The Agrarian Problem in the Sixteenth Century Part 32

[IN ILl.u.s.tRATION OF MANORIAL CUSTOMS, _cf._ pp. 124-131 and 297-301.]

_Manor of Aldeburgh, R.O., Misc. Bks., Treas. of Receipt, Vol. 163, Henry VIII._

The said Manor has one lete by the year ... and hath also the Court from 3 weeks to 3 weeks called the 3 weeks Court.

Item.--Every tenant payeth for a cottage ground not buylded if it conteyn 80 ft. every way 1d.

Item.--Every tenant payeth for half a cottage which is 40 ft. every way 1/2d.

Item.--For every curtilage containing 40 ft. or under 1/2d.

Item.--For every fyne of every cotage buylded 2/- Item.--For every fyne of every cotage ground unbuilded 1/- Item.--Every tenant that taketh any cotage ground to build upon if he build not within three years he forfeiteth the ground by him taken.

Item.--Every tenant having a cotage or parcel of a cotage wherein any tenant dwelleth and keepeth a fire, they owe to pay for the same a Russhe hen or else 2d. which is for the rushes that they gather upon the lord's common there.

Item.--If 2 tenants dwell in one house having 2 severall rooms in the same they to pay yearlie 2 rush hennes or 4d. for them.

Item.--Every freeholder having by copy any arable land or pasture ground in the field payeth yearly for the same at terms accustomed the rent of old time due at [Michaelmas & Easter] by even porcions; and for all fines cessed upon the tenaunts for land in the fields is at the will of the lord, as well at the alienations made as at the death of any tenant.

Item.--The tenants and copyholders shall do no waste upon the lord's common ne otherwise upon pain of forfeiture of their tenements.

Item.--All the freeholders shall [pay] double their rent at every death or alienation made, as relief.

Item.--Certain freeholders and copyholders pay heriot after the death of any tenant.

Item.--Neither the freeholders nor copyholders shall not surcharge the lord's comon but to keep after the rate of his tenure. If he otherwise do he shall be amerced.

Item.--No man shall encroche on lord's lands on pain of forfeiture of his tenure.

Item.--Every boat going to the sea on fishing and having 4 men therein payeth yearly to the lord 8d., and 6 men 12d., and so after the rate, for each man 2d., which is by a late composition.

Item.--There is a service paid by certain tenants there called Oryell, which is for the liberty of the common that tenants have in the said lordship.

Item.--The lords of Aldeburgh have the moietie of all wreck of the sea being cast on land or found near the sh.o.r.e within the limits of the same lordship, and the finder thereof hath the other half.

(III)

[IN ILl.u.s.tRATION OF THE PEASANTS' GRIEVANCES]

_Holkham MSS., Fulmordeston MSS., Bdle. 6_

To the Right Honble. Sir Edward Cooke, Knight, Attorney-Generall unto the King's Ma{tie}.

Humblie sheweth unto your good lord yo{r} poore and dayley orators Thomas Ffawcett, Thomas Humphry, and Nicolas Farnes [?] yo{r} worshippes tenants of the Manor of Ffulmordeston c.u.m Croxton in the Duchie of Lancaster and the moste parte of the tenants of the same Manor that whereas yo{r} said orators in the Hillary Term laste commenced suite in the Duchie Courte against Thomas...o...b..rt and Roger Salisbury, Gent., who have enclosed their grounds contrary to the custom of the Manor, whereby your wor. loseth your shack due out of those grounds, common lane or way for pa.s.sengers is stopped up, and your worshippes poore orators lose their accustomed shack in those grounds, and the said Roger Salisbury taketh also the whole benefit of theire comons from them, keepinge there his sheepe in grasinge and debarringe them of their libertie there which for comon right belongeth unto them:--

Which suite and controversie, forasmuch as the same manor is nowe come unto your lordshippe's hands by his most excellent Ma{ties} gracious disposinge thereof, youre poore oratours thought it theire duty to impart and lay open unto your wor{pp}, and doe most humblie pray and beseech your wor{pp} that they may have your lawfull favour herein for the furtherance of their proceedings in this theire suite of lawe, so that the greatness of the said parties adversant unto them, on which they much relie, may not be the more strengthened by your worship's favour, whereby your poore orators may have and enjoy theire former liberties in peace, and be the better able to maintaine themselves in their callings rights and dueties which unto your wor. is belonging and due uppon their Tenures in the saide Mannor.

And according to theire bounden duety your sayde poor orators shall dayly pray to G.o.d for your wor. in all encrease of prosperitie and worshippe long to continew.

21 Aug. 1604. I have considered of this peticion, and seeinge I am lord of the mannor I will do my best endeavour upon hearing of both parties to end the controversie and the defend{ts} need not appeare nor the cause to proceed in the duchy.

EDW. c.o.kE.

(IV)

[IN ILl.u.s.tRATION OF THE PEASANTS' GRIEVANCES]

_S. P. Dom. Charles I. Vol. 151, No. 38._

To the Kings most Excellent Ma{tie}.

