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A08310 The surueyors dialogue Diuided into fiue bookes: very profitable for all men to peruse, that haue to do with the reuenues of land, or the manurance, vse, or occupation thereof, both lords and tenants: as also and especially for such as indeuor to be seene in the faculty of surueying of mannors, lands, tenements, &c. By I.N. Norden, John, 1548-1625? 1607 (1607) STC 18639; ESTC S113314 151,126 260

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thou can not plead thus to seeming friends Alas my friends abortiue I began Who me began thus meanely foorth me sends That I might send him how I passe the taunts Of tanting toūgs that seek their praise by vaunts I vaunt it not but am content to be Where meanest be that blush to shew their face Who sees my face a picture base may see Yet may he see farre fayre● find disgrace Disgrace not him that sends me for good will But will him well Requite not good with ill Inuidia sibi aliis venenum The Contents of the fiue books of the Surueyors Dialogue THe first Booke containeth a communication betweene a Farmer and a Surueyor of land wherein is proued that Surueyors of Mann●rs and land are necessarie both for the Lord and Tenant and in what maner Tenants ought to behaue themselues towards their Lords in respect of their tenures In the second Booke is intreated between the Lord of a Mannor and a Surueyor concerning the estate of a Mannor of the parts and profits thereunto belonging how the Lord of a Mannor ought to deale with his Tenants In the third Booke is contained the maner and method of keeping a Court of Suruey and the Articles to be inquired of and the charge how to enter inroll Copies Leases and Deeds and how to take the plot of a Mannor In the fourth Book is shewed the maner of the casting vp of the quātities of acres of al sorts of grounds by the scale and compasse with Tables of computation for ease in accompting In the fifth Booke is shewed the different natures of grounds and whereunto they may be best imployed how they may be bettered reformed and amended fit for all Farmers and husbandmen ❧ The Surueyors Dialogue betweene a Farmer and a Surueyor wherein is prooued that Surueyes are necessary and profitable both for Lord and Tenant and wherein is shewed how Tenants ought to behaue themselues towards their Lords The first Booke Farmer SIr I am glad I haue so happily met with you for if I be not mistaken you are a Surueyor of Land Surueyor Admit it so Sir what then Farmer I haue heard much euill of the profession and to test you my conceit plainely I thinke the same both euill and vnprofitable Sur. You seeme to be but a yong man in yeeres and are you so deeply seene in the abuse of this Faculty that you can so peremptorily condemne i● Far. Call it you a Faculty What meane you by that word Sur. Abilitie to performe a thing vndertaken Far. Then this faculty of yours I say is a vaine facultie and a needlesse worke vndertaken Sur. Speake you this by coniecture by report of others or by due experience of your owne Far. I speake indéede as indured to the opinion I hold by all the three reasons oftentimes you are the cause that men lose their land and sometimes they are abridged of such liberties as they haue long vsed in Mannors and customes are altred broken and sometimes peruerted or taken away by your meanes And aboue all you looke into the values of menslands whereby the Lords of Mannors do rack their tenants to a higher rent and rate then euer before and therefore not only I but many poore tenants else haue good cause to speake against the profession Sur. Be you not offended at the comparison which I will make to your allegations Why should not such persons as are inhibited by the lawes of the Realme to commit certaine acts within the common wealth cry out against them that by the same lawes are appoynted Magistrates and Officers to see these lawes executed vpon them as Roagues Beggers and other like vagabonds for if such officers and ouerseers were not these offensiue persons might haue their wills so would it follow that men of peace and good members of the Common-wealth should be endangered to be sacked of that they haue by such lewd persons Necessary therefore it is that there should be such as should see vnto informe punish and reforme these And by your assertion you may as well intend vnder like reason against keeping of Courts in a Mannor wherein many abuses are found out reformed and punished which without such Courts would lye smothered festering so long that there would be few sound members left within the same Farm It séemes you compare tenants of Mannors that are many of them honest ciuill and substantiall men to Roagues and vagabonds You forget your selfe Sur. My plaine words are that as well these euill members of the common wealth may speake against the Surueyors of the common wealth which to speake only of the vnder officers are the Iustices of the peace Constables and such like as may tenants of a Mannor speake against the surueying of their lands within the same Farm That were strange for by the one the whole state of the kingdome is kept in peace and by the other many millions disturbed that might liue quietly in their Farmes tenements houses and lands that are now dayly troubled with your so narrow looking thereinto measuring the quantity obseruing the quality recounting the value and acquainting the Lords with the estates of all mens liuings whose auncesters did liue better with little then loe can do now with much more because by your meanes rents are raysed lands knowne to the vttermost Acre fines inhaunced farre higher then euer before measuring of land and surueying came in and therefore I thinke you cannot but confesse that other men as well as I haue g●●d cause to speake of you and