part of Hamshire they haue another kind of earth for their drie and sandy grounds especially betweene Fordingbridge and Ringwood and that is the slub of the riuer of Auon which they call Mawme which they digge in the shallow parts of the riuer and the pits where they digge it will in few yeares fill againe this Mawme is very beneficial for their hot and sandy grounds arable and pasture And about Christchurch twineam and vp the riuer of Stowre they cut and dig their low and best meddowes to helpe their vpland hot and heathie grounds And now of late the Farmers neere London haue found a benefite by bringing the Scauingers street soyle which being mixed as it is with the stone cole dust is very helpefull to their clay ground for the cole dust being hot and drie by nature qualifieth the stiffenesse and cold of the soyle thereabouts The soyle of the stables of London especially neere the Thaâ—es side is caried Westward by water to Chelsey Futham Battersay Putney and those parts for their sandie grounds Bai. Whether do you accompt the better the stall or stable dung Sur. The stable dung is best for cold ground and the stall dung for hot grounds if they be both rightly applyed And of all other things the Ashes that proceed of the great rootes of stocked ground is fittest and most helpefull to a cold clay So is the sinders that come from the Iron where hammers or forges are being made small and laid thin vpon the cold moist land Bay I was once in Somersetshire about a place neere Tanton called Tandeane I did like their land and their husbandry well Sur. You speake of the Paradice of England and indeed the husbandrie is good if it be not decayed since my being in those parts as indeed to be lameÌ„ted men in all places giue themselues to too much ease and pleasure to vaine expence and idle exercises and leaue the true delight which indeed should be in the true and due prosecution of their callings as the artificer to his trade the husbandman to the plow the gentleman not to what he list but to what befits a gentleman that is if he be called to place in the commonwealâ— to respect the execution of Iustice â—he be an inferior he may be his owne Bayly and see the managing and manuring of his owne reuenewes and not to leaue it to the discretion and diligence of lither swaines that couet onely to get and eaâ—e The eye of the idle master may be worth two working seruants But where the master standeth vpon tearmes of his qualitie and condition and will refuse to put though not his hand his eye towards the plow he may if he be not the greater for I speake of the meaner gentlelize it awhile but he shall find iâ— farre better and more sweet in the end to giue his fellow workmen 〈…〉 in the morning and affably to call them and kindly to incite them to their businesse though he foyle not his fingers in the labor Thus haue I seene men of good qualitie behaue them towards their people and in surueying of their hirelings But indeed it is become now contemptible and reprochfull for a meane master to looke to his laborers and that is the reason that many well left leaue it againe before the time through prodigalitie and improuidence and mean men industrious steppe in and where the former disdained to looke to his charge this doth both looke and labor and he it is that becomes able to buy that which the idle and wanton are forced to sell. Now I say if this sweet country of Tandeane and the Westerne part of Somersetshire be not degenerated surely as their land is fruitfull by nature so do they their best by art and industrie And that makes poore men to liue as well by a matter of twenty pounds per annum as he that hath an hundred pounds Bayly I pray you Sir what do they more then other men vpon their grounds Sur. They take extraordinarie paines in soyling plowing and dressing their lands After the plow there goeth some three or foure with mattocks to breake the clods and to draw vp the earth out of the furrowes that the lands may lye round that the water annoy not the seed and to that end they most carefully cut gutters and trenches in all places where the water is likeliest to annoy And for the better it riching of their plowing grounds they cut vp cast and carry in the vnplowed headlands and places of no vse Their hearts hands eyes and all their powers concurre in one to force the earth to yeeld her vtmost fruite Bai. And what haue these men in quantitie vpon an acre more then the ordinarie rate of wheat which is the principall graine Sur. They haue sometimes and in some places foure fiue sixe eight yea ten quarters in an ordinarie acre Baily I would thinke it impossible Sur. The earth I say is good and their cost and paines great and there followeth a blessing though these great proportions alwaies hold not And the land about Ilchester Long Sutton Somerton Andrey Middlesâ—y Weston and those parts are also rich and there are good husbands Bai. Do they not helpe their land much by the fold Sur. Not much in those parts but in Dorset Wilt-shire Ham-shire Barke-shire and other places champion the Farmers do much inrich their land indeed with the sheepfold A most easie and a most profitable course and who so neglecteth it hauing meanes may be condemned for an ill husband nay I know it is good husbandrie to driue a flocke of sheepe ouer a field of wheate rye or barly newly sowne especially if the ground be light and dry for the trampling of the sheepe and their treading doth settle the earth about the corne keeping it the more