The humble petico? of yo{r} Ma{te} poore and distressed Tennants of yo{r} Mannor of North Wheatley in the Countie of Nottingham belonging to yo{r} Ma{ties} Duchie of Lancaster.

Most humbly shewing. That yo{r} poore Subiects have tyme out of mynd byn Coppieholders of lands of inheritaunce to them and their heires for ever of the Mannor aforesaid, and paid for every Oxgang of land xvj{s} viij? rent, and paid heretofore vpon every Alienaco? xij? for every Oxgang, but nowe of late, about 4{0} Jacobi by an order of the Duchie Court they paie ij{s} s vj{d} d vpon euery Alienaco? for every acre, w{ch} ch amounteth nowe to 45{s} an Oxgang.

And whereas some of yo{r} Tennants of the said Mannor have heretofore held and doe nowe hold certayne Oxganges of lands belonging to the said Manor by Coppie from xxj yeres to xxj yeares, and have paid for the same vpon e?y Coppy ij{s}, and for every Oxgang xvj{s} viij{d} ?

An?; they nowe of late by an order in the Duchie Court hold the same by lease vnder the Duchie Seale, and paie vj{li} xiij{s} iiij{d} for a Fyne vpon every lease and xvj{s} viij{d} rent w{th} an increase of vj{s} viij{d} more towards yo{r} Ma{ties} prouision.

And whereas in 11{0} Edw: 4{0} yo{r} peticon?ers did by Copy of Court Roll hold the demeanes of the said Mannor for tearme of yeres att ix{li} vj{s} viij{d} ? an?, they afterwards in 6{0} Eliz: held the same demeanes by lease vnder the seale of the duchie for xxj yeares, att the like rent; and Tenne yeres before their lease was expired, they ymployed one M{r} Markham in trust to gett their lease renewed, whoe procured a newe lease of the demeanes in his owne name for xxj yeres att the old rent, and afterwards contrary to the trust Comitted to him increased and raised the rent thereof vpon the Tenants to his owne privat benefitt to 56{li} ? annu.

And whereas the woods belonging to the said Mannor hath within the memory of Man byn the only Com~on belonging to the said Towne, paying yerelie for the herbage and pannage thereof vj{s} viij?, they nowe alsoe hold the same vnder the Duchie Seale att xvj{li} li xvj{s} ij?

? annu.

And whereas the Court Rolls and Records of the said Mannor, have alwaies heretofore byn kept vnder severall Locks and Keys, whereof yo{r} Ma{ts} Stewards have kepte one key and yo{r} Ma{ties} Tennant (in regard it Concerned their ?ticuler inheritances) have kept an other keye. But nowe they are att the pleasure of the Stewards and Officers transported from place to place, and the nowe purchasers doe demaund the Custody of them, w{ch} may be most preiudiciall to yo{r} Ma{te} te poore Tennants.

Now for asmuch as yo{r} Matie: hath byn pleased to sell the said Mannor vnto the Cittie of London, whoe have sold the same vnto M{r} John Cartwright and M{r} Tho: Brudnell gent: And for that yo{r} petico?ners and Tennants there (beinge in nomber Two hundred poore men, and there being xj of yo{r} Ma{te} Tennants there that beare Armes for the defence of yo{r} Ma{te} Realme, and xij that paie yo{r} Ma{tie} Subsidies fifteens and Loanes) are all nowe like to be vtterlie vndon, in Case the said M{r} Cartwright and M{r} Brudnell should (as they saie they will) take awaie from yo{r} Tennants the said demeanes and woods after thexpiraco? of their leases, and that yo{r} poore Tennants should be left to the wills of the purchasers for their Fynes, or that the Records and Court rowles should not be kept as in former tymes in some private place, where the purchasers and Tennants maie both have the custody and viewe of them as occasion shall serve.

Maie it therefore please yo{r} Sacred Maj{tie} That such order may be taken in the premisses for the reliefe of yo{r} poore Tennants of the Mannor aforesaid That they maie not be dispossessed of the demeanes and leases, and that they may knowe the Certayntie of their Fynes for the Coppieholds demeanes and leases and maie have the Court Rolls & Records safely kepte as formerly they have byn. And that yo{r} Ma{tie} wilbe further pleased to referr the Consideraco? hearing, ordering and determynaco? of the premisses vnto such n.o.ble men, or other 4 gent: of esteeme in the Country whome yo{r} Ma{tie} shalbe pleased to appoint, that are neighbours vnto yo{r} Ten{}nts, and doe best knowe their estate & greevances. That they or any two or three of them may take such order, and soe Cettell the busynes betweene the purchasers & yo{r} poore Tennants, as they in their wisdoms and discressions shall judge to be reasonable and fitting, or to Certifie yo{r} Ma{tie} howe they fynd the same, and in whose defalt it is they cannot determyne thereof. And yo{r} poore Tennn?ts as in all humble dutie bound will daielie pray for yo{r} Ma{tie}.

Whitehall this 10 of Novemb{r} 1629.

His Ma[~] is graciously pleased to referre the consideration of this request to the Com~ission{rs} for sale of his lands, that vpon the report vnto his Ma[~] of their opinion and advise his Ma[~] may give further order therein. DORCHESTER.

