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 touÌ„gs 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 fayreâ— 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 Mannâ—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 quaÌ„tities 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 iâ— 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 gâ—â—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 â—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 acquâ—â—â—ted with what you hold and your abuses incrochments vsurpations intentions and wrongs discoâ—â—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
glad to learneâ— for I haue to doe sometimes with Herioâ—s But because I know not why they are so called what they bee how where when by whom for what they should bee answered I do feare I am sometimes abused Sur. I may tell you as I haue heard and of my selfe coniectured whence the word commeth But I haue no certaine authority for it Iâ— may beâ— said and most likely it is that it should come of the word Hâ—rus a Lord and Master and Heriotâ—â— belonging to the Lord. And it was in the beginning a thing for the warres as the best Horse a man that died had at the time of his death Sixe Controlâ— 11 26 maketh a Barony 25600. acres whose reliefe is 100. Marks One Barony ½ make an Earledome 38400 acres whose reliefe is 100. pound Lord. Do these proportions of Land alwayes hold with their titles of honor Sur. Surely no for we may obserue they are increased and diminished as men are in disposition to spend or saue to adde to or to dismember their patrimonies But these were the proportions at the first institution of these particular allotments and the denominations do hold though the quantities of the Land be more or lesse the lesser parts we see as yard lands plow-lands c. differ as the custome of euery Countrey drawne by time doth at this day hold and allow but that is no preiudice to the first purpose which allotted a certainty to euery part and a certaine reliefe to be paid according to the first institution of euery part and the payment followeth the title not the quantity Lord. You haue sayd inough of reliefs now speake of the rest and as I remember the next after reliefs was waynes what are they Sur. Waynes or wayned goods are goods or chattels of what nature soeuer stolne in the fugacie of the thiefe he leâ—ues them behind him for want of conuenient carriage or conueyance being pursued and wheresoeuer such goods are they are y e Lords of that Mannor oâ— liberty wherein they are fouÌ„d if the prerogatiue of y e Mannor wil beare it for euery Mannor wil not but such as haue it by graunt from the King Lord. Whence commeth the word Waiffe Sur. The goods thus stolne and left behind the thiefe are called in Latine Bona or catalla waniata a word which our common Lawyers only vse and the signification is gathered by the vse for I thinke none that is a stranger to the 〈…〉 he be neuer so well seene 〈◊〉 can say this word signifies the thing for which it is now â—â—ken Lord. Well then as long as we vnderstand the meaning by the vse it sufficeth without further examination or disputation about the word it selfe But how is it to be 〈…〉 goods for it may be as 〈◊〉 casually lâ—st as 〈◊〉 stolne Sur. Therefore when any such thing is found within a Mannor the Bayliffe or other the Lords officer seizeth it to the Lords vse as a thing wherein at the instant no man claymeth propertie And if it be nor euident by the pursute of the theefe that it was stolne it is proclaymd and presented the next Court and found by the Iury of what nature it is and that the property is in the Lord and because these and estrayeâ— are spoken of at large at euery Court-Baron by the Steward no man can pretend ignorance of them therefore I will omit to speake any more of them But a little of forfeitures though no doubt you being Lord of many Mannor know right well what they are and how they grow and the 〈…〉 no doubt could wish you and other Lords knew lesse then generally you do Lord. Tush if there were no penaltyes men would commit offences without feare and if there were no forfeitures for abuses done against Lords of Mannors Tenants would too boldly make wasteâ—â— spoyles of the Lords inheritance without regard of law loue or humanity and therefore let me heare your opinion what forfeitures are and for what causes Lords of carelesse Tenants may take aduantage of forfeitures Sur. I know many Lords too forward in taking aduantage of forfeitures vpon small occasions and if manifest cause be giueÌ„ them they shew little compassion And if I knew you were a man desirous to take aduantage in this kinde I would beâ— sparing to discouer any thing tending to that liberty for I well conceiue that the lawe did not to much prouide to enrich the Lords of Mannors by their Tenants forfaytures as to keepe Tenants in good order and to restraine them with feare of losing their Tenements from rash and wilfull abuses And therefore in all forfaytures there are diuers circumstances to bee considered as whether the Tenant did it ignorantly negligently or as constrained through necessity In these cases whatsoeuer lawe in extreme iustice alloweth a good conscience forbiddeth to take aduantage though the second be worthy to suffer some smart for negligeÌ„ce cannot be excused