moist and warme and causeth it to stand the faster that the wind shake it not so easely as it will doe when the roote lyeth too hollowe Bai. I cannot reprooue you But I knowe grounds of a strange nature in mine opinion for if they be once plowed they will hardly graze againe in 6. or 7. yeeres yet haue I seene as rich wheate and barly on it as may well approoue the ground to be very fruitfull And if a stranger that knoweth not the ground looke vpon it after a crop he will say it is very barraine Sur. Such ground I knowe in many places as in the Northwest part of Essex in some places in Cambridgeshire Hartfordshire Buckinghamshire Wiltshire But commonly where you find this kind of earth it is a red or browne soile mixed with a kind of white and is a mould betweene hot and cold so brittle in the vpper part and so fickle as it hath no firme setling for the grasse to take rooting so soone in such sort as in other firmer grounds and for this kind of ground good and well rotted stable
found by the fall of the wandring Index so the other protracteth from the degree whereupon the needle falleth Bayly This differs as much as if the bell should strike the hammer to make it strike where it is more ordinary that the hammer should strike the bell but if the sounds be like certaine and sencible it makes no great matter whether do strike the other And if either of these instruments will performe the worke let men vse whether they list But I pray you let vs proceed in our intended businesse we haue company sufficient both for your instruction of euery mans land and to ayde you to carry the chaine as for your instrument I will carry Is it much materiall where you begin Sur. Truly no yet I hold it most fit to beginne abouâ— the middle of the Mannor and then to take a course as the conuenient lying of the land will moue vs or at one end or side all is one Bayly Then I thinke here is a conuenient place to begin the busines here is a spacious waste and neere about the middle of the Mannor Sur. I pray you then set down your instrumeÌ„t there Baylie What will you doe with that paper Sir Sur. I must fasten it vpon the table that as I goe I may drawe out the forme of euery particular Bay But what is that braâ—se Ruler that you haue taken out of the â—ase Sur. It is the Index of the plaine table Bay Wherefore strike you that line vpon the paper throughout the table at aduenture Sur. It is a meridian line vpon which at euery station as you shal see I lay the Index obseruing to lay it alwaies alike lest I mistake the North point for the South and the contrary Bay Wherefore serueth this great box and néedle vpon the middle of the Index Sur. It directeth to set the table alwaies precisely vpon one point Bay Must it stand alwaies one way and direct alwaies to one point how then can you find the true curuings of the angles Sur. When the needle of the Index standeth true as I take it now it doth Looke vpon it Bay Indeede it is right ouer the line Sur. Then I pray you let me haue one to goe before me alwaies to stand with a marke at â—uery angle Bay There is one gone Sur. I see him Loe I stirre not the table now it is truly rectified and vpon this line I make a pricke which is the very station where the instrument is supposed to stand and now from this pricke laying the Index hard vnto it I by the sights of the Index lay it vnto the mark which is set vp in yonder angle let him not remooue it till I come to it then as you see I draw a line froÌ„ the prick by the index as it lieth truly and firmely to the marke Come on with the line How many stickes is it Baylie Sir it is 25. stickes Sur. That is 75. pole Baylie Is your chaine thrée pole Sur. Yea. Baylie Oh Sir what do you now with your compasses that you first laid to your Index and after to the paper Sur. I lay out the true distance which is from the place where we begun to the place where the marke stands Bayly How do you know whether you strike that line too long or too short do you ayme at it as a man would diuide a thing in diuers parts by his eye Sur. No there is in all arts sundry parts and euery part hath his seuerall practise A man is not presently a Musician as soone as he can say his Gammaâ—th There are steppes and degrees to euery perfection But this little note that you take hold of is not the least of the practise in this facultie Bayly What call you it For as Arts haue diuers parts so euery part hath his seuerall denomination Sur. And this whereof we are now in hand is called The vse of the scale Bayly I pray you if I trouble you not too much let me see the demonstration Sur. You see in this Index diuers inches diuersly diuided one you see is diuided into 16 equall parts another into 20. another into 60. these are called scales of ascending or descending to a higher or lower computation and extention according to the number of perches found betweene station and station This as you see is 75. pole and the scale or diuided inch which I haue chosen is 20. as you see the inch so diuided Bail But how can you take 75. out of 20. for that you say is your scale Sur. I cannot take a greater out of a lesser therefore you see me apply my compasses to more inches then one though some of them be diuided more or lesse I must conceiue euery inch in the whole Index to be 20. Then I lay the one foot of my compasse ouer 3. inches which maketh 60. theÌ„ I lacke 15. to make 75. Therefore I set the other foote of my compasse into the scale of 20. and reduce it onely to 15. which 