your profession as I doe Sur. I perceiue that the force of your strongest arguments is as before I sayd your ●eare and vnwillingnes that the Lord of the Mannor vnder whom and in whose land you dwell should know his owne and that you thinke it better for you that he should continue still ignorant of what he hath and that your estates should be alwayes hidden and what iniury you doe should be concealed then that he should be acqu●●●ted with what you hold and your abuses incrochments vsurpations intentions and wrongs disco●●red Farm Sir we acknowledge that the Lord ought to haue his rent and that is all and our seruices at his Courts but the land we haue is our owne Sur. Howsoeuer you may accompt them yours yet the Lord hath such an interest and propertie in them as he may also call them his nay I may say you are not in such sort your owne but next vnder the King you may be sayd to be the Lords Farm Fye vpon you will you bring vs to be slaues neither lawe nor reason least of all religion can allow what you affirme and therefore as I before conceiued so I may now protest that you and such as you are are euen the cords whereby poore men are drawne into seruitude and slauery and therefore I say againe it is pitty any of you haue any imployment in a Common wealth Sur. What
to vtter them Sur Things of themselues lawfull by the lawes of the Land where they be iudiciously and carefully handled as they are by the lawes intended and by the chiefe disposers meant namely the mariages of Wards and disposition of their lands in their minorities and the presentations of benefices in the gifts of priuate men Lord. For the first I haue yet no occasion to make proofe how or what they are but the second I haue had some power to bestow wherin I was not so remisse as that I presented such as were not fit for y e fun●tion which I thinke is your meaning therefore let that passe awhile learne me what a Ward is and how he and his land is to be disposed by the lawe that I may learne it against the time I may haue vse Sur. The word Ward is as much as guard which signifieth tuition or defence and he that is in ward is vnder some mans gouernment and keeping and the word hath a passiue signification as it is vsed in our common speech and yet the same word is also vsed in the actiue sence as they that watch or attend for the defence of any are called the ward or guard of that person or thing they do protect But the wards whereof we are now to speake of are the sonnes or daughters heires to some person that held his land either of the king in chiefe or of some inferior person by knights seruice whose heire male being vnder the age of 21. yeeres and the female within the age of 14 yeeres the Lord shall haue the ward guard or custodie of the bodie and of the lands so holden of him to his owne vse vntill they come to these ages without making account to the heire when he or she comes to age as law bookes will tell you Lord. Then me thinkes the word as it is commonly vsed is improper namely to call ●uch an he●●e a ward it is more proper to say he is in ward or as the Law●er sayes a ward Sur. I take it as y●u do Lord But what is the reason that the Lord shuld haue the land to his owne vse why rather do not y e profits redound to y e vse of y e heire in his minority Sur. This kind of wardship had some reason for it in the beginning For you must vnderstand that he whose sonne or daughter is to be thus guarded and his land to be disposed by the Lord was in his life time bound by the tenure of his land to do manly and actuall seruice in person in the time of warre or to keepe a castle ●ith some kind of warlike weapon in the time of war and peace And these kinds of capital seruices were called either tenures in capite as holden of the king who is the chiefe E●●nage vncertaine grand seri●●●tie or some other like seruice and was called seruici●m mi●●tare seruice of a soldier now called knights seruice These seruices were not to be discontinued for to that end were the lands first giuen by the king and other inferior Lords of Mānors that they might haue the continuall seruice of their tenants And therefore whensoeuer the tenant of such a tenure died hauing none to supply the place of like manly seruice the heire being vnder age and not of power the Lord was and is supposed to be bound for the defence of the Realme to performe the seruice by a person for whom he must answer in the heires minoritie And because the charge was in former times great and dangerous and the land giuen onely for that cause the Lord was to keepe the heire and to see him trained vp and to be made fit for the same seruice and for his maintenance supply of the seruice to haue the vse profit of his land vntill he became able to performe the seruice himselfe in person Lord. I thinke this to stand with great reason for if it had not bene thought reasonable the lawes would not haue prouided in that case as they haue done as it appeareth by your relation Sur. Many Statutes indeed haue bene made touching Wards Mag. cart ca. 4.7 28. Ma●l cap. 6.7.8 c. Westm. 1. Westm. 