before the feast of Easter next coming,
by consent of two persons to be named by the said Anthony Kempe and two
other persons by the said tenants; All the which premises
notwithstanding, the said Anthony Kempe doth against all conscience
utterly deny unto your Lordship's said orators their said customs and
the aforesaid further agreement according to the said indenture, and
doth daily vex your said orators quietly to have and enjoy their said
customary tenants [_sic_] with their appurtenances according to the
customs aforesaid. May it therefore please your good lordship the
premises favourably tendering to grant the Queen's Majesty's writ of
_subpoena_ to be directed to the said Anthony Kempe commanding him
thereby personally to appear in this honourable Court at a day certain
in the said writ of _subpoena_ mentioned, then and there upon his
corporal oath to answer to the premises and to abide such order therein
as to your Lordship shall upon the truth of the matter appearing seem
according to equity; and your said poor orators shall daily pray to God
for the continual preservation of your honor.

EDWARD FENNER.

[Footnote 256: _i.e._ Pasturing.]

5. LEASE[257] OF THE MANOR OF ABLODE TO A FARMER [_Rolls Series.
Historia et Cartularium Monasterii Gloucestriæ, Vol. III, pp. 291-5_],
1516.

This indenture made on the 5th day of October in the seventh year of
King Henry VIII between William ... Abbot of St. Peter ... of the one
part and Richard Cockes and Catharine his wife ... and William and John,
sons of the said Richard and Catharine, of the other part, witnesseth,
that the aforesaid Abbot and Convent ... have leased, demised, and to
farm let to Richard, Catharine, William, and John, the site of their
Manor of Ablode, situated in the county of Gloucester, with all its
houses, buildings, arable lands, meadows, feedings and pastures,
dovecotes, weir, waters, fishpools, and rabbit warrens, with all and
everything thereto pertaining. And the said abbot and convent have
leased to the aforesaid ... divers goods and chattels, moveable, and
immoveable, pertaining to the said manor. ... Moreover the said abbot
and convent have leased to the said ... 320 sheep remaining for stock on
the said manor, priced per head at 16d., which amounts in all to the sum
of 21l. 6s. 8d., together with their meadows, pastures and all easements
... needed for the support of the said sheep.... Furthermore the said
abbot and convent have leased to the aforesaid ... divers lands and
demesne meadows belonging to the said manor, when the reversion thereof
shall in any way have occurred, which lands and demesne meadows are now
occupied by the customary tenants of the lord, as is plain from the
rental drawn on the back of the present indenture.... And it shall be
lawful for the aforesaid Richard, Catharine, William and John, or any of
them to introduce at their pleasure new tenants on all those demesne
lands aforesaid, now in the hands of the tenants there, whenever the
aforesaid reversion shall have fallen in.

[Footnote 257: The most interesting clauses in the lease are (_a_) that
which relates to the leasing of the stock of the manor ("Stock and land
lease"); (_b_) the last, which shows how the practice of leasing a manor
to one large farmer replaced the earlier practice of leasing parts of it
to numerous small tenants.]

6. LEASE OF THE MANOR OF SOUTH NEWTON TO A FARMER [_Roxburghe Club,
Surveys of the lands belonging to William Earl of Pembroke_], 1568.

John Rabbett holds to himself and his assigns, by an indenture dated
November 28 in the fourth year of Elizabeth, at a fine of £120, the
whole site of the farm of the Manor of South Newton in the county of
Wilts., all its demesne lands, meadows, marshes, pastures, commons,
fisheries, and the customary works of the tenants in South Newton,
Stovord, and Childhampton, with all and singular their appurtenances in
the above-mentioned South Newton belonging to the site and the farm or
of old demised to farm with the above-mentioned site, as fully as Lewis
ap Jevan had and occupied it, and also one virgate of land and one ham
of meadow, lying in the afore-mentioned South Newton, called the
Parson's yardland and ham with a sheep pasture, ... excepted and
altogether reserved to the lord and his heirs the advowson of the
vicarage there; the said John Rabbett and his assigns to have and to
hold the aforesaid ... from Michaelmas before this indenture for the
full term of 21 years, paying thence yearly to the lord for the
aforesaid farm and site with its appurtenances

  per bs. 12d. 4l.
  10 quarters of wheat
  prec. cap. 4d. 6s. 8d.
  20 capons,

  per bs. 8d. 106s. 8d.
  29 quarters of barley,
  prec. cap. 4d. 6s. 8d.
  20 pigeons,

  per bs. 3d. 26s. 8d.
  [_sic_]
  10 quarters of oats
  prec. cap. 4d. 4s.
  12 great fish called great Trouts.

and for the aforesaid virgate of land ... 13s. at the usual terms, with
all other clauses and agreements, as is set forth at length in the
indenture placed in the register. And be it known that the grain,
capons, and pigeons and fish are valued at the rate written above the
head of each kind. And there belong to the farm of arable land 55 acres
in Middlefield, 60 acres in Westfield, and 60 acres in Eastfield, and
one meadow called Long Ham lying in a close and containing 11-1/2 acres,
and the cropping of one meadow called Duttenham lying in the west part
of Wishford containing 10-1/2 acres, one meadow called Beymeade
containing 4-1/2 acres lying on the north-west side of South Newton,
and one curtilage near the barn containing 2 acres, and a hill called
the Down estimated to contain 100 acres, and it is able to keep 500
sheep, 36 cattle, and 12 horses. And there belong to the aforesaid
virgate of land, called the Parson's Yardland, of arable land in
Southfield 6-1/2 acres, in Middlefield 8-1/2 acres, in Northfield 6
acres, and one ham of meadow, pasture for 10 cows, 1 bull, and 120 sheep
with the farmer, 14s.

  4l.
  Wheat 10 qrs.
  106s. 8d.
  Barley 20 qrs.
  26s. 8d.
  Oats 10 qrs.
  6s. 8d.
  Capons 20.
  6s. 8d.
  Pigeons 20.
  4s.
  Fish 12.

7. THE AGRARIAN PROGRAMME OF THE PILGRIMAGE OF GRACE [_Gairdner, Letters
and Papers, Hen. VIII, Vol_. xi, 1246], 1536.

9. That the lands in Westmoreland, Cumberland, Dent, Sedbergh, Furness,
and the abbey lands in Mashamshire, Kyrkbyshire, Notherdale, may be by
tenant right, and the Lords to have, at every change, 2 years rent for
gressum, according to the grant now made by the Lords to the Commons
there. This is to be done by Act of Parliament.

13. The statute for enclosures and intacks to be put in execution, and
all enclosures and intacks since 4 Hen. VII to be pulled down, except
mountains, forests, and parks.

8. THE DEMANDS OF THE REBELS LED BY KET [_Harl. MSS. 304, f. 75. Printed
by Russell, Ket's Rebellion in Norfolk, p. 48_], 1549.

We pray your grace that where it is enacted for enclosing that it be not
hurtful to such as have enclosed saffron grounds, for they be greatly
chargeable to them, and that from henceforth no man shall enclose any
more.[258]

We certify your grace that whereas the lords of the manors hath been
charged with certe free rent, the same lords hath sought means to charge
the freeholders to pay the same rent, contrary to right.

We pray your grace that no lord of no manor shall common upon the
commons.

We pray that priests from henceforth shall purchase no lands neither
free nor Bondy, and the lands that they have in possession may be letten
to temporal men, as they were in the first year of the reign of King
Henry the VII.

We pray that reed ground and meadow ground may be at such price as they
were in the first year of King Henry the VII.

We pray that all marshes that are holden of the King's Majesty by free
rent or of any other, may be again at the price that they were in the
first year of King Henry VII.

We pray that all bushels within your realm be of one stice, that is to
say, to be in measure viii gallons.

We pray that [priests] or vicars that be [not able] to preach and set
forth the word of God to his parishioners may be thereby put from his
benefice, and the parishioners there to choose another, or else the
patron or lord of the town.

