¶ Here begynneth a ryght frutefull mater: and hath to name the boke of surueyeng and improumentes A curtylage is a lytell croft or court / or place of easment to put in catell for a tyme / or to ley in woode / cole / or tymbre / or suche other thynges necessary for housholde. ye shall vnderstande that there be foure ma­ ner of commens / that is to wytte: commen appendant commen appurtenaunt / commen in grose / and com­ men per cause vicynage .s. neyghbourshepe. Com­ men appendaunt / is where a lorde of olde tyme hath graunted to a man a meseplace / and certayne landes medowes / and pastures with their appurtenaunces to holde of hym. To this meseplace / landes / and me­ dowes belongeth commen / and that is called commen appendaunt. But and a man graunt to another cer­ tayne landes or pastures / the whiche lye in seueraltie enclosed with the appurtenaunce in fee / to holde of the chefe lordes. To these landes me semeth belongeth no commen / without he haue suche speciall wordes in his dede. Commen appendaunt / is where a man hath had commen to a certayne nombre of beestes or without nom­ bre belongyng to his meseplace in the lordes wastes / this is commen appurtenaunte by prescripcyon / by­ cause of the vse out of tyme of mynde. Commen in­ grose / is where the lordes haue graunted by their de­ des / commen of pasture to a straunger that holdeth no landes of hym / nor ought to haue any commen / but by reason of that graunt by dede. Nowe the lordes maye nat improue hym selfe of any parcell / for it is contrarie to his graunt / thoughe there be sufficyent of commen. And in lyke case / if the lorde graunt com­ men to a man by dede / and to lymitte him a certayne nombre of beestes. Se what was commen at that ty­ me and of that the lorde shall nat improue hym selfe / for and he shulde / the goodnesse of the commen to that certayne nombre shulde be abridged that they shulde nat fare so well / and euery mannes dede shall be taken strongest agaynst hym selfe. And in lyke maner / if the lorde graunt a man commen with his catell / within certayne meyres / lymittes / & boundes / the lorde shall nat improue hym selfe / within those meyres and boun­ des. Commen per cause de vicynage / is where the wast grounde of two towneshippes lye toguyder / and no­ ther hedge nor pale bytwene to kepe their catell a son­ der / so that the catell of one towneshyppe gothe ouer his meyre or bounde in to the waste grounde of the o­ ther towne / and lykewise the catell of the other town­ shyppe to them. And also if their commen feldes lye toguyder vnclosed / in opyn tyme whan haruest is in their catell wyll go out of the one felde in to the other felde / and this is called commens / bycause of neygh­ bourshyp / and is nat vsed nor laufull to pynne their catell so goyng / but in good maner to driue and cha­ ce besyde suche commen. And as for that maner of com­ mens / me semeth the lorde may improwe him selfe of their wast groundes / leauyng their owne tenauntes sufficyent commen / hauyng no regarde to the tenaun­ tes of the other towneshyp. But as for all errable lan­ des / medowes / leyse / and pastures / the lordes maye improwe them selfe by course of the commen lawe / for the statute speketh nothynge but of wast groundes. Also it is to be inque­ red / of panage herbage of the same towne / and of all other profytes of polles / meyres / and ryn­ nyng waters / of mores / hethe and wastes / what they be worthe by the yere. And where this Statute spe­ keth / de panagio / that is to be vnderstande. Whane there is any mast growyng in the lordes wodes / wher­ by mennes swyne may be fedde and releued / what pro­ fyte that may be to the lorde. For ther is no man that can clayme of right / to haue the mast the whiche is a frute / but the lorde: except his free tenaunt haue it by speciall wordes in his dede. And first ye shall knowe / that there be thre maner of rentes / that is to saye: rent seruyce / rent charge / and rent seeke. Rent seruyce / is where a man holdeth his landes of his lorde by fealtie & certayne rent / or by homage / fealtie & cer­ tayne rent / or by any other seruice and certayne rent. This is a rent seruyce / & if the rent be behynde at any day that it ought to be payed at / the lord may distreyne for that rent of commen right / and if the lorde purchase parcell of the sayd lande that