for nature it self teacheth beasts they in their maner of liuing vse a kinde of prouidence But if the forfayture be coÌ„mitted wilfully or maliciously it deserueth in the first little in the second lesse pity Yet where a good mind is there lodgeth no reuenge or couetous desire And where neither of these are there all extremities die Yet I wish that in these last two cases the offendors should be punished more in terrorem for examples sake then to satisfie the greedy desire of a couetous Landlord who though he may say he doth no more then the law warranteth doth yet straine a point of Christian charity by which men are bound to measure all mens cases by a true consideration of their owne So shal he that is Lord of much and of many Mannors looking into the law of the great Lord of whom he hath receiued 〈◊〉 whatsoeuer he hath finde 〈◊〉 himselfe hath committed a forfayture of all if his high Lord should take aduantage of all the trespasses 〈◊〉 wrongs hee hath done against him Lord. You are out of the matter wherof our talkâ— consisted I desire you not to tell 〈…〉 I may take a forfeiture by a good conscience but what a forfeiture is and 〈◊〉 the taking and leaâ—ing the aduantage vnto such as haue the power to punish or forgiue Sur. So must I when I haue spoken all I can But I hold it not the part of an honest mind in a Surueyour to be an instigator of the Lords extremities towards his Tenants though I confesse he ought to do his vttermost indeuour to aduance the Lords benefit in all things fit and expedient yet ought his counsaile and aduice to tend no further then may maintaine obedieÌ„ce in the Tenants towards their Lords and loue and fauour of the Lords towards their Tenants which being on all sideâ— vnfained neither of them shall haue iust cause to complaine of or to vse râ—goâ— to the other for it is not the actor
himselfe of any extremity that is only to be reprooued but the abetter there unto and if I wist that any Lord who shall â—â—quire the vse of my poore trauaileâ— would expect more at my hands then the performance of my duty with a good conscience I had rather leaue then take the reward for such a trauaile Neither do I find that you howsoeuer you reason of this poynt will commit any act towards any Tenants you haue that may not be iustified by the law of loue therefore I leaue further to perswade or disswade you herein And as touching the matter and manner of forfeitures I pray you vnderstand that they be of diuers kinds and diuers wayes committed for in some Mannors it is lawfull to do that as â—ath in others incurrâ—s a forfeiture Forfeitures grow either by brâ—â—ch of a custome as in Customary or copy hold Land or of a condition or promise in a Lease or graunt of which last the Tenant can not say he did not thinke it was so because the meaning is expressed in his deede but of 〈…〉 in some sort ignorant 〈…〉 them to leade them But for the most part causes of forfeitures are apparent and knowne of all within a manner as non payment of their rent not doing his seruice 〈…〉 where custome inhibits it letting his 〈…〉 to fâ—ll 〈…〉 the Lords 〈…〉 waste and such like which as I sayd before are not alike in all places and therefore it is most conuenient that the customes of euery Mannor were knowne and the Tenants made acquainted with them that when question groweth for any cause of forfeiture they may not say they knew it not for Lords commonly know better how to take aduantages of such casualties then the Tenants know how to auoyd them Lord. You speake that is reason I confesse But may a Lord enter immediatly vpon a forfayture Sur. The forfayture must be first presented to the homage at the next Court holden for the Mannor and there found recorded then hath the Lord power to shewe Iustice or mercy It were inconuenient that the Lord should bee iudge in his owne cause and â—his present caruer of things doubtfull And therefore hath the Lawe ordained in all controuersies euen in these inferiour courts a iust manner of tryall by Iury. Lord. May none but Copyhold Tenants forfayt their land Sur. I shewed you before that Tenants by deede indented for life or yeeres may forfeit their estates but that is by couenant or condition expressed in the deede according to the prescript agreement made and interchangeably confirmed betweene the Lord and his Tenant Lord. What is an Escheat for as I remember that followeth in your formerly râ—citeâ— perquisites of Court Sur. Eschete is where a freeholder of a Mannor committeth felony the Lord of whom his Land is holden shall haue his Land and that kinde of forfeyture is called escheat Lord. The Lord may then enter immediatly into this Land because the lawe hauing tried the felony it casteth the Land vpon the Lordâ— Sur. The King hath it for a yeare and a day and then commeth it vnto the Lord and his heires for euer Lord. Is this all the causes of escheats Sur. Escheat may also be where a Freeholder Tenant in ancient demeisne and a customary Tenant of inheritance dieth without heire generall or speciall none of the blood comming to claime the same it falleth vnto the Lord by way of escheat Lord. This then is immediatly the Lords and the King hath no part or time therein and without any further ceremony he may enter dispose of that his pleasure Sur. It must be also first sound and presented by the