We pray that the payments of castleward rent, and blanch farm and office
lands, which hath been accustomed to be gathered of the tenements,
whereas we suppose the lords ought to pay the same to their bailiffs for
their rents gathering, and not the tenants.

We pray that no man under the degree of a knight or esquire keep a dove
house, except it hath been of an old ancient custom.

We pray that all freeholders and copyholders may take the profits of all
commons, and there to common, and the lords not to common nor take
profits of the same.

We pray that no feodary within your shires shall be a councillor to any
man in his office making, whereby the King may be truly served, so that
a man being of good conscience may be yearly chosen to the same office
by the commons of the same shire.

We pray your grace to take all liberty of let into your own hands
whereby all men may quietly enjoy their commons with all profits.

We pray that copyhold land that is unreasonably rented may go as it did
in the first year of King Henry VII, and that at the death of a tenant
or at a sale the same lands to be charged with an easy fine as a capon
or a reasonable [sum] of money for a remembrance.

We pray that no priest [shall be chaplain] nor no other officer to any
man of honour or worship, but only to be resident upon their benefices
whereby their parishioners may be instructed with the laws of God.

We pray that all bond men may be made free, for God made all free with
his precious blood-shedding.

We pray that rivers may be free and common to all men for fishing and
passage.

We pray that no man shall be put by your escheator and feodary to find
any office unless he holdeth of your Grace in chief or capite above
xl._l_ by year.

We pray that the poor mariners or fishermen may have the whole profits
of their fishings as porpoises, grampuses, whales or any great fish, so
it be not prejudicial to your Grace.

We pray that every proprietary parson or vicar having a benefice of
xv._l_ or more by year shall either by themselves or by some other
person teach poor men's children of their parish the book called the
catechism and the primer.

We pray that it be not lawful to the lords of any manor to purchase
lands freely and to let them out again by copy of court roll to their
great advancement and to the undoing of your poor subjects.

We pray that no proprietary parson or vicar, in consideration of
avoiding trouble and suit between them and their poor parishioners which
they daily do precede and attempt, shall from henceforth take for the
full contentation [_i.e._ satisfaction] of all the tenths which now they
do receive but viiid of the noble in the full discharge of all other
tithes.

We pray that no man under the degree of [_blank_] shall keep any conies
upon any of their own freehold or copyhold unless he pale them in so
that it shall not be to the commons' nuisance.

We pray that no person, of what estate, degree or condition he be, shall
from henceforth sell the wardship of any child, but that the same child
if he live to his full age shall be at his own chosen concerning his
marriage, the King's wards only except.

We pray that no manner of person having a manor of his own shall be no
other lord's bailiff but only his own.

We pray that no lord knight nor gentleman shall have or take in farm any
spiritual promotion.

We pray that your Grace to give license and authority by your gracious
commission under your great seal to such commissioners as your poor
commons hath chosen, or as many of them as your Majesty and your council
shall appoint and think meet, for to redress and reform all such good
laws, statutes, proclamations, and all other your proceedings, which
hath been hidden by your justices of your peace, sheriffs, escheators,
and other your officers from your poor commons, since the first year of
the reign of your noble grandfather King Henry VII.

We pray that those your officers that hath offended your Grace and your
commons, and so proved by the complaint of your poor commons, do give
unto these poor men so assembled iiijd. every day so long as they have
remained there.

We pray that no lord, knight, esquire nor gentleman do graze nor feed
any bullocks or sheep if he may spend forty pounds a year by his lands,
but only for the provision of his house.

  By me, Robt. Kett.
  " "   Thomas Aldryche.

  Thomas Cod.

[Footnote 258: Some doubt has been expressed as to the interpretation of
these words. They should probably be read as referring to enclosures
made not by lords or by large farmers, but by the peasants themselves.
The rebels point out that a considerable number of people have spent
capital on hedging and ditching their lands for the better cultivation
of saffron, and therefore ask that, while other enclosures should be
pulled down, a special exception may be made in favour of this
particular kind of enclosure.]

9. PETITION TO COURT OF REQUESTS FROM TENANTS RUINED BY TRANSFERENCE OF
A MONASTIC ESTATE TO LAY HANDS[259] [_R.O. Requests Proceedings, Bundle
23, No. 13_], 1553.

Inhabitants of Whitby _v._ York.

   To [the] Queen's Highness our most dread Sovereign Lady and to her
   most honorable Council.

1553. Lamentably complaining sheweth unto your Highness and to ...
Council your poor obedient subjects and daily orators, poor husbandmen
the ... of Halkesgarthe and Senseker in Whitby Strand in the County of
York, that the said inhabitants, late being tenants of the dissolved
Monastery of Whitby [afore]said, after it was come into the hands of our
late sovereign lord King Henry ... and after that it did come to the
hands and possession of the late Duke of Northumb[erland] and of late
purchased of him by one Sir John Yorke, knight, who is now in possession
of the premises; which said Sir John Yorke hath lately been there and
kept court on the said premises at two sundry times; which said Sir John
Yorke of his extort power and might, and by great and sore threatenings
of the said tenants and inhabitants there, and by other means, hath
gotten from them all the leases [that were in their] custodies and
possession, and unreasonably hath raised and ... rents and excessively
hath gressomed, fined, pilled and ... maketh inquiry all about for your
poor orators with great ... do suppose if he could find them, he would
lay the ... because they should not be able to exhibit this their bill
of c[omplaint] ... and your said Council, how he hath fined them and
raised ... and yearly rents, if your said orators should still bear and
pay, appear by a bill hereunto annexed your orators hands or marks
thereto ... of the old [rents] the [ne]w by them ... to be paid unto the
said Sir John Yorke ... thereby shall be utterly undone in this world
... favour, help and succour with speedy [remedy] ... consideration of
the premises and forasmuch as your said orators and ancestors of your
said poor orators have holden and enjoyed the premises according to the
old ancient custom, old rents and old fines, as hereunder it may plainly
appear, without enhancing, or raising, without vexation or trouble, and
in consideration also that the said Sir John Yorke is a man of power and
might, lands, goods, and possessions ... greatly friended, and your poor
orators being sore afraid to be imprisoned by him, and also very poor
men, and not able to sue against him, nor hath no remedy but only to sue
... Majesty of your most gracious goodness ... said Council, to call
before your Majesty and your said C[ouncil] ... and to take order in the
premises, that your poor orators according to justice, right, and good
conscience may peaceably enjoy all the premises, paying their old
accustomed rents and fines, according as they and their ancestors have
done, time out of mind of man. And your said poor orators shall daily
pray to God for the prosperous preservation of your Majesty in your most
Royal Estate long to reign, and for your most honourable Council long to
continue.

Endorsed....

21 October

The tenants and inhabitants of Senseker and Halkesgarthe in Whitby
Strand in the County of York desire to have Sir John Yorke called before
the Council and to take order that your orators may have....

_The Names of the tenants of Halkesgarthe and Senseker._

                              The old           The new         And the
                               rent.             rent.           fine.
  First John Coward          24s.             3l.     16d.      33s. 4d.
  From Henry Russell         42s. 11-1/2d.    4l. 7s.  3d.   3l. 6s. 8d.
  From Elisabeth Postgate,
    widow                    18s. 10d.           41s.  5d.      18s.
  From Thomas Robynson       12s. 11-1/2d.       40s.  7d.      33s. 4d.
  From John Robynson         10s.  2d.           33s.  4d.      33s. 4d.
  From James Browne          16s.  1d.           36s. 10d.      24s. 6d.
  From Robert Lyne           16s.  4d.           33s. 10d.      13s. 4d.
  From John Nattris           7s.  8d.           15s.           10s.
  From Robert Stor           23s.  5d.           50s.  2d.      15s
  From Thomas Coward         14s.  9d.           31s.            2s. 6d.
  From Thomas Hodshon        20s.  5d.           50s.  8d.      24s.
  From William Walker         7s.  3d.           17s.            5s.
  From Henry Tomson          11s.  3-1/2d.
  From Henry Coverdaill      15s.                36s.           11s. 8d.
  From Nicholas Grame        22s.  6d.           46s.  8d.       3s.
  From William Postgate      28s.  7d.        3l. 6s.  8d.      23s. 6d.
  From William Brown         13s.  4d.            26s. 8d.      24s.10d.
  From Robert Jefrayson      14s.                 30s.           3s. 4d.
  From William Bois and
    Robert Jefrayson         34s.  8d.        3l.  6s. 8d.      13s. 4d.
  From Robert Barker         14s.  6d.            30s.           2s. 8d.
  From Christofer Jefrayson  10s.  8d.            26s. 8d.       3s. 4d.
  From Richard Colson and
    Isabell Colson, widow    31s.             3l.  2s.
  From Robert Sutton and
    Kateryn Sutton, widow    23s.  4d.            53s. 4d.      36s. 8d.
  From Thomas Postgate,
    younger, and Henry
    Russell                  27s.  6d.        3l.  6s. 8d.      37s.
  From Thomas Postgate the
    elder, Suthwait house    18s.  3d.           46s.  8d.      23s. 4d.
  From Robert Huntrodes      50s.  2d.       5l. 16s.  8d.       7s.