2. and many Statutes since to which I refer you too long here to relate Lord. What néeded you then giue such a strict caueat touching Wardes Sur. Truely to put Lordes and others into whose hands they often happen in mind to be carefull of their education and disposing because many inco●uenienc●s follow if their Guarders be not faithfull and prouident for their wel bestowing Lord. How in bestowing Sur. In mariage For the Lordes haue the mariage both of the Male and Female if they bee vnmaried at the time of their ancesters decease And it falleth out many times that partly for their land and partly for their mariage they are bought and sold and marryed yong and sometimes to such as they fancie not when they come to riper iudgement they bewray their dislikes too late And sometimes their education is so slenderly regarded that when they come to gouerne themselues and their familyes their estates and patry monies they discouer what their education was good or euill Lord. There bée thrée especiall ends whereunto the good education of such an Infant should send The 〈◊〉 and principall is the feare of God in true Religion the second is the benefite that the Common-wealth shall reape by his vertue and sufficiencie the third and last the abilitie by which hee may gouerne his familie and manage his patrimonie for his best maintenance But what can you now say touching the second of these chiefe points Namely the presenting of Clarkes vnto Ecclesiasticall 〈◊〉 and how it commeth to passe that our Lay man as he is called may nominate and present a Clarke to a Parsonage Uicarage or 〈◊〉 Chappell whose function is high and diuine Sur. The reason why these Lay-lords of Mannors do pres●n● as aforesaid is in right of the Parsonage Vicarage or free Chappell belonging to their Mannors where the Lord of the Mannor is very and vndoubted patron of such an Ecclesiasticall gift hee may make his choice of the parson or vicar Alwayes prouided by diuine ordinance humane institu●ions he must be Idoneus fit for the place Lord. But lye th●t in the Lords power onely to nominate and present such a one and is it then sufficient if hee deeme the partie fit Sur. No he must be approued fit by his Ordinarie the Byshop of the Diocesse by whom he must be instituted and 〈◊〉 Lord. Then is the Lord in his nomination and presentation cleared of offence to the Church if the partie prooue after insufficient Sur. He is in some sort But he is bound in conscience to be very circumspect in his choice For i● any carnall consideration mooued him to the partie he standeth not cleare before God into whose steade he intrudeth himselfe after
The Surueyors Dialogue Diuided into fiue Bookes Very profitable for all men to peruse that haue to do with the reuenues of Land or the manurance vse or occupation thereof both Lords and Tenants as also and especially for such as indeuor to be seene in the faculty of surueying of Mannors Lands Tenements c. By I. N. PROV 17.2 A discreet seruant shall haue rule ouer an vnthrifty sonne and he shall diuide the heritage among the brethren Voluntas pro facultate LONDON Printed for Hugh As●ley dwelling at S. Magnus corner 1607. ❧ To the right Honorable Robert Lord Cecill Baron of Esingdon Vicecount Crambourne Earle of Sarum principall Secretarie to the most high and magnificent Prince IAMES King of Great Brittaine France and Ireland Master of his Maiesties Wards Liueries of his Maiesties most Honorable priuy Councell and Knight of the most noble Order of the Gar●er AS the Earth right Honorable was giuen to man and man after diuine was enioyned the care of earthly things euery mā in seuerall place qualitie and state the greatest receiuing thence greatest dignities euen to be called Princes of the earth So is it not the least regard that men of whatsoeuer title or place should haue of the lawfull and iust meanes of the preseruation and increase of their earthly reuenues And that especially by iustly atchieuing and rightly vsing Dominion and Lordship which principally grow omitting publique office and authoritie by Honors Mannors Lands and Tenants for according to the largenesse of reuenues are the meanes to enable the Honorable to shelter the vertuous distressed and to cherish such as by desert may challenge regard And according to their will and power therein is the vulgar reputation of their Magnificence But my good Lord as mine indeuor in this rude Dialogue tendeth but as it were to the plow So I omit to wade into the impassable censure of Honor and Dignitie wishing it euer deserued reuerence And as touching Land-reuenues wherwith many are but especially the Honorable are or ought to be principally endowed I presume onely in this simple Treatise to discourse So farre according to my sle●der capacitie and weake experience as concerneth the ordinary necessary meanes of the maintenance increase of Land-reuenues And because the true and exact Surueying of Land is the principall I haue herein indeuoured more of Desire then of Power for the vse and benefite of all sorts of men hauing to deale with land both Lords and Tenants to shew the necessitie and simple method thereof Most humbly intreating your good Lordship the fruites of whose and of your honorable Fathers fauours I haue many wayes tasted to vouchsafe me your Honorable pardon for presuming and your like patience in accepting at my hands this little mite which were it as great as any wel-wishing hart can intend good it were together with my poore selfe in truest seruice vnfainedly your Lordships It may therfore please the same to accept it so shall others the more willingly embrace it or the lesse disgrace it humbly recommending it to your gracious fauour At my poore house at Hendon prime Ianuar. 