15. and the three inches next adioyning being imagined 20. a peece makes 75. And as you see the compasse thus spred I apply it without altering to the line which I drew from the first pricke and where the other foot of the compasse falleth there is the second station namely the place where this marke stood Bail Truly Sir I thanke you I conceiue it well for I perceiue I must alwaies accompt the inches not as they are in themselues diuided but euery of them 20. And if it be vnder 20. then I must reâ—erre me to the very scale it selfe which is diuided 20. and take the number out of it and if it be aboue 20. I must take the next inch or inches to the scale and take the odde out of the scale it selfe Sur. If your sudden apprehension haue as strong a retention you will do well but commonly quickest conceits do soonest forget Therefore must you often chew it in your mind and apply it to your memory and as we passe in this busines you may make some practice Bai. Sir I thanke you Sur. What call you this common Bai. Yeâ— that are Tenants and are swornâ— informe the Surueyor Iurie Sir it is called Water-hurst common Sur. So you that carry the marke I pray goe to the next angle and set vp your marke and stirre it not till I come Master Baily set downe the instrument againe heere where the marke stood Bai. I perceiue you lay the Index vpon the line againe and then you turne the table till it be by direction of the néedle North and South as before Sur. I doe so Bai. But why doe you now lay the Index and by it looke backe againe Sur. Only to try whether the needle be right for if the Index from this last pricke doe fall truly vpon the first station then may I be bold that I shal make the next angle true Bai. Nowe you lay the Index to the yonder
and Qualities of Land with the present Rents and estimate values by a reasonable improouement which duly found to haue a due regard to proportion yeerely distributions and expendings with the annuall Incoms in such sort as alwayes the present yeere may rather adde vnto the next then the next to bee charged with the yeere past For when the present yeere shall expend more then the Reuenues of the same may beare the yeere following cannot but be surcharged and so will it surcharge the future so long that either he shall be forced to strike the topsayle of his improuident wasting in time or at length through the furious blasts of excessiue prodigalitie be blown vnder the water of disability by ouerswelling the sayles of his vainglory I speake not this in the way of attachment but of preuention And so I trust all men will take it and accept of my poore indeuour in this kind considering that necessary it is that al meÌ„ should know what it is to haue reuenewes namely first to know them then to vse theÌ„ to their own aduancement and to the good of others And because it is not the worke of the Honorable of such as haue high serious common-wealth imploiments to bee personal actors of their owne affaires in this kind they are to vse the seruice of such as are fit in knowledge and iust in dealing to trauel in this kind of busines by whose faithfull and sincere informations they may know what is iust and right to be done and demanded And in al fauour and clemencie to deale with such as are in this manner within the compasse of their commands and by whom and by whose labours they maintaine their greatnes for no doubt there is none but well considereth that how great or powerful soeuer he be in laÌ„d reuenues it is brought in vnto him by the labours of inferiour tenants yea the King consisteth by the field that is tilled And there is none of these inferiours of ordinary discretion but well knoweth that what hee inioyeth is by the fauour of his Lord in a sort And therefore ought there to bee such a mutuall concurrence of loue and obedience in the one and of ayd and protection in the other as no hard measure offered by the superiour should make a iust breach of the loyaltie of the inferiour which kind of vnion is no waies better preserued and continued between the Lord and tenants then by the Lords true knowledge of the particulars that euery tenant holdeth a fauorable course in fines and rents and by the tenants loue and thankfulnes in al readie seruice and dutie towards the Lord. And to that end it is no doubt expedient that Lords of tenants haue due regard of their owne estates namely of the particulars of all their tenants landes and that by a due true and exact view and suruey of the same to the end the Lord be not abused nor the tenants wronged grieued by false informations which coÌ„monly grow by priuat Inteligencers neuer by iust Surueyors And because the office of a Surueior duly waid is an office both necessary expedient of trust It behoueth him to be first honestly and vprightly minded and next skilfull and iudicious in the facultie Then can he not but by industrie and diligence produce an exact discouerie and performance of the worke he vndertaketh to the true information of the Lord whose benefite and vttermost lawfull profite he is to seeke in a good conscience disswading him yet from distastefull Auarice the greatest blemish that can befall a man seeking true reputation and renowne by his reuenues For too much seueritie afflicteth the hearts of poore Tenants who by common experience are found to be more firmely knit in the band of true dutie loyall affection and readie seruice vnto their Lords by their Lords frugalitie sweetened sometimes with the chearefull drops of