At Lammas last past my Lady Yorke at Whitby earnestly demanded of the
said Robert Michaelmas farm before hand, insomuch he durst not hold it
but paid it to her, the sum

  of                         58s.  4d.

   From William Jakson, likewise paid 20s. for his farm afore hand.

  From Maryon Huntrodes,
    widow                    50s.  2d.       5l. 16s.  8d.       7s.
                               Sum:--            Sum:--          Sum:--
                        28l. 19s.  8-1/2d.  64l.  9s.  9d. 23l. 15s. 8d.

  [Endorsed.] Bill versus Yorke.
    Orders and Decrees.
        24th day of October in the first year of the reign of
            Queen Mary.

Be it remembered that the cause brought afore the Queen's Council in Her
Majesty's Court of Requests at the suit as well of Robert Stor as
William Poskett and William Browne, tenants to Sir John Yorke, knight,
in the Lordship of Whitby in the County of York, is now ordered by the
said Council by the agreement of the said Sir John, who hath promised
that the said parties afore named, and every of them, shall have and
quietly enjoy their tenements and holds during the years and terms in
their leases and copies yet enduring, paying their rents and farms
accustomed without any interruption to the contrary or any other by him
or in his name or procurement.

[Footnote 259: This document, though very imperfect, is interesting as
illustrating (_a_) the land speculation which followed the dissolution
of the monasteries, (_b_) the rack-renting of tenants which such
speculation naturally produced.]

10. PETITION TO COURT OF REQUESTS TO STAY PROCEEDINGS AGAINST TENANTS
PENDING THE HEARING OF THEIR CASE BEFORE THE COUNCIL OF THE NORTH [_R.O.
Requests Proceedings. Bundle III, No. 24_], 1576.

_To the Queen's most excellent Majesty._

In most humble wise sheweth unto your Majesty your poor subject Thomas
Langhorne, and other the inhabitants and residents of the lordship of
Thornthwaite in your county of Westmoreland, that whereas your suppliant
and other of the inhabitants and residents of the lordship aforesaid,
and their ancestors time out of memory of man, have quietly had and
enjoyed from heir to heir according to their ancient custom in
consideration of their service to be in readiness with horse,[260]
harness and other furniture to serve your Majesty at their own costs and
charges in defence of your realm against the Scots, which custom hath
been sufficiently approved and allowed before your Majesty's President
and Council at York, as by a decree ready to be shewed more at large it
may appear. But so it is, and if it please your Majesty, that Sir Henry
Curwyn, knight, lord of the lordship aforesaid, hath since the beginning
of your Majesty's reign expelled out of one piece of Shapps parish
within the said lordship, where there was but thirteen tenants, twelve
of them he hath expelled and taken their land from them and enclosed it
into his demesnes, whereby your Majesty's service for the same is
utterly taken away: and also the said Sir Henry Curwyn, lord of the
lordship aforesaid, hath of late surrendered over the same lordship to
Nicholas Curwyn, gentleman, his son and heir, which Sir Henry and
Nicholas do excessively fine the poor tenants and specially your orator,
who was forced to pay them for the fine of his tenement, being but 13s.
10d. by year, 31l. 6s. 8d., and was admitted tenant to the said Nicholas
Curwyn, who notwithstanding hath contrary to all right and conscience
granted a lease of your subject's tenement to one Henry Curwyn, servant
to the same Nicholas, in the nature of an _ejection firm_[261] here at
the common law, and hath by your Majesty's writ arrested your orator to
appear in your Highness' Bench at Westminster to the utter undoing of
your said poor subject, his wife and five children for ever, being not
able to defend his rightful cause: May it therefore please your most
excellent Majesty that order may be set down by your Majesty and your
most honourable council that none of the lordship aforesaid may be
expelled out and from their tenant rights until their said custom shall
be tried and examined before the Lord President of York for the time
being, and that your Majesty's said subject may not be constrained to
answer any suit here at the Common Law concerning their tenant right.
And your said orators shall according to their bounden duties pray to
God for the preservation of your most Royal Majesty long to live and
reign over us.

[Endorsed.] 18 May, 1586.

Your humble subject Thomas Langhorne, one of the tenants of the lordship
of Thornthwaite in the county of Westmoreland, being molested in their
tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of
the said manor, desire most humbly that all actions at the Common Laws
here at Westminster might be stayed and the full hearing of the matter
reserved to the Lord President at York.

      25 May, 18 Elizabeth.
  Writ of injunction granted, as appears, etc.

[Footnote 260: For this form of customary tenure, "border tenure," see
_Northumberland County History_, _passim_.]

[Footnote 261: _i.e._ an _ejectio firmae_, an action of ejectment. See
Pollock and Maitland, _History of English Law_. Vol. II. p. 109.]

11. PETITION FROM FREEHOLDERS OF WOOTTON BASSETT FOR RESTORATION OF
RIGHTS OF COMMON [_Topographer and Genealogist, Vol. III_], _temp._
Charles I.

To the Right Honourable House of Parliament now assembled, the humble
petition of the Mayor and Free Tenants of the Borough of Wootton Basset
in the County of Wilts.

Humbly showeth to this Honourable House, That whereas the Mayor and Free
Tenants of the said Borough, by relation of our ancient predecessors,
had and did hold unto them free common of pasture for the feeding of all
sorts of other beasts, as cows, etc., without stint, be they never so
many, in and through Eastern Great Park, which said park contained by
estimation 2000 acres of ground or upwards; and in the second and third
year of the reign of King Philip and Queen Mary the manor of Wootton
Basset aforesaid came by patent into the hands and possession of one Sir
Francis Englefield, knight, who, in short time after he was thereof
possessed, did enclose the said park; and in consideration of the common
of pasture that the free tenants of the borough had in the said park did
grant, condescend and lease out unto the said free tenants of the said
borough to use as common amongst them that parcel of the said Great Park
which formerly was and now is called by the name of Wootton Lawnd, which
was but a small portion to that privilege which they had before it,
[and] doth not contain by estimation above 100 acres; but the free
tenants being therewith contented, the mayor and free tenants did
equally stint the said ground or common, as followeth:--that is to say
to the mayor of the town for the time being two cows feeding, and to the
constable one cow feeding, and to every inhabitant of the said borough,
each and every of them, one cow feeding and no more, as well the poor as
the rich, and every one to make and maintain a certain parcel or bound
set forth to every person; and ever after that inclosure for the space
of fifty and six years or thereabouts any messuage, burgage or tenement
that was bought or sold within the said borough did always buy and sell
the said cows-leaze together with the said messuage or burgage as part
member of the same, as doth and may appear by divers deeds which are yet
to be seen; and about which time, as we are informed and do verily
believe, that Sir Francis Englefield, heir of the aforesaid Sir Francis
Englefield, did by some means gain the charter of our town into his
hands, and as lately we have heard his successor now keepeth it; and we
do believe that at the same time he did likewise gain the deed of the
said common, and he thereby knowing that the town had nothing to show
for their rights of common but by prescription, did begin suits in law
with the said free tenants for their common, and did vex them with so
many suits in law for the space of seven or eight years at the least,
and never suffer anyone to come to trial in all that space, but did
divers times attempt to gain his possession thereof by putting in of
divers sorts of cattle, in so much that at length, when his servants did
put in cows by force into the said common, many times and present upon
the putting of them in, the Lord in his mercy did send thunder and
lightning from heaven, which did make the cattle of the said Francis
Englefield to run so violent out of the said ground that at one time one
of the beasts was killed therewith; and it was so often that people that
were not there in presence to see it, when it thundered, would say Sir
Francis Englefield's men were putting in their cattle into the Lawnd,
and so it was, and as soon as those cattle were gone forth it would
presently be very calm and fair, and the cattle of the town would never
stir but follow their feeding as at other times, and never offer to move
out of the way but did follow their feeding. And this did continue so
long, he being too powerful for them, that the said free tenants were
not able to wage law any longer; for one John Rous, one of the free
tenants, was thereby enforced to sell all his land (to the value of
£500) with following the suits in law, and many others were thereby
impoverished and were thereby forced to yield up their right and take a
lease of their said common of the said Sir Francis Englefield for term
of his life. And the said mayor and free tenants hath now lost their
right of common in the said Lawnd near about twenty years, which this
Sir Francis Englefield, his heirs and his trustees, now detaineth from
them. Likewise the said Sir Francis Englefield hath taken away their
shops or shambles standing in the middle of the street in the
market-place from the town, and hath given them to a stranger that
liveth not in the town.... And he hath altered and doth seek ways and
means to take the election of the mayor of our town to himself; for
whereas the mayor is chosen at the law-day and the jury did ever make
choice of two men of the town and the lord of the manor was to appoint
one of them to serve, which the lord of the manor refused, and caused
one to stay in two years together divers times, which is a breach of our
custom.