1607. Your Lordships euer to be commanded Io. Norden To the beneuolent Readers especially to Landlords and Tenants AS God in his high and incompre●e●sible wisedome ●●th giuen unto man two beings a Spirituall and Corporal So hath hee enioyned him two prescript cares the one of diuine heuēly the other of humane and earthly things And although the first bee as farre more excellent then the second as the brightest Sunne exceedeth the blackest darkenesse yet hath hee not omitted to giue vnto all men an expresse commaundement to bee mindfull of the second Although it must bee confessed that no man taking an extraordinary care can adde a● of himselfe one iott of increase of any good thing neither can hee of his owne proper industry assure himselfe of any part of true prosperitie in this life yet must he not therefore dissolutely neglect his vttermost lawfull indeuour to aduance his own welfare which he neither can do without feare and trembling if hee call to mind the cause why the earth bringeth forth vnto vs of it owne accord nothing but the very tokens of our originall disobedience wherein ●s imprinted this Motto or Poesy of our shame With the sweat of thy face thou shalt eate thy bread al● the dayes of thy life And this without exception of persons Whereby it appeareth that none is exempted from labour and trauaile in one kind or other to maintaine his estate here Our Fathers of fame began it Adam digged the Earth and manured it Tubal wrought in Mettals Noah planted a Vineyard Abraham Lot Moses Dauid Elizeus Amos and many other godly and great men were Shepheards Gydeon was a Thresher of Corne. Iacob and his sonnes the Patriarkes were Herdesmen Ioseph a Purueyor of Corne in Egypt Paul made Tents Mathew was a Customer or Toll-gatherer Peter Andrew and others were Fishermen And Saul a keeper of Asses If these men began the way of labour in so many kinds who may say he is free in one kind or other And hee that in respect of his greatnes of birth or wealth will pretend a priuiledge of idlenes or vaine and vnprofitable exercises doth discouer his forgetfulnes or neglect of the dutie in earth which euery man euen the greatest oweth vnto the Common-wealth his owne family and posteritie And hee is censured euen by the mouth of God Worse then an Infidell that neglecteth these duties And none is excused or exempted out of this Law of prouision for his familie be hee neuer so high or meane not that such men as are honorable by byrth office or aduancement should till the earth or be Shepheards or Herdsmen But that they should according to their greatnes execute great place in the Common-wealth whereof after the care of Diuine things in respect of God that gaue them their greatnes they should haue care to performe some seruice in respect of the King vnder whome they enioy their greatnes To shew loue and diligent regard to ayd their inferiours in respect of whome they haue the imputation of their greatnesse To bee prouident in prouiding things necessarie for their Families that haue an interest to partake of their greatnes And lastly in respect of their posterities that are to becom the more great by their greatnesse And how can they do thus vnlesse they looke into and vse the meanes of the increase and preseruation of their greatnesse And for as much as the same consisteth for the most part in the reuenewes of land what greater care ought they to haue then to maintaine and lawfully to augment the same which decaying their Honor and honorable reputation diminisheth To preserue or augment Reuenues there must be meanes the meanes are wrought by Knowledge Knowledge had by Experience Experience by view and due obseruation of the particulars by which Reuenues doe or may arise Wherein are to bee considered the Quantities
that no cattle can féed in it Sur. The Alder tree is enemy to all grounds where it growes for the root thereof is of that nature that it draweth to it so much moisture to nourish it selfe as the ground neere it is good for no other vse Baily Do you thinke this ground would be good if the trées were gone Sur. Yes for commonly the ground is good enough of it selfe onely it is impaired by this kind of wooe and therefore if the cause were taken away the effect would die Bayly Then will I cause them to be stocked vp Sur. Nay first it behooueth you to consider whether it be expedient or not for although this tree be not friendly to pasture meddow or arable land yet it yeelds her due commodity too without whose ayde in some places where other wood is scant men can hardly husband their lands without this For of it they make many necessary implements of husbandrie as Ladders Rayles Hop poles Plow-stuffe and Handles for many tooles besides fiering Bayly If it be so commodious it is not onely not good to stocke them but expedient to cherish them and where none are to plant Sur. There is great difference betweene necessitie and the super abundance of euery necessarie For want is a great commander inforceth oftentimes and in many places they desire and search for that which will in the time of plentie meerely neglecteth And therefore where none of this kind of wood groweth the place destitute of other meanes and fit for this kind of commoditie wil may be forced to giue place to occasion as in other things Bayly I haue heard that this kind of wood is also good to make the foundations of buildings in riuers fennes and standing waters as also piles for many purposes in moorish and wet grounds Sur. It is true this kind of wood is of greater continuance in watry places then any other timber for it is obserued that in these places it seldome or neuer rots Bayly It loued the water and moisture well in growing and therefore it brooketh it the better being laid in it But I thinke the Firre-tree is much or the same nature for I haue seene infinite many of th●m taken out of ●he earth in a moorish ground in Shropshire betweene the Lordships of O●westry and Elsemere which as is supposed haue lien in the moist earth euer since the Floud and being da●ly taken vp the people make walking-staues pikes of them firme and strong and vse the chips in stead of candles in poore houses so fat is the wood to this day and the smell also strong and swéet Sur. I know the place well where I saw pales made of an Oke taken out of the same ground of the same continuance firme and strong blacke as Ibony and might haue fitly bene employed to better vses and I take it that most wood will last long vnder the earth where it neuer taketh the open ayre But the wood now most in vse for the purposes abouesaid is Alder and Elme Bayly May a man sow the séedes of the Alder Sur. It beareth a kind of seed yet