true liberalitie then by the extreames of austeritie vaine prodigalitie or compulsiue exactions And yet not so as Lords of Tenants should be so ouerswayed with abused lenitie or carelesse looking into their owne as may breed contempt in Tenants but rather that they should keepe such an eeuen and equall hand ouer their Tenants as may continue mutuall loue and in them a louing feare And not to seeke the increase of reuenues so much for vaine glories as for vertues maintenance Which will appeare by doing good to deseruers by their vertuous life A worke of true vertue when contrarily vaineglorie seeketh idle and vaine reputation by vniustly atchieuing and either prodigally consuming or too miserably increasing Reuenewes which I must leaue to euerie mans owne fancie wishing all to fashion their waies in this kind to Gods glory the Kings seruice the good of the Common-wealth and to other such ends for which God hath giuen them greatest earthly blessings recoÌ„mending vnto you this simple rude lumpe of which if some more skilfull will bestow the re-licking bring it to his true shape my selfe with many others should thankfully imbrace it In the meane time friendly accept it and in kindnes afford sparing reproofe Eccles. 7.13 Wisedome is good with an inheritance Yours I. N. The Printer to the friendly Reader THe Author â—ot being present at the examination of the proofes sundry faults haue escaped by mistaking the copie which faults the Author sâ—nce for the most part hath reformed and if you find any not corrected I pray with patience beare it and vse the meanes to reforme it I pray the Reader to correct these faults committed in Printing in absence of the Author vz. Page 5. line 20. for vnder read ouer pa. 7. li. 27. for farme read same p. 8. l. 15. for rudely read readily ibid. l. 32. for estimate read extenuate p. 9. l. 31. for there read their p. 12. l. 3. for Surueyors read Surueyes p. 14. l. 4. for corruption read compasse p. 45. l. 27. for Mannors read mannor p. 53. l. 21. for sine read sine p. 58. l. 9. for seruice read fee. p. 62. l. 34. for promise read prouiso p. 119. l. 19. for former read forme p. 88. l. 2. for leaser read leasee p. 76. l. 16. for person read purses p. 74. l. 32. for our read one p. 44. l. 28. for can read ran page 39. line 21. for affirmeth read assumeth The Author to his Booke LOoke ere thou light into the hands of some Some lay but traps to catch thee in disgrace Disgrace thou none be silent where thou come Yet thou shalt come where Momus is in place Place thee with those whose hearts aright do see And seeing iudge in fauour faults that be Faults be in thee who sayes he doth not erre Erres in conceit that he alone is free And such not free will sure thy faults transferre And for one fault transferre them ten in thee Not thee in this but me they discommend That I abroad do thee so basely send Base I thee send excuse me what thou can If
such like Will you not regard the estate of your Cattell their number health and safety And haue you not a continuall watch ouer all your seruants and children and to the preseruation of things within and without If you do thus in one small Farme what would you do in ten could you see vnto them all your selfe If you had as many Mannors would you sit at home and receiue the rents and fines that your Tenants would bring you without consideration of the estate or values quaÌ„tities or qualities of the things for which you receiue their money And why haue you this care or would you looke into these things Is it not because it is your liuing and liuelyhood by which you and yours are maintained And how much the more it is neglected so much the more it decayeth and if it decay in quantity you can not continue equall in quality And can you therefore thinke it a hard course in that Lord that hauing his Lands which are his liuelyhood dispersed in diuers parts of the Realme to which through greater imployments of importance hee can not personally resort if hee could it is neither his experience nor fit for his calling to trauaile therein to authorize and send such as may take view of his reuenues and of the estates of his Tenants who are by custome and law in many things bound vnto him and that by such his substitute he may be truly aduertised of what he hath and how his meanes do arise that he may proportion his charge and expences accordingly and whether he be abused by his Tenants or his Tenants by his officers or one Tenant by another or the Lord wronged by confining Lords by intruding too far into his Lands how rents be answered and customs continued how free-holders do performe their suits vnto his courts how his tenements are mayntayned and repayred how his woods are preserued his fishings fowling and prerogatiues mayntayned All which by how much the more they are neglected and let run without view or suruey so much the more doth the Lord weaken his estate and preiudice his heyre wherein it can not be denyed hee offendeth God deceyueth the King and defraudeth the Common-wealth God in that he is carelesse of his blessings bestowed vpon him The King in that he wilfully disableth himselfe to doe hym the seruice he oweth him in body and goods and the Common-wealth in that he disableth himselfe to giue it that assistance that his quality and place ought to affoord and consequently sheweth hymselfe vnworthie to ouersee matters of State and Common-wealth that is carelesse to see vâ—to hys owne Furthermore where a due and true suruey is made and