And as for our common we do verily believe that no corporation in
England so much is wronged as we are. For we are put out of all the
common that ever we had and have not so much as one foot of common left
unto us, nor never shall have any. We are thereby grown so in poverty,
unless it please God to move the hearts of this Honourable House to
commiserate our cause, and to enact something for us, that we may enjoy
our right again. And your orators shall be ever bound to pray for your
health and prosperity to the Lord.

[here follow 23 signatures.]

Divers hands more we might have had, but that many of them doth rent
bargains of the lord of the manor, and they are fearful that they shall
be put forth of their bargains; and then they shall not tell how to
live. Otherwise they would have set to their hands.

12. PETITION TO CROWN OF COPYHOLDERS OF NORTH WHEATLEY [_S.P.D. Charles
I, Vol. 151, No. 38_], 1629.

To the King's most Excellent Majesty.

The humble petition of your Majesty's poor and distressed tenants of
your manor of North Wheatley in the county of Nottingham belonging to
your Majesty's Duchy of Lancaster.

Most humbly shewing: That your poor subjects have time out of mind been
copyholders of lands of inheritance to them and their heirs for ever of
the manor aforesaid, and paid for every oxgang of land xvis. viiid.
rent, and paid heretofore upon every alienation xiid. for every oxgang,
but now of late, about 4_o_ Jacobi by an order of the Duchy Court they
pay xis. vid. upon every alienation for every acre, which amounteth now
to 45s. an oxgang.

And whereas some of your tenants of the said manor have heretofore held
and do now hold certain oxgangs of lands belonging to the said manor by
copy from 21 years to 21 years, and have paid for the same upon every
copy 2s., and for every oxgang 16s. 8d. per annum, they now of late, by
an order in the Duchy Court, hold the same by lease under the Duchy
Seal, and pay 6l. 13s. 4d. for a fine upon every lease and 16s. 8d. rent
with an increase of 6s. 8d. more towards your Majesty's provision.

And whereas in 11_o_ Edw. 4_i_, your petitioners did by copy of
court roll hold the demesnes of the said manor for term of years at 9l.
6s. 8d. per annum, they afterwards in 6_o_ Eliz. held the same demesnes
by lease under the seal of the Duchy for 21 years, at the like rent. And
ten years before their lease was expired, they employed one Mr. Markham
in trust to get their lease renewed, who procured a new lease of the
demesnes in his own name for 21 years at the old rent, and afterwards,
contrary to the trust committed to him, increased and raised the rent
thereof upon the tenants to his own private benefit to 56l. per annum.

And whereas the woods belonging to the said manor hath within the memory
of man been the only common belonging to the said town, paying yearly
for the herbage and pannage thereof 6s. 8d., they now also hold the same
under the Duchy Seal at 16l. 16s. 2d. per annum.

And whereas the court rolls and records of the said manor have always
heretofore been kept under several locks and keys, whereof your
Majesty's stewards have kept one key and your Majesty's tenants (in
regard it concerned their particular inheritances) have kept another
key; but now they are at the pleasure of the stewards and officers
transported from place to place, and the now purchasers do demand the
custody of them, which may be most prejudicial to your Majesty's poor
tenants.

Now forasmuch as your Majesty hath been pleased to sell the said manor
unto the City of London, who have sold the same unto Mr. John Cartwright
and Mr. Tho. Brudnell, gent.: and for that your petitioners and tenants
there (being in number two hundred poor men, and there being 11 of your
Majesty's tenants there, that bear arms for the defence of your
Majesty's realm, and 12 that pay your Majesty subsidies, fifteens, and
loans) are all now like to be utterly undone, in case the said Mr.
Cartwright and Mr. Brudnell should (as they say they will) take away
from your tenants the said demesnes and woods after the expiration of
their leases, and that your poor tenants should be left to the wills of
the purchasers for their fines, or that the records and court rolls
should not be kept as in former times in some private place, where the
purchasers and tenants may both have the custody and view of them as
occasion shall serve;

May it therefore please your sacred Majesty that such order may be taken
in the premises for the relief of your poor tenants of the manor
aforesaid, that they may not be dispossessed of the demesnes and leases,
and that they may know the certainty of their fines for the copyhold,
demesnes and leases, and may have the court rolls and records safely
kept as formerly they have been, and that your Majesty will be further
pleased to refer the consideration, hearing, ordering and determination
of the premises unto such noblemen, or other four gentlemen of esteem in
the country, whom your Majesty shall be pleased to appoint, that are
neighbours unto your tenants, and do best know their estate and
grievances. That they or any two or three of them may take such order,
and so settle the business between the purchasers and your poor tenants,
as they in their wisdom and discretion shall judge to be reasonable and
fitting, or to certify your Majesty how they find the same and in whose
default it is they cannot determine thereof. And your poor tenants as in
all humble duty bound will daily pray for your Majesty.

Whitehall, this 10th of November, 1629.

His Majesty is graciously pleased to refer the consideration of this
request to the commissioners for sale of his lands, that upon the report
unto his Majesty of their opinion and advice his Majesty may give
further order therein.

DORCHESTER.