some haue affirmed the contrarie But the seeds will hardly grow by art though by nature they may The branches of the tree and the rootes are aptest to grow if they be set so as the water moisture may be aboue the plant for it delighteth only in the moistest grounds Is not this next close the Lords called Broad-meddow Bayly It is for I perceiue you haue a good memory being but once and to long since vpon the ground Sur. It is most necessary for a Surueyor to remēber what he hath obserued and to consider well the natures and qualities of all kinds of grounds and to informe the Lord of the meanes how to better his estate by lawfull meanes especially in bettering his own demeisnes So shall he the lesse need to surcharge his tenants by vncharitable exactions And forasmuch as of all other grounds none are of their own nature so profitable and lesse chargeable as meddow grounds which are alwaies readie to benefite the owner summer and winter they especially are to be regarded Bail That is true indéede and peraduenture it take● the name of the readinesse for we call it in Latine Pratum as if it were semper paratum either with the fleeze for ●ay or with the pasture to féede and this meddow wherein now we are is the best meddow that I know and I thinke for swéetnesse and burden there is not a better in England Sur. You do well to aduance the credite of the Lords land and you speake I thinke as you conceiue because you are not acquainted with the meddowes vpon D●ue-banke in Tan Deane vpon Seauern-side Allermore the Lords meddow in Crediton and the meddowes about the Welch-poole and many other places too tedious to recite now Bai. These he like are made so good by art but naturally I thinke this may match the best of them Sur. Indeed meddowes very meane by nature may be made excellent by charge but they will decay vnlesse they be alwaies releeued But these that I speake of require little or no helpe at the owners hand onely the ayde of these riuers ouerflowing do feed them fat giues great burden and very sweet Bayly These yearely ouerflowings of fat waters after flouds no doubt are very beneficiall as appeareth by the annale and yearely ouerflowing of the riuer Nilus in Egypt which maketh the adiacent grounds so fat and fruitfull as they be famous through the world for their fertility and was allotted to Iosephs brethren in Egypt Sur. You speake of a matter wonderfull in the conceits of some that the riuer should so ouerflow in the summer and yet it neuer raines in those parts at any time of the yeare Bai. So I haue heard indeede and that the flouds grow in the heate of the yeere about haruest betwéene Iulie and September with the snowe melting that falls in the winter time among the Mountaines Sur. We haue in England matter more strange as the riuer neere Chichester in Sussex called the Lauent which in the winter is drie and in the driest Summer f●ll to her banckes So is the Leam a riuer in Barkeshire neere Leambourn Baily That is strange indéede one studious in naturall Philosophie could tell the cause of this Sur. I take it to bee because they are only fed with springs which runne only when springs are at the highest And that also is the reason why many bournes breake out of the earth in sundry places as we may reade it hath done somtimes neere Merga●e in Hartfordshire corruptly called Market and neere Croydon in Surrie neere Patcham in Sussex and in many other places in this Realme which breaketh foorth suddenly out of the driest hills in Summer Bay Because you speake of Angleton I can assure you there is a Well that sometimes yeldeth
to brakes you may learne how the inhabitants by their indeuors doe make good vse of this kind of husbandry both for corne and to increase their pasture by cutting them in August after when they are withered and laying them vpon their grounds with the fold as I told you which causeth the grasse to spring very fast and freshly and they are so farre from coueting to kill them that they fetch them for this vse farre off but the continuance of this course wil impaire them much Moreouer they bring the brakes into their yards where their cattle lodge in the winter and there they rot when they be well dissolued among their other soile they carry it about September and October into their arable fields to their good aduantage And in some places they lay it in the common high waies as in Hartfordshire and other places and about March carry it into their grounds It is so liuely slymy and vegitable a nature as it seldome becomes vtterly consumed but by fat marl● and soile cōtinuall plowing as I told you before But I see heere is a ground next vnto this of another nature full of bushes and briers he is no good husband that oweth it Bai. Neither he that owes it nor a better husband can preuent this inconuenience for besides the bushes the mosse is so full and rancke as the ground is good for nothing but for that small pasture that is in it heere and there Sur. The ground of it selfe I see is good enough and not so prone to mosse as you take it but the cause of the mosse is the bushes for after euery showre of raine the bushes hang full of droppes which often falling on the ground makes the vpper part of the earth so cold that i● increaseth this kind of mosse but without the aid and industrie of a skilfull husband fairest grounds will be come ougly and best land euill and will bring ●oorth vnprofitable weedes bushes brakes bryers thornes and all kind of hurtfull things according to the curse inflicted vpon it for mans fault at the beginning Bail Admit no man did manure the earth yet surely there be many grounds in my conceit would neuer become worse then they be Sur. You are in a great error for the freest grounds that you see the fairest pastures and greenest meddowes would become in short time ouergrowne