the rent gothe out of / the rent shalbe apporcyoned: except it be an enttere rent / as a sperhauke / or a horse / or suche other that can nat be seuered / for than the rent is extinct and gone for e­ uer. &c. Rent charge / is where a man is seased of lan­ des in fee and graunt by poole dede or by dede inden­ ted. Annuell rent goyng out of the same landes in fee or in fee tayle or for terme of lyfe / with a clause of dy­ stresse that is a rent charge / and the grauntee maye di­ streyne for the same rent / bycause of the clause of dy­ stresse. But if the graunte purchase parcell of the sayd landes / wherof the sayd rent gothe out / the hole rent charge is extynct and gone for euer. For suche a rent charge maye nat be apporcioned / bycause the landes come to his owne possession by his owne acte or dede Rent seeke / is where a man is seased of landes in fee graunt / a rent goyng out of the same without a clau­ se of distresse / that is a rent seeke and it is called a rent seeke / bycause there is no distresse insedent nor belon­ gyng to the same. Also if a man by dede indented ma­ ke a feoffement in fee or in fee tayle / the remayndre o­ uer in fee or for terme of lyfe remeyner ouer in fee / re­ seruyng to hym certayne rente without any clause of distresse in the same. That is a rent seeke / and if the graunte were neuer seased of the said rent / he is with out remayndre by course of the commen lawe. There is another maner of rent: that is nother rente seruyce / rent charge / nor rent seeke / and that is called rent an­ nuell. And that is / where as a man graunteth by his dede / an annuitie of .xx.s. be it more or lasse / and char­ geth no lande with the payment of the same. That is a rent annuell / and it chargeth the person that graun­ teth the sayd rent by a writte of annuite / and in some cause a rent charge / may become an annuell rent. as and a man graunt a rente charge out of his lande with a clause of dystresse / the graunte is at lybertie / whe­ der he wyll distreyne for the rent / or sewe a writ of an­ nuyte agaynst the graunter. "rent annuell" not found in OED. "insedent" antedates the earliest OED citation (1594), and it is a noun, not an adjective. And ye shall vnderstande / that there be two maner of herryottes: that is to wyt / her­ ryot seruyce and herryot custome. Herryot seruyce / is where a man hath gyuen landes and tenementes to another man and to his heyres / to holde of hym and of his heyres / as before the makynge of the statute / Quia emptores terrarum / or sythe the makyng of the sayd statute to holde of the chefe lorde of the fee / by the seruyce therof due & of right accustomed / reseruyng to hym certayne rentes / herryottes / or any other cu­ stome. This is rent seruyce and herryot seruyce / by­ cause it is expressed in his origynall dede. Herryotte custome is where a man hath a lordship / wherin hath ben vsed tyme out of mynde / that euery tenaunt that holdeth any mese place of the lorde / shall gyue his best quycke good in the name of a herryotte to the lorde / and he that hath no quicke good / shall gyue his best deed good. And in some place the tenaunt shall gyue for euery mese place that he holdeth a herryot / thoughe the houses were lette downe an hundred yere before / the whiche me semeth shulde be a great bribery and extorcyon / as I sayd in the prologue of this treatyse. And therfore it is wisdome for euery man to take his house by indenture or by copye / wherin maye be ex­ pressed: what rentes / herryottes / customes / and ser­ uyces the tenaunt shall paye and do / for a lorde maye abridge and make lesse his custome by writyng but thoughe he make writyng and specifye what rent he shall paye / he must saye further / for all maner rentes / herryottes / customes / & seruyces. And in some lorde­ shyppe / euery man that dyeth within the same / be he the lordes tenaunt or nat / shall paye an herryotte. In so moche that if a straunge man ryde or go by the way and dye within suche a lordshyppe / he shall paye an herryot / the whiche is playne extorcyon and agaynst the commen ryght / For bytwene the lorde and hym that dyed / there was no maner of priuyte of bargayn or couynaunt. And in some lordshyppe / the lorde shall take his herryotte before the person / or the vycare his mortuarye / & in some places the churche before / And that