[Endorsed.] Divers Tenants of his Ma{te} manor of North Wheatley in the Countie of Nottingham.

(V)

[PAPER ON THE EVILS OF ENCLOSURE, BY AN APPLICANT FOR GOVERNMENT EMPLOYMENT]

_S. P. Dom. Charles I. Vol. 206, No. 70_

Right Ho{le}

Uppon the ix{th} of July and also the 23{d} of Septemb{r} I deli?d pet.i.tions vnto yo{r} Lo{pp} desireinge to shew y{e} great hurt y{t} ys done to his Ma{tie} & y{e} land by inclosiers w{ch} decay tillage, & depopulate townes in ye best naturall corne countryes, w{ch} affore supplyed the wants of others every way beinge in y{e} middle of y{e} land, for yt their is dearths vppon any vnseasonable seedes tyme or springe, and is a great cause of decayinge of trades and vndoeinge many thousands w{ch} before lived well & now for want of Imployment & dearth of corne, y{er} is mult.i.tudes of poor & vagrants complayninge of their miseryes; and are dangerous to y{e} peacable state of y{e} land, by y{er} desire of troubles to revenge them selves. Ye know what lamentable broyles & bloodshedinges were betwixt ye gileadites & ephramites & Israelites & benjamites for ye levits wife & Abia & Jeroboam & Ahay & Peka where was slaine above 700,000 men of warr & many of other sorts, w{ch} was more crewell then by any foraigne enymyes, & wee have incrochinge enemyes y{t} would take y{er} advantage vppon such opertunytyes as y{ei} did when y{e} leaguers in France made warrs against theire Kinge ... for many are of oppinyon that ye Kinges Ma{tie} nor ye lordes doe not truly vnderstand ye secret mischief es w{ch} is done by covetous men by ye cuninge misterie of depopulation nor ye oppressions and causes of dearthes and poverty nor know y{e} readyest waye for remedyes, y{et} beinge as unacquainted in tyllage & husbandrye as in other arts: as appeared by y{e} booke of orders y{e} last yere w{ch} shewed that his Ma{tie} and the lordes had a good desire to remedy the dearth but y{e} corn masters & malsters &c. used such closse dealinges y{t} y{e} dearth was worse as y{e} like in former tymes: soe that no orders will ease dearthes but by causeing more tyllage & y{t} would make plenty & then every man will sell willinglye....

Also many are much deceived by inclosier because there are countries are enclosed & be rich, but these were inclosed when there were but few people & these maintain tyllage husbandry & hospitallyty & sett people on work & have tenements for labourers, these are lyable to musters & all services requirable for ye Kinge & country & taxes & charitable collections but y{e} depopulators in ye champian countryes destroy all meanes of doeinge help or servise for ye Kinge & country what neede soever come.

And although this was the fruitfullest somer that was in many yeares, yet corne holds almost duble price to that which most men expected, because rich men will sell but litle corne before they see the strength of May past & if corne does not prosper then they will keep it expecting a dearth the next yere. Another cause is that all men see how tyllag is yearly decayed in the best champian countryes & people & drunknes increased & no hope of remedy because of y{e} inyquity of y{e} tyme & gentlemen & other have great friends & favour & may doe what they list.

And maltsters & ingrossers buy corn as fast as they can, & doe use wayes to have it brought home what lawes or orders to the contrary expectinge a dearth if ye next spring prove not very fruitfull. And if his Ma{ty} & ye lords doe not take some speedy course to cause more tyllage there beinge good ground enough before wete seeds tymes come, then will dearth ensue. And y{n} ye poore hungry people may cry ... where ys corne; And y{n} it will be too late to remedy dearths by any lawes or orders. And now it might be done there beinge aboundance of old resty fatt ground in y{e} champian countryes which if it were plowed & sowne w{t} corne, no wett seeds tyme could hurt it soe that they would yield corne to supply all wants beinge in y{e} midle of y{e} land my lord if you please to give me leave I will give you y{e} names of many decayed townes in ye counties of Leic{s} & Northampt, &c., and who decayed them & now the Lord hath swept away y{e} inclosiers & their posterity out of all & strangers have their houses & pastures. And my desire is y{t} yo{r} Lo{p} might be acquainted with y{e} country dissorders & the remydes to reforme y{e} evills and then ye may better judge of them & acquaint his Ma{tie} & y{e} lords, that by his & their good directions, we shall have plenty and bring much more to his ma{ties} treasures & the whole land....

Also I doe humbly intreate yo{r} Lo{ps} favor to let me shew how there may be ymploym{t} for people & wealth to ye Kinge & ye Kingdome & plenty & cheapnes & have ingrossers frustrated of their game & have lesse wast of corne in ale & beer & less sinninge: & lesse dangers & soe ye lorde keepe you: w{th} my humble sute, to accept of my poore desires for ye deede, with my attendance vpon your Lop{s} pleasure.

Your Lop{s} to Com~and

[Endorsed:--] RICHARD SANDES.

Sandes touching Indigence.

(VI)