with bushes woods weeds and things vnprofitable as they were before they were rid and clensed of the same by the industry of man who was inioyned that care and trauaile to manure the earth which for his disobedience should bring foorth these things Bayly How then was the state of this Island of great Brittaine at the beginning when it was first peoplet Sur. A very desert and wildernes ful of woods f●lls moores bogs heathes and all kind of forlorne places howsoeuer we find the state of this Island nowe records doe witnes vnto vs that it was for the most part an vniuersall Wildernes vntill people finding it a place desolate and forlorne beganne to set footing heere and by degrees grew into multitudes though for the time brutish and rude Time taught them and Nature drewe them to find the meanes how to stocke vp trees bushes bryers thornes in stead thereof to plowe the land to sowe set and plant to build Cities for defence aswell against the force of Wilde beasts then plentifull in these grounds which now we manure as against enemies as the ruines of Cilchester in Hamshire among the woods and of Verolamium in Hartfordshire and other Romane Monuments of antiquity doe lay before our eies at this day After Cities as the land became more and more peopled they built lesser Townes Villages and Dorpes and after more securitie Country Farmes and Gruinges and as these increased wild beasts as Beares Bores Woolues such like decreased for when their shelters great woods were cut downe and the Country made more and more champion then the people more and more increased and more and more decreasing the inconueniences that offended them Bai. I obserue in this your discourse some doubts as whether all this Island now great Brittaine were a Wildernes and Desert and whether there were euer such wild beast in it as you speake off Sur. If you will be satisfied by records you may find that most of the Shires in England were Forestae and as for the wild beasts Authors very antentique report of the Calidonian Beare Bore Bull and Kine which were in this Island with infinite many Woolues as by reason of the great woods and fastnesse there are yet in Ireland Bay This our discourse is some what from our matter yet not altogether impertinent for if this lie hidde● and men be ignorant of the state of former times our present swelling and ambitious cōceits may séeme to assume more commendation for present art and industry in reforming the earth thē Ages of old wherein I perceiue and by your discourse collect that our fathers did more in tenne yéeres then we in forty Sur. It is true because we sawe not the earths former deformities we dreame it was then as now it is from the beginning whereas indeede our forefathers by their diligence and trauaile left vnto our forefathers and they by increasing experience and endeuour left vnto vs that faire and fruitfull free frō bryers bushes thorns wherof they foūd it full And this field wherein now we are may be an instance for you see by the ancient ridges or lands though now ouergrowne with bushes it hath bene arable land and now become fit for no vse vnlesse it be reformed And the bushes that are in this field you see are such shrubs and dwarffie bushes and fruitlesse b●iars as are neuer like to proue good vnderwood nor good haying or hedging stuffe If it were fit for either and the country scant of such prouision it might be preserued But sith they haue bene so cropped brused with cattle and sith this countrie is full and most inclinable by nature to this kind of stuffe more then sufficient for fencing and fewell and corne ground and good pasture nothing plentifull if the tenant were a good husband he would stocke it vp and plow it Baylie I thinke it is so full of Mosse it will beare little corne Sur. The Mosse being turned in by the plowe will rot and these hillockes Mole-hils and Ant-hils will inrich the ground cherish the seed sown Bayly What graine is best to be sowne first after the stocking Sur. It seemeth to be a good stiffe clay ground and therefore Otes are best to prepare the earth to make it fit for wheate the next season and after it as the ground may be by the skilfull husbandman thought fit for wheate againe or pease But if the soile were leane and light barly would agree better in it and a light red rush wheat where in the
intelligencers and not honest Surueyors giue false informations to their Lords The course of an honest Surueyour Officious Informers dangerous for Lord and Tenant Tenants striuing in lowing and bidding inhanceth fines and rents Homage and fealty by free-holders A needlesse ●icenesse in free-holders to shew their deeds and lands to the Lord or his Surueyour Some Lords too remisse in surueying their land Information hurtfull in fines of land of inheritāce customary Former fines and rents and the present not vnequall Iohn Stow. Wheat at twelue pence the quarter Rents of lād and prices of things grow together The causes why things haue growne to this extremity The perfection of a Surueyors office consisteth not in one part A plot of land necessary Great abuses that grow by Farmers and tenants that are freeholders Want of plots of land preiudiciall to Lords Tenants commonly wish not for surueys Who is a Surueyor What a Surueyor must be able to do Reuenues the sinnewes of Honor. A discreet Surueyor may be a good meane to manage the Lords reuenues Plotting of land and measuring is very auncient Grounds subiect to surrounding fit to be plotted Euery matter in moderne vse among men can not be prooued to haue had vse in holy Scriptures Ioshua 18. Surueying prooued by Scripture Euery man can not equally diuide Lands into many parts 3. Edw. 1. Extenta Manerii The Lords records and the Tenants informatiōs are the pillers of a suruey The Suruey or by the Lords records may in some things guide