is / as it hath ben accustomed and vsed tyme out of mynde. But for the moost parte / the lorde taketh before: bicause the lorde maketh couynaunt with his tenaunt in his lyfe / that he shall haue his best quycke good at his decesse / and the mortuary is nat due tyll he be deed / and the herryotte was couynaunted and graunted before in his lyfe / and the firste bargayne must be obserued and kepte. And also in some pla­ ces it is parted bytwene the churche & the lorde / and that is / where he that is deed hath no moore quycke good / but one horse or one beest / and than he that hath be vsed to chose first / shall haue the better parte by one penny / but of deed good / eyther partie shall haue one But there shall nother of them take any deed good / as longe as there is any quycke goodes / and in ma­ ny lordshyppes / it is vsed / that and the tenaunt leaue his house by his owne wyll / without any discharge of the lorde / the tenaunt shall pay his best quicke good to the lorde in the name of an herryot. & in some lord­ shippes it is acustomed / that & the tenant departe fro the lordshyp by his owne wyll / he shall make a fyne with the lorde for his departyng / & moost commenly it is .ii.s. and it is called a farefee or a farewell. And suche a te­ naunt that gothe at his owne wyll shall make all ma­ ner of reparacyons / and that tenaunt that is dyschar­ ged by the lorde or by his offycers / shall make no re­ paracions / except he be discharged for nat doyng re­ peracions. &c. "herryot custome" antedates the earliest OED citation (1767). And ye shall vnderstande / that ho­ mage is the moost honorable seruyce & the moost hum­ ble seruyce of reuerence / that a free man may do to his lorde. For whan the tenaunt shall do homage to his chefe lorde / of whome he holdeth his chefe maner or man­ cyon place / by knight seruyce and priorite. He shalbe vngirde and his heed vncouered / and the lorde shall syt & the tenaunt shall knele before hym on bothe his knees / and shall holde his handes stretched out togy­ der bytwene the lordes handes / and shall saye thus. I become your man from this day forwarde of lyfe and of membre / and of worldely honour. And to you shall be faythfull and lowly and shall beare faythe to you / for the landes and tenementes the which I holde of you / sauyng the faythe that I owe to our soueray­ gne lorde the kyng and my other lordes. And the lorde so sytting shall kysse his tenaunt / the which is a sygne of perfyte loue. The name of a surueyour is a frenche name / and is as moche to say in Englysshe as an ouerseer. Than it wolde be knowen / howe a surueyour shulde ouer­ se & suruey a towne or a lordshyppe / as and the cytie of London shulde be surueyed. The surueyour may nat stande at Hygate / nor at Shotershyll / nor yet at the Blackheth nor suche other places / and ouer loke the cytie on euery syde. For and he do / he shall nat se the goodly stretes / the fayre buyldinges / nor the great substaunce of richesse conteyned in them / for than he fol. 34v maye be called a disceyuer & nat a surueyer. & in lyke wise if a man shall vieu a close or a pasture / he maye nat loke ouer the hedge & go his way / but he must ou­ ther ryde or go ouer / & se euery parcell therof. and to knowe howe many acres it conteyneth / & howe moche therof was medowe grounde / howe moche pasture grounde / howe moche wode grounde or busshe groun­ de / heythe / lyng / or suche other. & what an acre of me­ dowe grounde is worthe / and what an acre of pasture and what an acre of the woode grounde or busshe / & suche other be worthe. And what maner of catell it is best for / and howe many catell it wyll grasse or fynde by the yere / and what a beastes grasse is worthe by the yere in suche a pasture / or els he can nat set a true value what it is worthe. If Fitzherbert means "discerner" ("disceyuer" is not in OED), the term antedates the first OED citation (1526). FIrst ye shall vnderstande / that there be dyuers maners of waters: that is to say standyng waters / as poles / meyres / mot­ tes / and stewes. And also ronnyng wa­ ters / as great ryuers / smale ryuers / bro­ kes / sucches / welspringes / and pyttes fol. 50v ALso vpon these waters / the lorde maye sette dyuers maner of mylnes / the whi­ che maye be to the lordes great ease and profite. As vpon the great riuers / corne mylnes