13. AN ACT AVOIDING PULLING DOWN OF TOWNS [_7 Hen. VIII, c. 1. Statutes
of the Realm, Vol. III, pp. 176-7_], 1515.

The King our Sovereign Lord calling to his most blessed remembrance that
where great inconveniences be and daily increase by dislocation, pulling
down, and destruction of houses and towns within this realm, and laying
to pasture lands which customably have been manured and occupied with
tillage and husbandry, whereby idleness doth increase, for where in some
one town 200 persons, men and women and children, and their ancestors
out of time of mind, were daily occupied and lived by sowing corn and
grains, breeding of cattle, and other increase necessary for man's
sustenance, and now the said persons and their progenies be minished and
decreased, whereby the husbandry which is the greatest commodity of this
realm for sustenance of man is greatly decayed, Churches destroyed, the
service of God withdrawn, Christian people there buried not prayed for,
the patrons and curates wronged, cities, market towns brought to great
ruin and decay, necessaries for man's sustenance made scarce and dear,
the people sore minished in the realm, whereby the power and defence
thereof is enfeebled and impaired, to the high displeasure of God and
against his laws and to the subversion of the common weal of this realm
and dislocation of the same, if substantial and speedy remedy be not
thereof provided; wherefore the King our Sovereign Lord, by the advice
and assent of the Lords Spiritual and Temporal, and the Commons, in this
present Parliament assembled, and by the authority of the same,
ordaineth, stablisheth and enacteth, that all such towns, villages,
boroughs and hamlets, tything houses and other habitations in any parish
or parishes within this realm, whereof the more part the first day of
this present parliament was or were used and occupied to tillage and
husbandry, [as] by the owner or owners thereof for their singular
profit, avail, and lucre wilfully since the said first day be or
hereafter shall be suffered or caused to fall down and decay, whereby
the husbandry of the said towns, villages, boroughs, hamlets, tithings
houses and other habitations and parishes within this realm been or
hereafter shall be decayed, and turned from the said use and occupation
of husbandry and tillage into pasture, shall be by the said owner or
owners, their heirs, successors or assigns or other for them, within one
year next after such wilful decay, re-edified and made again meet and
convenient for people to dwell and inhabit in the same, and to have use
and therein to exercise husbandry and tillage as at the said first day
of this present parliament or since was there used, occupied and had,
after the manner and usage of the country where the said land lieth, at
the cost and charges of the same owner or owners, their heirs,
successors or assigns. And if since the said first day of this present
parliament any lands which at the same first day or since were commonly
used in tillage, been enclosed or from henceforth shall be enclosed and
turned only to pasture, whereby any house of husbandry within this realm
is or shall be hereafter decayed, that then all such lands shall be by
the same owner or owners, their heirs, successors or assigns or other
for them, within one year next ensuing the same decay, put in tillage,
and exercised, used and occupied in husbandry and tillage, as they were
the first said day of this present parliament or any time since, after
the manner and usage of the country where such land lieth; and if any
person or persons do contrary to the premises or any of them, that then
it be lawful to the King, if any such lands or houses be holden of him
immediately, after office or inquisition found thereof comprehending the
same matter of record, or to the lords of the fees, if any such lands or
houses [have] been holden of immediately, without office or inquisition
thereof had, to receive yearly half the value of the issues and profits
of any such lands whereof the house or houses of husbandry be not so
maintained and sustained, and the same half deal of the issues and
profits to have, hold and keep to his or their own use without anything
thereof to be paid or given, to such time as the same house or houses be
sufficiently re-edified, built or repaired again, for the exercising and
occupying of husbandry; and immediately after that, as well the interest
and title given by this Act to our Sovereign Lord the King as to the
lords of the fee to cease and no longer to endure; and that it shall be
lawful to the owner and owners of such lands, house or houses holden
immediately of our said Sovereign Lord the King to have and enjoy the
same and to take the issues and profits thereof as if no such office or
inquisition had never been had nor made; and that no manner of freehold
be in the King nor in any such lord or lords by virtue of this act or
taking of any such profits of or in any such lands in no manner of form,
but only the King and the said lord or lords have power to take, receive
and have the said issues and profits as is abovesaid, and therefore the
King or the said lord or lords to have power to distrain for the same
issues and profits to be had and perceived by them in form abovesaid by
authority of this present act....

14. THE COMMISSION[262] OF INQUIRY TOUCHING ENCLOSURES [_Patent Roll 9
Hen. VIII, p. 2, m. 6d._], 1517.

The King to his beloved and faithful John Veysy, dean of our Chapel,
Andrew Wyndesore, knight, and Roger Wegeston, late of Leicester,
greeting. Whereas of late in times past divers our lieges, not having
before their eyes either God or the benefit and advantage of our realm
or the defence of the same, have enclosed with hedges and dykes and
other enclosures certain towns, hamlets and other places within this our
realm of England, where many of our subjects dwelt and there yearly and
assiduously occupied and exercised tillage and husbandry, and have
expelled and ejected the same our subjects dwelling therein from their
holdings and farms, and have reduced the country round the houses, towns
and hamlets aforesaid, and the fields and lands within the same, to
pasture and for flocks of sheep and other animals to graze there for the
sake of their private gain and profit, and have imparked certain great
fields and pasture and woods of the same in large and broad parks, and
certain others in augmentation of parks for deer only to graze there,
whereby the same towns, hamlets and places are not only brought to
desolation, but also the houses and buildings of the same are brought to
so great ruin, that no vestige of the same at the present is left, and
our subjects, who have dwelt in the said places and there occupied and
exercised tillage and husbandry, are now brought to idleness, which is
the step-mother of virtues, and daily live in idleness, and the crops
and breeding of cattle that were bred and nourished by the same tillers
and husbandmen dwelling in the same towns, hamlets and places for human
sustenance, are withdrawn and entirely voided from the same places, and
the churches and chapels there hallowed are destroyed and divine
services there taken away, and the memory of souls of Christians buried
there utterly and wholly perished, and many other inestimable damages
grow therefrom and daily hereafter will grow, to the greatest desolation
and undoing of our realm and diminution of our subjects, unless an
opportune remedy for the reformation of the same be swiftly and speedily
applied: We, as we are duly bound, desiring to reform the aforesaid and
wishing to be certified touching the same, what and how many towns and
hamlets and how many houses and buildings have been thrown down from the
feast of St. Michael the Archangel in the fourth year of the reign of
the most illustrious lord Henry, late King of England, the Seventh, our
father, and how many and how great lands which were then in tillage are
now enclosed and converted to pasture, and how many and how great parks
have been imparked for the feeding of deer since the same feast, and
what lands have been enclosed in any parks or any park, which then were
or was, for the amplifying and enlarging of such parks, have therefore
appointed you and two of you to enquire by oath of good and lawful men
of the counties of Oxford, Berks, Warwick, Leicester, Bedford,
Buckingham, and Northampton, as well within liberties as without, and by
other ways, manners and means whereby you shall or may the better learn
the truth, what and how many towns, how many houses and buildings have
been thrown down from the aforesaid feast, and how many and how great
lands which were then in tillage are now converted to pasture, and how
many and how great parks have been enclosed for the feeding of deer on
this side the same feast, and what lands have been enclosed in any parks
or any park, which then were or was, for the enlargement of such parks,
and by whom, where, when, how and in what manner, and touching other
articles and circumstances in any wise concerning the premises,
according to the tenour and effect of certain articles specified in a
bill to these presents annexed. And therefore we command you that you
attend diligently to the premises and do and execute the same with
effect. And by the tenour of these presents we command our sheriffs of
the counties aforesaid that at certain days and places, which you shall
cause them to know, they cause to come before you or two of you as many
and such good and lawful men of their bailiwick by whom the truth of the
matter may the better be known and enquired of; and that you certify us
in our Chancery of what you shall do in the premises in three weeks from
the day of St. Michael next coming, together with this commission. In
witness whereof, etc. Witness the King at Westminster, the 28th day of
May.

[Footnote 262: Similar letters are addressed to other Commissioners
directing them to make similar inquiries in other parts of the country.
The Commission was appointed by Wolsey. Its returns are important as a
source of information both on the said conditions of the period and on
the administrative methods of the Tudor statesmen (see Leadam, _Domesday
of Enclosures_) and subsequent Commissions were appointed in 1548, 1566,
1607, 1632, 1635, and 1636, the last three being prompted partly by the
desire to raise money by means of fines.]