the Tenants The auncientest Tenants fittest to guide the Surueyor Tenants vnwilling to accompany the Surueyor The law punisheth Tenants that will refuse to ayd him in his Suruey A good minde No profession without the feare of God can prosper The brauest is accompted most skilfull The simply honest most suspected Though the wicked seeme not to see their owne errors God seeth them and will discouer them Some are naturally inclined to some profession The manner of the execution not the matter executed hurteth Surueyers of the body A Mannor is a little Common-wealth Priuate and meane men suruey their small things euen their little Farme● If reuenues decay a mās estate decayes Great Statesmen can not suruey their owne Lands The charge imposed vpon a Surueyor Wherein honorable persons do offend in neglecting their reuenues True surueys continue peace betweene Lord and Tenant The faulty will first finde fault A Suruey must be renued once in seuen or ten yeeres None mislike true surueys but deceiuers Lords that will not looke to their owne Lands are as dead images Euill will is neuer dutifull What Tenants should do in the Lords suruey View of Euidences necessary Entry of deeds conuenient for the Tenant The Tenants duty What things are euill in a suruey The principall causes of instituting Mannors Tenants ar now in conceit more free then in former times Auncient bondage Euery inferior estate is conditionall The Tenants seruice is parcell of the Lords inheritance Discontinuance of seruice hurtfull to the Lord. Seruice of the Tenant Lords and Tenants are bound each to other All that professe it are not Surueyors Ignorance in Surueyors dangerous Some not hauing the name of Surueyors may haue the skill A man may erre in whatsoeuer arte What a Mannor is Perk. fo 127 The beginning of Mannors Lords and Tenants why so called When Mannors began Inlandt Vtlandt Whence a Mannor taketh name Berrye quid Halls Courts Predi● Mesuage whence it taketh name A Mannor may not be made at this day 22. Edw. 4.44 22. lib. ass 53. 26. H. 8.4 Euery Mannor may keepe a Court Baron 35. H. 8. A Mannor may lose the property and so the name Fitzh 3. C. A Seignory How two distinct Mannors may be made one Parcell in seruice Copy and customary Lād and their difference Conuentionary Tenāts Rents of Assize why so called 3. kindes of Rents How euery kinde of rent is to be payd Rent charge most common at this day Rent seek Profites of Mannors are infinite and in all Mannors different Profites of Court Fines of land Fine why so called Amercements Heriots Heriots whence so called Mag. Cart. Ca. 3. An Earledome Waynes or wayned goods Waife whence deriued How to prooue wayned goods Forfeitures Forfeitures fit to curbe offendors The chiefe end of forfaytures A good meane to make Landlords sparing to take forfaytures The part of a good Surueyour Forfaytures diuers in dyuers Mannors A customero● necessary Causes of forfeytures How and when a Lord may enter after a forfeiture What escheates are Escheat for want of heriots How escheates are found Perquisites of Courts Perquisites why so called Perquisites but not perquisites of Court Treasure troue How casualties may become certaine Policie in Bailies and ouerseers A Surueyor should be equal betwen Lord and tenant Commodities vnder the earth The wisedome of nature Psa. 70.16 Psa. 104.13 Ezech. 36.9 Psa. 109.3 4. Lords and tenants must acknowledge all to come from God Things made of the earth Wards Presentatiōs The word Ward whence takē Wards what they are What tenure drawes wardship The cause Statutes for the confirmation of wardships Mariage of Wards Three ends wherevnto the good education of Wards tendeth Why lords of mannors doe present Clarks No carnall consideration must moue a Lord to present a Clark What a Patron must consider in his choice A Parsonage or Vicarage no part of a Mannor Impropriations Tenure in villanage Villaine quid Villains came by conquest bondmen The farmer cares to pay his rent and labors for it Happie is the Tenant that hath a good Landlord A good resolution in a Landlord Good Landlords deserue loue A Surueyor ought to see the Lords euidence Great houses with small reuenewes cannot sute well Mart. lib 2. Great houses fit for great men Building often repented Many chimneys little fires The best situation of a house Earthen Conducts Beauland Manerium Beauland Manerium Owner of the Mannor Bounds of the Mannor Mannors intermixt Freeholders Felony Treason Bastard Demeysnes Demeisne in common fields Common fields and common meddowes Commons Incroching the Lords waste Parke demeisne woods Customary Tenants Briton sol 165. Descent of customary land Heyre Heriotable tenements dismembred Fines Forfeiture of Copy-hold Customes Custom roll Villaines Nieffes Remouing of Meeres or bounds Cotages Indentures Iustments Custome mil. Socome Fishing Fowling Wayues estrayes Mines Quarries Turffes and Peates Slate stones Marking stones Deere Conies Reprises and payments Markets Faires Pawnage Euidence Ad●ouson Lords Baylie Steward Diocesse hundred c. Market Townes ●●●andum Euery Surueyor is to vse his owne method Beauland Manerium Finis 3. po 6. shill. 8 pe Tenāts must accompany the Surueyor in his perābulation A plot of a Mannor necessary vainglorious Artists As instruments are diuers so men diuersely affect them All instruments haue one ground Planimetria Where ●o begin to describe a Mannor The mannor of describing The vse of the scale The diuiding of the scale How to find the number of perches in