homage of the Mannor whereof it is holden and after proclamation made to giue notice vnto the world that if any can come and iustly claime it hee shal be receiued the homage then finding it cleere doth intitle the Lord therof as a thing escheated for want of an heire Lord. You speake of an heire generall or speciall what difference is there Sur. The heire generall is of the body of the deceased and the speciall of his bloud or kinne Lord. So haue you satisfied me thus farre nowe what say you to the pleas of Court for I remember it is part of that you before spake of Sur. It is true they are parcell of the Perquisites of Court Lord. Whereof commeth the word Perquisites Sur. Of the word Perquirâ— as I take it which signifieth to search for or to enquire diligently as also to get or obtaine Lor. It may well be so for these things before rehearsed vnder the name of Perquisites are all casuall and not at all times alike and therefore may be called Perquisita things gotten by diligent enquiâ—â—e And to that end so many things are giuen by the Steward to the Iury of a Court Baron Leeâ—e in charge that they should diligently enquire of them finde them and present them and yet scarcely one of forty of the seuerall things wherewith they are charged are found by the Iurie And some things happen at one Court that happen not againe in twentie Courts after and therefore are also called Casualties as happening now and then as I conceiue it hauing little experience in them Sur. Yes it seemes you haue the better part of experience namely comming in of the profite of the things where some know the same but they know them as appertaining to others not to themselues But of this nature are the profits that arise by Pleaâ— of Court which because they are diuers and doe diuersly arise there needâ— no long relation of them Lor. Are there no other Perquisites of Court but such as you haue already remembred nor other 〈…〉 Mannor Sur. There be many other profiâ—s that may grow also vnto a Lord of a Mannor yet they not certaine nor in all Mannors alike Lord. Then are they also casuall and may â—e called also Perquisites of Courts 〈…〉 Sur. Casuall But noâ— perquisites of Court yet foâ—â—e of them may be called perquisâ—â— in some sence because they bee gotten by search and inquitie as those that are hidden in the earth as Treasures which as long as they lie vnknowne benefit not the Lord but when they are found they are called Treasure troue as Siluer Gold Plate Iewels and such like before time hidden which appertaine vnto the Lord. So doe minerals of Lead Tiâ—â—e Copper and such like And quarries of stone Free-stone Sâ—aâ—e-stones Marking-stones and all such which may long lie vndiscouered As may also Colâ— Lime Chalke and such for which search being made are haply found yet because the benefite is vncertaine vpon the present and what continuance and vent it may afford they may passe vnder the name of Perquisâ—â—es and Casualties as may also Fishing and Fowling vnlesse the Lord can bring the same to bee a certaine conâ—â—â—uing rent Then are they no more casuall during the graunt
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 funâ—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 â—uch an heâ—â—e a ward it is more proper to say he is in ward or as the Lawâ—er sayes a ward Sur. I take it as yâ—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 â—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 Eâ—â—nage vncertaine grand seriâ—â—â—tie or some other like seruice and was called seruiciâ—m miâ—â—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 MaÌ„nors 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. Maâ—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 incoâ—ueniencâ—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 presâ—nâ— 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 instituâ—ions he must be Idoneus fit for the place Lord. But lye thâ—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 iâ— any carnall consideration mooued him to the partie he standeth not cleare before God into whose steade he intrudeth himselfe after
water which when you wash your hands with it smelleth like violets Some would no doubt giue much for such excellent water Sur. Though the smell be sweete I hold not the water so wholesome for we doubt it is in it selfe Leuis putredo a kind of light putrifaction whiâ—h passing lightly by the sence of smelling deceiueth the sence which if it tooke a more serious note of it would find â—t a kind of stincke as your purest muske and Câ—uet the more neerer the sence it commeth and the more the sâ—â—ce chargeth it selfe with the whole sent the more lothsome it will prooue But these are things comming into our talke by the way let vs returne to our matter of meddowes the cause of whose goodnes is the soyle and ouerflowing with the most muddy water Bay No doubt it is an admirable helpe vnto them nay I by small experience that I haue found can tell you a pretie paradoxe how say you to this Boggy and spungy ground whereof we discoursed before though in it owne nature it be too moist yet if it be ouerflowed with water often it wil settle and become firme which howsoeuer in my poore vnderstanding it should seeme opposite to reason that water should helpe watery ground yet experience findeth it so Sur. All