15. AN ACT CONCERNING FARMS AND SHEEP [_25 Hen. VIII, c. 13. Statutes of
the Realm, Vol. III, p. 451_], 1533-4.

Forasmuch as divers and sundry [persons] of the king's subjects of this
realm, to whom God of his goodness hath disposed great plenty and
abundance of moveable substance, now of late within few years have daily
studied, practised and invented ways and means how they might accumulate
and gather together into few hands as well great multitude of farms as
great plenty of cattle and in especial sheep, putting such lands as they
can get to pasture and not to tillage, whereby they have not only pulled
down churches and towns and enhanced the old rates of their rents of the
possessions of this realm, or else brought it to such excessive fines
that no poor man is able to meddle with it, but also have raised and
enhanced the prices of all manner of corn, cattle, wool, pigs, geese,
hens, chickens, eggs and such other almost double above the prices which
hath been accustomed, by reason whereof a marvellous multitude and
number of people of this realm be not able to provide meat, drink and
clothes necessary for themselves, their wives and children, but be so
discouraged with misery and poverty that they fall daily to theft,
robbery and other inconvenience, or pitifully die for hunger and cold;
and as it is thought by the King's most humble and loving subjects that
one of the greatest occasions that moveth and provoketh those greedy and
covetous people so to accumulate and keep in their hands such great
portions and parties of the grounds and lands of this realm from the
occupying of the poor husbandmen, and so to use it in pasture and not in
tillage, is only the great profit that cometh of sheep, which now be
coming to a few persons' hands of this realm in respect of the whole
number of the King's subjects, that some have 24 thousand, some 20
thousand, and some more and some less, by which a good sheep for victual
that was accustomed to be sold for 2s. 4d. or 3s. at the most, is now
sold for 6s. 5s. or 4s. at the least; and a stone of clothing wool that
in some shires of this realm was accustomed to be sold for 18d. or 20d.
is now sold for 4s. or 3s. 4d. at the least, and in some countries where
it hath been sold for 2s. 4d. or 2s., or 3s. at the most, it is now sold
for 5s. or 4s. 8d. at the least, and so raised in every part of this
realm; which things thus used be principally to the high displeasure of
Almighty God, to the decay of the hospitality of this realm, to the
diminishing of the King's people, and to the hindrance of the
clothmaking, whereby many poor people hath been accustomed to be set on
work, and in conclusion if remedy be not found it may turn to the utter
destruction and dislocation of this realm, which God defend; it may
therefore please the King's Highness of his most gracious and godly
disposition, and the Lords Spiritual and Temporal of their goodness and
charity, with the assent of the Commons in this present parliament
assembled, to ordain and enact by authority of the same, that no person
or persons from the feast of St. Michael the Archangel which shall be in
the year of Our Lord God 1535 shall keep occupy or have in his
possession in his own proper lands, nor in the possession, lands or
grounds of any other which he shall have or occupy in farm, nor
otherwise have of his own proper cattle in use, possession or property,
by any manner of means, fraud, craft or covyn, above the number of 2,000
sheep at one time within any part of this realm of all sorts and kinds,
upon pain to lose and forfeit for every sheep that any person or persons
shall have or keep above the number limited by this act, 3s. 4d., the
one half to the King our Sovereign Lord, and the other half to such
person as will sue for the same.... It is also further enacted by
authority aforesaid that no manner person after the said feast of the
nativity of Our Lord shall receive or take for term of life, years or at
will, by indenture, copy of court roll or otherwise, any more houses,
tenements of husbandry, whereunto any lands are belonging in town,
village, hamlet or tithing within this realm above the number of two
such holds or tenements; and that no manner person shall have or occupy
any such holds so newly taken to the number of two as is before
expressed, except he or they be dwelling within the same parishes where
such holds be, upon the pain of forfeiture for every week that he or
they shall have, occupy, or take any profits of such holds contrary to
this act 3s. 4d., the moiety of which forfeiture to be to the King our
Sovereign Lord and the other moiety to the party that will sue for the
same.....

16. INTERVENTION OF PRIVY COUNCIL UNDER SOMERSET TO PROTECT TENANTS[263]
[_Acts of Privy Council, p. 540_], 1549.

28 June, 1549.

An Order taken upon complaint made to the Lord Protector and other of
the King's Majesty's Privy Council for the town of Godmanchester.

First, all and every person within the said town having any more houses
of habitation than one in his possession, or any site of a house
whereupon a house of habitation hath been with [in] [_blank_] years
standing, shall at and before the Feast of St. Michael in the year of
our Lord God 1549 let or demise every the said house with the land
thereto accustomed, besides one, to a convenient person, if any that
shall require, upon the usual rent, and upon every site now having no
house of habitation shall before the said Feast of St. Michael in the
same year build a house for habitation and thereto allot so much as
thereto was heretofore belonging, and the same shall let and demise, if
any that will hire, upon the accustomed rent.

Item, every person having converted any house or habitation unto any
other use shall before Michaelmas next coming revert to the use of
habitation as it was before, and the same shall let to any which that
require upon the accustomed rent, and every person forthwith shall for
every house of habitation, decayed site of habitation, and for every
house of habitation converted to other use during the time of his
possession, maintain and keep the King's watch and other common charges
of the town in like manner as hath been heretofore of them used.

Item, whereas there is a great number of acres, lately belonging to
certain gilds there, it is ordered that the same shall be divided to the
inhabitants thereof in this manner; that is to say, to every ploughland
5 acres, and to every cottage or artificer there dwelling, or which
hereafter upon the houses to be new builded shall dwell, one acre; and
if the number do not extend, then every ploughland 4, and so for lack of
that rate every ploughland 3; and the residue of the said acres falling
after that rate to be divided amongst the cottages, paying for every of
the said acres 3s. 4d. and above.

Item, also whereas there be certain groves of wood destroyed and turned
to pasture in the same town, every such grove being so altered shall be
by the owner thereof again (having been so altered within this 20 years
before Michaelmas next coming) enclosed and preserved for wood, saving
so much of the same to be reserved for a high way for the owner as in
those cases the like is there used, the same high way to be severed by
hedge from the rest of the grove; and where the groves be so destroyed
that there remaineth no hope of growth, the owner thereof shall before
the next season following meet for the same set it with wood or sow it
with acorns or otherwise as the same may best be for growth of wood.

Provided nevertheless if any manner person have converted any house of
habitation or any site of habitation to his necessary use about his own
house, so that the same should be great inconvenience to be reverted to
the first and old use, then in that case the owner shall be discharged
if he for every such habitation so altered do build a like house in some
other convenient like place, and the same to use to all purposes as
before is said of the like.

The bailiffs be commanded to bring their grant by charter to the Lord
Protector at All Hallow tide next coming.

For the observation of which orders the bailiffs and others of that town
be bound in recognisance before the said Protector and Council.

  Henry Frear  }  Have acknowledged and each of them has
  Thomas Trecy }  acknowledged that they owe to the Lord
  John Clark   }  the King by themselves 100l. sterling.

Upon condition to perform the articles above mentioned.

[Footnote 263: For Somersets popular agrarian policy, see Pollard, _The
Protector Somerset_, and, especially, the introduction to the
_Commonwealth of this Realm of England_ (edited by Lamond).]

17. AN ACT FOR THE MAINTENANCE OF HUSBANDRY AND TILLAGE [_39 Eliz. c. 2,
Statutes of the Realm, Vol. IV., Part II. pp. 893-96_], 1597-8.

Whereas the strength and flourishing estate of this kingdom hath been
always and is greatly upheld and advanced by the maintenance of the
plough and tillage, being the occasion of the increase and multiplying
of people both for service in the wars and in times of peace, being also
a principal means that people are set on work, and thereby withdrawn
from idleness, drunkenness, unlawful games and all other lewd practices
and conditions of life; and whereas by the same means of tillage and
husbandry the greater part of the subjects are preserved from extreme
poverty in a competent estate of maintenance and means to live, and the
wealth of the realm is kept dispersed and distributed in many hands,
where it is more ready to answer all necessary charges for the service
of the realm; and whereas also the said husbandry and tillage is a cause
that the realm doth more stand upon itself, without depending upon
foreign countries either for bringing in of corn in time of scarcity, or
for vent and utterance of our own commodities being in over great
abundance; and whereas from the 27th year of King Henry VIII of famous
memory, until the five and thirtieth year of Her Majesty's most happy
reign, there was always in force some law which did ordain a conversion
and continuance of a certain quantity and apportion of land in tillage
not to be altered; and that in the last parliament held in the said five
and thirtieth year of her Majesty's reign, partly by reason of the great
plenty and cheapness of grain at that time within this realm, and partly
by reason of the imperfection and obscurity of the law made in that
case, the same was discontinued; since which time there have grown many
more depopulations, by turning tillage into pasture, than at any time
for the like number of years heretofore: Be it enacted ... that whereas
any lands or grounds at any time since the seventeenth of November in
the first year of Her Majesty's reign have been converted to sheep
pastures or to the fattening or grazing of cattle, the same lands having
been tillable lands, fields or grounds such as have been used in tillage
by the space of twelve years together at the least next before such
conversion, according to the nature of the soil and course of husbandry
used in that part of the country, all such lands and grounds as
aforesaid shall, before the first day of May which shall be in the year
of Our Lord God 1599, be restored to tillage, or laid for tillage in
such sort as the whole ground, according to the nature of that soil and
course of husbandry used in that part of the country, be within three
years at the least turned to tillage by the occupiers and possessors
thereof, and so shall be continued for ever.