that be called grounde mylnes / and they be called grounde mylnes / bycause the ouer­ syde of the heed sylle lyeth euyn leuell with the ouer­ syde of the grounde / in the bottom of the water. And also fullyng mylnes / otherwyse called walk mylnes / may be made in like maner / and stande also vpon the great ryuers. And than one whele is able to driue two stockes / that is to say / bothe a potyer and a faller / the faller bothe to scoure and herely / and the potyere to thicke the clothe. And commenly these mylnes be nat set vpon the great stremes of these great ryuers / but a great parte of the water is conueyed out of the great streme by a mylne fleme made with mannes hande to a certayne place / where wysemen thynke the mylne moost conuenyent to be set / & the sayd water to be hol­ den vp and brought to the said mylne / by reason and settyng of a weyre ouerthwart the sayd streme / made of trouse / tymbre / or stonne / or of bothe. And whan it is palte the mylne with a suffycient fall of the water / that the mylne stande nat in backe water / to retourne in to the ryuer agayne. and in many places / the said fol. 51r mylnes be set on the one syde of the great ryuer / and a weyre made of tymbre and stone to holde vp the wa­ ter to the mylne / the whiche is a great cost / and ma­ ny tymes it wyll stande in lacke of water that it may nat well go at a great flode / except the groundewarke be made very hie. But they be profitable bothe in grin­ dynge of corne and fullyng of clothe / and in takynge of moche fysshe. And in lyke maner these sayde two maner of mylnes maye be sette vpon smale ryuers / without any fleme castyng / but all onely his weyre to holde vp the water / and his flode gates to let it go at a flode / whan nede shall requyre. Also there be other two maner of corne mylnes / that is to saye: a breste mylne and an ouershotte mylne / and those two ma­ ner of mylnes be sette and go moost commenly vpon smale brokes / and vpon great poles & meyres. And they haue alway abrode bowe a fote brode and more and the ladelles be alwaye shrowded with compast bordes on bothe sides to holde in the water / and than they be called bokettes. And they muste be set moche nerer toguyder than the ladelles be / and moche more a sloope downewarde / to holde moche water that it fall nat out / for it driueth the whele as well with the weyght of the water as with the strength. And the myl­ ner must drawe his water acordyng to his bokettes / that they maye be alway full and no more / for the len­ ger that they holde the water the better they be. Also another maner of fullyng mylnes / maye be sette and go vpon the sayde smale brokes / pooles / or meyres. fol. 51v and those be called fallers / for a faller by hymselfe re­ quyreth nat so great strength of water as the potyer dothe / bycause the water cometh most commenly ouer the whele / and the braces do butte heue vp the two fete that fall in to the stocke vpon the clothe / the whi­ che causeth the clothe to thicke and tourne. Also these mylnes that be sette and go on small waters / may go and ron with a gogyn of yron vpon bulder stones or vpon brasse as a bell dothe / for that wyll go moost ligh­ test. But these mylnes that go vpon these great ry­ uers / that be brode / heuy / and weighty / must nedes haue two great thycke hoopes of yron foure inches brode / and an inche thycke: and eight or nyne inches bytwene the sydes / sette on bothe endes of the shafte / for the gogyn of yron wyll nat beare them / and speci­ ally the fullynge mylne. And that mylne that gothe with a gogyn / yet must it haue on eyther ende of the shafte a hoope of yron and bulders vnder / and if the gogyn feyle or waxe lose / but it shall nat touche them bothe attones. And lette the mylner take good hede bothe to the gogyns and hoopes that they be nat lose for than wyll the shafte endes brenne of. For than he hurteth his lorde / his mayster / or hymselfe / for mylne shaftes be costely. But in so moche as there is great profyte to the lordes in makyng of these mylnes / "standing water" (unlike "running water") is not in OED as a phrase (however, it is cited in a quotation of 1542 at "water," n., 11). "ground mill" and "brest mill" not found in OED. "ouershotte mylne" antedates earliest OED citation ("overshot,: adj.1 and n; 1760). The term "potyer" is unidentified.