ouerflowing waters doe bring a slymy and fat substance with them and leaue it behind them which together with the working of the water thorowe the spungie ground you speake of worketh that effect in all grounds where it comes Bai. But water cannot be brought into all kinds of boggy grounds nor into all kinds of meddowes Sur. No for there are two sorts of meddowes lowe moist and vpland and dry meddowes of these kinds the lowe is commonly the best because they are aptest to receiue these falling and swelling waters which for the most part brings fatnes with it and besides it moistneth the ground and makes the grasse to growe cheerefull yet howsoeuer fat fruitefull they be continuall moouing yeerely without intermission may weaken them and impaire their goodnes and will require some helpe vnlesse they be such meddowes as I recommended vnto you yeâ— while that are so fed with fat ouerflowing waters as do still maintaine them in strength Bai. Then must the vpland meddow by often and continuall sheering needes decay Sur. The vpland meddowes haue but the name of meddowes for indeed they are but the best pasture grounds laid for hay And to distinguish betweene that kind of meddow and pasture ground or betweene pasture and arable is friuolous for that kind of meddow is most properly pasture and all pasture grounds may be tilled For when we say arable it is as much as if we said it is subiect to the plow or land which may be plowed and why then may not a man say that which is now pasture is arable that is conuenient to be tilled And on the contrarie that which is now tilled may be pasturable namely apt to graze and to feede cattle Bai. You prooue that it is superfluous in manner to distinguish the qualities of grounds Sur. I confesse a Surueyor may note the quality of euery kind as he findeth it in the time of his perambulation and view But peraduenture the next yeere he that comes to distinguish them may enter them cleane contrarie to the former And therefore it is not amisse in all such entries to adde the word now as to say now tilled or now pasture now vsed for meddow vnlesse it be low meddow alwayes mowne But he that shall enter a peece of vpland ground though it be sometimes mowne vnder the name of meddow erreth in his entry But for that let all men follow their owne fancies But because we speake of vpland meddowes we will accept all mowable grounds in that sence And of such I will first speake They are either of a clay soile and so naturally fat or stiffe or a sandy earth inriched and made fat by industrie and both of these by mouing yearely without intermission and supply of helpe may be so impaired as it will yeeld little benefite to the owner The nature therefore of euery ground must be considered for the vpland and high ground may be also watrie and consequently cold and moist which kind of grounds are generally clay for a sandy and grauelly ground lying high and depending is seldome or neuer found moist by nature but drie and consequently hot So that all vpland grounds are commonly either too cold and moist oâ— too hot and drie either of which must haue his seuerall helpe For as the constitution of a mans bodie is found by the effects of fatnesse leanenesse heate and cold So do the earths discouer their natures by their fruite which nature causeth them to bring foorth in infinite kinds The cold and watry grounds yeeld long but foure and vnprofitable grasse rushes and rancke Mosse which kind of ground must be cured if need require with draines but commonly these grounds are of clay and clay will neuer giue way or euacuation to the water because the ground is hard and stiffe contrarie to the open and spungy ground which is thin and open And therefore the hottest chalk or lime is best to kill the foure grasse vnprofitable mosse So is cole-dust ashes chimney foote if sufficient quantity could be gotten after these things thus laid it is expedieÌ„t to giue it a tilth or two then to let it lie againe if it be to be vsed for meddow or pasture And for the other grounds which are hot and drie by nature the contrary is to be vsed by vsing meanes to coole the heate and to moisten the drinesse and that iâ— by bestowing some fat and slimy Marle vpon them which will much cherish reuiue the parched grasse and kill the hungry mosse that groweth by the drinesse of the 〈◊〉 as a scurfe or tetter on the body by the heate that proceedeth of a salt humor The natures of these two kindes of grounds are also found out whether they be cold moist or hot and drie by the quantitie and qualitie of their fruits as the seasons of the yeere be drie or moist for that ground that groweth best in a moist yeere is hot and drie The clay ground in a moist yeere if it be not too moist may be also comforted because in too drie a yeere the clay becommeth so strongly bound that the tender grasse can hardly make way through the obdurate earth whereas moderate moisture molifieth the same cherisheth the roote and giues way for the grasse and if it haue too much moisture it becommeth so slimie and the rootes so drenched as it turneth the grasse into a spirie kind and that but short and by the cold that commeth of the too much moisture it increaseth rushes aboundantly and thicke mosse So that it appeareth that the seasons of the yeere doe either helpe or hinder the increase of