And be it further enacted by the authority aforesaid, that all lands and
grounds which now are used in tillage or for tillage, having been
tillable lands, fields or grounds, such as next before the first day of
this present parliament have been by the space of twelve years together
at the least used in tillage or for tillage, according to the nature of
the soil and course of husbandry used in that part of the country, shall
not be converted to any sheep pasture or to the grazing or fattening of
cattle by the occupiers or possessors thereof, but shall, according to
the nature of that soil and course of husbandry used in that part of the
country, continue to be used in tillage or for tillage for corn or
grain, and not for waste.... And be it enacted by the authority
aforesaid, that if any person or body politic or corporate shall offend
against the premises, every such person or body politic or corporate so
offending shall lose and forfeit for every acre not restored or not
continued as aforesaid, the sum of twenty shillings for every year that
he or they so offend; and that the said penalties or forfeitures shall
be divided in three equal parts, whereof one third part to be to the
Queen's Majesty, her heirs and successors to her and their own use (and)
one other third part to the Queen's Majesty, her heirs and successors
for relief of the poor in the parish where the offence shall be
committed ... and the other third part to such person as will sue for
the same in any court of record at Westminster.... Provided also, that
this act shall not extend to any counties within this realm of England,
but such only as shall be hereafter specified; that is to say, the
counties of Northampton, Leicester, Warwick, Buckingham, Bedford,
Oxford, Berkshire, the Isle of Wight, Gloucester, Worcester, Nottingham,
Hampshire, Wiltshire, Somerset, Dorset, Derby, Rutland, Lincoln,
Hereford, Cambridge, Huntingdon, York, Pembroke in South Wales, and the
Bishopric of Durham and Northumberland, and the counties of all the
cities and corporations lying situate and being within the counties
aforesaid, or confining to the same, and the Ainsty of the county of the
city of York.

18. SPEECH IN HOUSE OF COMMONS ON ENCLOSURES [_Hist. MSS. Com. MSS. of
Marquis of Salisbury, Part VII, pp. 541-3_], 1597[264].

But now, as if all these wrongs should be redressed, and all the cries
and curses of the poor should be removed, it hath pleased you, Mr.
Speaker, to exhibit this bill to our view as a complete remedy. I will
not say 'it is worse than the disease.' But this I may truly say, 'It is
too weak for the disease!' Three things I find exactly and providently
respected. First, that the law is general, without exception, drawing in
the purchaser as well as the first offender, whereat, howsoever some may
shake their heads, as pressed with their own grief, yet is there no new
imposition charged upon them, but such as is grounded upon the common
law. For being without contradiction that this turning of the earth to
sloth and idleness, whereby it cannot fructify to the common good, is
the greatest and most dangerous nuisance and damage to the common
people, the law hath provided that the treasure of wickedness shall
profit nothing, but that the nuisance shall be reformed in the hands of
the people that come in upon the best consideration.... And 26 Eliz. in
the Exchequer, in Claypole's case, an exhibition was exhibited upon the
Statute of 4 Hen. VII[265] against a purchaser for converting of tillage
into pasture, and adjudged good, though the purchaser were not the
converter, but only a contriver of the first conversion. So as this new
law tends but for an explanation of the old, that every one by the eye
may be informed what ought by the hand to be amended. Nay, though it be
not fit, Mr. Speaker, to be published among the ruder sort, who, if they
were privy to their own strength and liberty allowed them by the law,
would be as unbridled and untamed beasts, yet is it not unfit to be
delivered in this place of council, that is, that where the wrong and
mischief spreads to an universality, there the people may be their own
justices, as in 6 Ed. II and 8 Ed. III Ass. 154 and 447 it is adjudged
that if a wall be raised atraverse the way that leadeth to the Church
all the parishioners may beat it down, and 9 Ed. IV 445, if the course
of a water that runs to a town be stopped or diverted all the
inhabitants may break it down. Are the people thus interested in the
Church wherein their souls are fed, and shall we not think them to be as
deeply interested in the corn and increase of the earth that feeds and
maintains their bodies? Therefore most wisely hath the gentleman that
penned the law pressed the case upon the purchaser that he plough, lest
the people plot to circumvent him.

The second thing so well provided is ... that it turns one eye backward
to cure the ancient complaints and old festered disease of dearth and
scarcity that hath been so long among us, and turns the other eye
forward to cut out, as it were, the core that might draw on hereafter
mischiefs of the same nature; where the gentleman that framed this bill
hath dealt like a most skilful chirurgien, not clapping on a plaster to
cover the sore that it spread no further, but searching into the very
depths of the wound, that the life and strength which hath so long been
in decay by the wasting of towns and countries may at length again be
quickened and repaired.

The third thing most politicly respected is the intercourse and change
of ground to be converted into tillage, keeping a just proportion. For
it fareth with the earth as with other creatures that through continual
labour grow faint and feeble-hearted, and therefore, if it be so far
driven as to be out of breath, we may now by this law resort to a more
lusty and proud piece of ground while the first gathers strength, which
will be a means that the earth yearly shall be surcharged with burden of
her own excess. And this did the former lawmakers overslip, tyeing the
land once tilled to a perpetual bondage and servitude of being ever
tilled.

But this threefold benefit I find crossed and encountered with a
fourfold mildness and moderation fit to have a keen edge and sharpness
set upon it, wherein I acknowledge my master that drew this project to
have shewed himself like a tender-hearted physician, who coming to a
patient possessed and full of corrupt and evil humours, will not hastily
stir the body, but apply gentle and easy recipes. But surely, Mr.
Speaker, a desperate disease must have a desperate medicine, and some
wounds will not be healed but by incision.

The first moderation I mislike in this new law is that the most cunning
and skilful offender shall altogether slip the collar; for if a man have
decayed a whole town by enclosures, and hath rid his hand of it by
exchange with Her Majesty, taking from her ancient enclosed pastures
naturally yielding after the rate that his forced enclosed ground can
yield upon such corrupt improvement, and to justify the true value shall
take a lease back again of the Queen, the man is an occupier within the
words of this law. But by your favour, Mr. Speaker, not within the
intent of this law to plough this new enclosure, because Her Majesty is
in reversion, and this law doth not extend neither to her nor to her
farmers. And that none might escape it were good that all of this kind
might be enforced either to a contribution toward the poor,[266] who are
chiefly wronged, or to the breaking up of the grounds he received from
Her Majesty because they come in lieu of the former.

The second moderation that would be amended is in the imposition of the
pain ... which is but 10s. yearly for every acre not converted. By your
favour, Mr. Speaker, it is too easy: and I will tell you, Sir, the ears
of our great sheep-masters do hang at the door of this house, and myself
have heard since this matter grew in question to be reformed, that some,
enquiring and understanding the truths of the penalty, have prepared
themselves to adventure 10s. upon the certainty of the gain of 30s. at
the least. The third moderation is in the exception that exempts grounds
mown for hay to be converted into tillage. And, if it please you, Sir,
the first resolutions our enclosed gentlemen have is to sort and
proportion their grounds into two divisions, the one for walks whereon
their sheep may feed in the fresh summer, the other for hay whereon
their sheep may feed in the hard winter; so that these grounds that
carry hay have been as oil to keep the fire flaming and therefore no
reason why they should be shielded and protected from the ploughshare.