the scale Quick conceit● soone forget The names of all particulars are to be set downe Conf●●ing Mannors are to be noted How to take a distance They that informe must know what they say Raw reports without knowledge are vnfit to be recorded Houses are called after the names of Tenants To number trees A Surueyor should seeke to know the number of timber trees Difference betweene timber trees and vnderwood The place to be cōsidered To note speciall places of profit A good Water-Mill an ornament to a Mannor Not good for a Lord to al●●n his Custome-Mill Humor and Necessitie two Emperors opposite Cottages on the waste Th● Iury must subscribe their verdict The parts of an acre Peeces of equall sides may make vnequall quantities How to cast ●p a triangle Base perpendicular quid Base and perpendicular questions The base mult●plied by the perpendicular Triangles surest measuring A circular forme Measuring hilles and valleyes Irregular formes must be measured by regular parts Many rules of casting vp contents Benese a Canon Randolph Agas Valentine Lea. M. Digges Countrey land measurers will cast by memory Casting by the parts of money All Schollers haue not best memoryes Admirable memories of some great persons Some would forget and cannot The vse of the former Tables How to finde the quantity when the number of perches exceede any table in the booke How to lay out many acres by the former Table Perches dyuers in diuers Countreys A Cornish Acre The great or small measure all one to the Lords ●ood measure Why woods are measured with the 18 foote pole Great difference betweene the 18. and 16 ½ pole Whence an Acre taketh name An Arpent or French Acre The kings Arpent Maior minor mensura Molland Molland and Fenland contrary A Surueyor must be secret for his Lord. M. Leas booke of Surueying Labour that lawfully gets is a game of delight Al men may learne Ignorance enemy to art Cold ground breedes weedes Bridges ouer draines The Fennes Captaine Louell M. William Englebert The Alder treee enemy to al grounds The Ald●r necessary for many purposes Necessity a cōmander Alder good to make piles Firre tree lien in the ground since the floud Alder hath no seede Meddowes Pratum quasi semper paratū Best meddowes in England Riuers ouerflowing good Nilus in Egypt Ios. 3.15 The Lauent and the Leame Bournes Water smelling like violets Leuis putredo Sence deceiued Boggie grounds helps by ouerflowing Two sorts of meddowes Vpland meddowes haue but the name Hard to distinguish grounds Meddow of different natures Clay ground Helpes intended sometimes hinder Bringing of street water into grounds profitable How water doth good to meddowes Water ●ow it may be hurtfull to grounds Mils of too high a pitch pen the water How to amend weakned meddow Gauly places in meddows Clauer gras To till meddow grounds Meddow ground burned Meddow most beneficiall Land like the bodie To plant Willowes Setting of Willowes Ozier hope Ozier brooketh no shadow All grounds good for some vse Peaze vpon the beach grow naturally Pewets and Oliues c. Hoppes Carret roots Many waste grounds might yeeld profite Hempe Mustard-seed Flaxe Apple trees Syder Perry Kent Men vntaught know little Many follow old husbandrie Oke Ash and Elme Oke much decayeth 35. Hen. 8. Gentlemen sell their woods too fast A Surueyor must counsel frugalitie Affection Simple men do manage mens busines through flatterie All men ought to preserue timber 35. Hen. 8.1 Eliz. The Statute abused Want of Wood and Timber feared Holmes dale Thirty yeres haue consumed much wood and timber Glasse houses Great woods wasted Woods destroyed for cornes sake 140. Iron workes in Sussex Wasting of woods in Sussex good for the common wealth Mens manners of their place of breed Diuine grace shapes new minds Complexion neuer a true argument of good or euill men The benefit that Sussex findeth by decay of woods Fewell of constrain● Middlesex stocking The vse of firing necessarie A commoditie present should not depriue future times of a better Depopulatiō dangerous Fish ponds Fish ponds many in Sussex and Surrie Fishmongers buy pond fish far off Ponds necessary for Mills Ambitious building ridiculous A house with necessaries commendable Horace Ferne. Theophrastus lib. 8. Manuring what is ment by it Ferne destroied by ferne The vse of ferne in diuers places Bushy ground The cause of mosse The earth not manurde what becomes Great Brittaine sometimes a desert Cilchester Verolamium Wild beasts in Brittaine Colidonian beare and bore Former ages had more art and industry then ours The earth not in the beginning as 〈…〉 Lands formerly arable now wood Mosse Oates in clay Barly in sand A mutuall agreement betweene graines and grounds Marle pits Grounds well manured greatest intrest Ill ground made good Sea sand a good soyle in Cornewall Deuōshiring Limestones Pibble and beach good to make lime Difficulties pretended where is no will Moore earth Murgion Mawme Meddowes cut and caried into dry grounds London soile Difference of stable and stall dung Tandeane the Paradice of England A prouident master Good husbandry in the West The manner of husbādry in the VVest Great yeelding of wheate The Sheepefold Sheepes treading good for corne Grounds long in grazing The cause why grounds will not graze in long time Thistles how to kill them Thistle the nature The rootes of vegitable things like the liuer in the body Rushes Flagges Heath Saltnes hot and drie Hather Ling. Heath diuers kinds Heathy ground vnprofitable How to find the natures of the heathie grounds The earth commanded to deny vt fruite without labor All kinds of grounds haue their helpe Furse Whynns Dwarfe furses French F●ures Quick set hedges of Furse Fences of Turffes and Stones Hay boot what it is Hedge boote and hay boot the differēce Dead hedges deuoure How to make a quick-set hedge Time of quick setting How to make a grouet Seuerall trees and the grounds the like Gorse Broome Furse Broome Brakes their nature How to kill Furse Broome and Brakes All hidden benefits must be sought for Ignorance and Idlenes enemies to thrift None should be idle Ps. 107.34 Psal. 72.26 Iob. 9.24.8.21.7 Psal. 37.22 Psal. 1.3