The fourth moderation is that after this reconversion there is no
restraint, but that every one may keep all the land ploughed in his own
hands; whereupon will follow that as now there is scarcity of corn and
plenty of such as would be owners, so then there will be plenty of corn,
but scarcity of such as can be owners. For until our gentlemen that now
enclose much, and then must plough much, shall meet with more compassion
toward the poor than they have done, their small will be as small as it
hath been, and then every one will be either an engrosser under false
pretence of large housekeeping, or else a transporter by virtue of some
license he will hope to purchase. And therefore it were good that every
one should be rated how much he should keep in his own hands, and that
not after the proportions of his present estimation; as, if a man hath
lifted up his countenance by reason of this unnatural and cruel
improvement after the rate of a gentleman of a thousand pounds by year,
where the same quantity of land before would yield but a hundred pounds
by year, I would have this man ruled after his old reckoning....

We sit now in judgment over ourselves: therefore as this bill entered at
first with a short prayer 'God speed the plough.' so I wish it may end
with such success as the plough may speed the poor.

(Endorsed: 1597. To Mr. Speaker against enclosures.)

[Footnote 264: Two Acts against depopulation were passed in this year,
39 Eliz., c. 1, and 39 Eliz., c. 2 (see No. 17 of this section). The
name of the member making the following speech is not known.]

[Footnote 265: 4 Hen. VII, c. 19, by which all occupiers of 20 acres and
upwards which have been tilled for the last three years are to maintain
them in tillage.]

[Footnote 266: For the exaction of such a contribution see Section IV,
No. 20 of this Part.]

19. SPEECHES IN HOUSE OF COMMONS ON ENCLOSURES [_D'Ewes Journal, p.
674_], 1601[267].

The points to be considered of in the continuance of Statutes were read,
and offered still to dispute whether the Statute of Tillage should be
continued.

Mr. Johnson said, In the time of Dearth, when we made this statute, it
was not considered that the hand of God was upon us; and now corn is
cheap; if too cheap, the Husbandman is undone, whom we must provide for,
for he is the staple man of the kingdom. And so after many arguments he
concluded the Statute to be repealed.

Mr. Bacon said the old commendation of Italy by the Poet was _potens
viris atque ubere glebae_, and it stands not with the policy of the
State that the wealth of the kingdom should be engrossed into a few
graziers' hands. And if you will put in so many provisoes as be desired,
you will make it useless. The Husbandman is a strong and hardy man, the
good footman. Which is a chief observation of good warriors, etc. So he
concluded the statutes not to be repealed.

Sir Walter Raleigh said, I think the law fit to be repealed; for many
poor men are not able to find seed to sow so much as they are bound to
plough, which they must do, or incur the penalty of the law. Besides,
all nations abound with corn. France offered the Queen to serve Ireland
with corn for 16s. a quarter, which is but 2s. the bushel; if we should
sell it so here, the ploughman would be beggared. The low countryman and
the Hollander, which never soweth corn, hath by his industry such plenty
that they will serve other nations. The Spaniard, who often wanteth
corn, had we never so much plenty, will not be beholding to the
Englishman for it....

And therefore I think the best course is to set it at liberty, and leave
every man free, which is the desire of a true Englishman.

Mr. Secretary Cecil said, I do not dwell in the country. I am not
acquainted with the plough. But I think that whosoever doth not maintain
the plough destroys this kingdom.... My motion therefore shall be that
this law may not be repealed, except former laws may be in force and
revived. Say that a glut of corn should be, have we not sufficient
remedy by transportation, which is allowable by the policy of all
nations?... I am sure when warrants go from the Council for levying of
men in the countries, and the certificates be returned unto us again, we
find the greatest part of them to be ploughmen. And excepting Sir Thomas
More's Utopia, or some such feigned commonwealth, you shall never find
but the ploughman is chiefly provided for, the neglect whereof will not
only bring a general, but a particular damage to every man.... If we
debar tillage, we give scope to the depopulator; and then if the poor
being thrust out of their houses go to dwell with others, straight we
catch them with the Statute of Inmates; if they wander abroad they are
within danger of the Statute of the Poor to be whipped.

[Footnote 267: No action was taken to amend or repeal existing laws. For
Bacon's views see his _History of King Henry_ VII.]

20. RETURN TO PRIVY COUNCIL OF ENCLOSERS FURNISHED BY JUSTICES OF
LINCOLNSHIRE [_S.P.D. Charles I, Vol. 206, No. 7_], _c._ 1637.

_Lincoln._--An abstract of such depopulators as have been hitherto dealt
withal in Lincolnshire, and received their pardon.

  The persons in number                                   9
  The sum of their fines                                300l.
  The number of houses by bond to be erected             33
  The time for the erection, within one year
  The number of farms to be continued that
    are now standing                                     22
  The fines are already paid.

Sir Charles Hussey, knt. Fine 80l.

Bond of 200 marks, with condition to set up in Honington 8 farmhouses
with barns, etc., and to lay to every house 30 acres of land, and to
keep 10 acres thereof yearly in tillage.

Sir Henry Ayscough, knt. Fine 20l.

Bond 200 marks. To set up 8 farmhouses in Blibroughe with 30 acres to
every farm, and 12 thereof to be kept yearly in tilth.

Sir Hamond Whichcoote, knt. Fine 40l.

Bond 200 marks. To set up 8 farmhouses, etc., in Harpswell, with 40
acres to every house; and 16 thereof in tillage.

Sir Edward Carre, knt. Fine 30l.

Bond 100l. To set up 2 farmhouses in Branswell, and 1 in Aswarby with 40
acres to every house, 16 in tillage.

Sir William Wraye, knt. Fine 30l.

Bond 100l. To set up in Gaynesby 2 farmhouses with 2 acres at least to
either, 10 in tillage, and to continue 2 farms more in Grainsby and 3 in
Newbell and Longworth, with the same quantity, as is now used there, a
third part in tilth.

Sir Edmund Bussye, knt. Fine 10l.

Bond 100l. To set up one farmhouse in Thorpe with 40 acres, 14 thereof
in tillage, and to continue 14 farms in Hedor, Oseby, Aseby, and Thorpe,
as they now are, with a third part in tillage.

Richard Rosetor, esqr. Fine 10l.

Bond 50l. To set up one farm in Limber with 40 acres, 16 in tillage, and
to continue 1 farm in Limber, and 2 in Sereby, _ut sup._

Robert Tirwhitt, esqr. Fine 10l.

Bond 50l. To set up one farm in Cameringham with 40 acres, 16 in
tillage.

John Tredway, gent. Fine 10l.

Bond 40l. To set up one farm in Gelson with 30 acres, 10 thereof in
tillage.

[Endorsed.] Lincoln Depopulators fined and pardoned and the reformations
to be made.

21. COMPLAINT OF LAUD'S ACTION ON THE COMMISSION FOR DEPOPULATION
[_S.P.D. Charles I, Vol. 497, No. 10_], 1641.

That upon the Commission of enquiry after depopulation, the Lord
Archbishop of Canterbury and other the Commissioners, at the
solicitation of Tho. Hussey, gent, did direct a letter in nature of a
Commission to certain persons within the County of Wilts, to certify
what number of acres in South Marston in the parish of Highworth were
converted from arable to pasture, and what number of ploughs were laid
down, etc.

Whereupon the Archdeacon with two others did return certificate, to the
Lord Archbishop, etc.

Upon this certificate, Mr. Anth. Hungerford, Mr. Southby, with 15
others, were convented before his Grace and the other Commissioners at
the Council Board, where, being charged with conversion;

Mr. Anth. Hungerford and Mr. Southby with some others did aver that they
had made no conversion, other than they had when they came to be owners
thereof.

His Grace said that they were to look no further than to the owners. And
certificate was returned that so many acres were converted and so many
ploughs let down.

They alleged that this certificate was false and made without their
privity, and therefore Mr. Hungerford in the behalf of the rest did