continued there is peace mayntayned betweene the Lord and his Tenants where if all things rest betweene them confused questions and quarrels arise to the disturbance oâ— both In priuate familyes if there be none to ouersee and to manage things domesticall what disorders what outrage what vnciuill and vngodly courses and what spoyle and ruyne of all things doe follow The lyke of necessity where Tenants are left vnto theyr owne will and yet as the vnruly companie in a family could be contented to bee masters of themselues and to haue no controulement So Tenants can well brooke theyr Lords absence and that they might be theyr owne caruers and that the Lord should haue what they would yeeld of theyr owne accord I speake not of the honestly minded but where a multitude is without a guide or gouernor there is disorder and disorder breedeth complaynts and complaynts are vnsauory to a kind Land-lord who must be forced for redresse to punish the offendors and the most offensiue will speake most of theyr wrong and wyll soonest exclayme against any course that may keepe order So that to conclude I affyrme that it is most requisite and expedient for due order sake that euery Lord of a Mannor should cause his Lands to be duly seene and truly surueyd and certifyed and once in seuen or tenne yeeres to haue it reuiewed for the inconueniences that growe by the neglect thereof are of so many kindes and they so dangerous lyke the most perilous disease long concealed that they worke contempt in the Tenants and losse to the Lord. Now to keepe this vpright betweene the Lord and hys Tenants I thinke you can not deny but a true and honest Suruey is necessary and lawfull and may bee performed with a good and safe conscience and in the feare of God if as I haue sayd the conscience bee not before stayned with the corrupt desire of vnlawfull gayne and as I sayde before I thinke fewe or none wyll mislike the course but such as are fare gone in some disease of deceyuing theyr Lord which can not indure to haue this kynde of salue to come neere theyr sore Farm Truly Sir I know not how to answere you but doo consent to that you affirme For for mine owne part I can not but confesse I can finde nothing in mine experience to contradict your speech But pitty it is that Surueyors should be ignorant or vnhonest for the one especially abuseth the Lord and the other wrongeth both Lord and Tenants Sur. But whether is there cause in your conceit to approue or reproue the profession as it is simple in itselfe Deliuer your mind plainely leaue not a scrâ—ple in the minds of your neighbors that haue exclaymed with you against them that neuer offended them reproouing as much as they durst Lords for looking into their owne land and vnlesse Lords were dead images or pictures of men hauing only the name of Lords and could not at all command their Tenants that could neither heare see nor consider what were fit to be done with their owne proper reuenues I can not but wonder that any should spuâ—ne against them herein Farm I thinke you speake something too forceably against Tenants in generall for surely all are not opposite to this course though some be Sur. I condemne none but I reprooue some that of mine owne knowledge haue giuen testimonie of their inward dislike by their outward murmors for what is done with an euill will can not be sayd to be done at all Such as come cheerefully to the seruice are dutifull and I hold it impiety to abuse them but the vnwilling deserue little fauour Farm What should Tenants principally do in such a businesse Sur. Nothing but that law custome and duty requireth at their hands to giue their best ayd to the Surueyor to trauell with him about the circuit buts bounds and limits of the Mannor to informe him of the same and of euery particular mans land and rent to shew him their copies leases and deeds to the end he may enter and inroll theÌ„ all together in a faire booke for the Lords vse and for a perpetuall record for themselues Farm For information and shewing the particular grounds and bounds of the Mannor indeed
King gaue Lands vnto his followers in such quantity as did exceed the proportion of a mans manurance and occupation as a thousand two thousand Acres more or lesse which quantity of Land being at that time as it were in a lump or Chaos without any distinction of parts or qualities of Land he to whom such Land was giuen to hold to him and his heires for euer enfeoffed some others in parts thereof as one in ten another in twenty and some in more some in lesse Acres and iâ—â—onsideration of such feoffements euery of these were to do the feoffer some kind of seruice as he and they agreed vpon reseruing such a part vnto himselfe as he might conueniently occupy in his owne hands and by this meanes the Land thus giuen by the King and thus proportioned out to others by the Donee became to be called a Mannor And he that was thus inuested in this Land by the King was in respect of such as he infeoffed called the Lord and such as were infeoffed were called Tenants Lord in respect of gouernement and commaund and Tenants in respect of their tenures and manner of holding vnder the Lord whom they were to obey Lord. But when or about what time was this erection of Mannors Sur. As I take it and as it seemeth in the time of the Normans for among the Saxons was no such name as the name Mannor yet the thing euen in substance was then for they had Demeisnes and seruices in substance but the demeisnes they called Inlands and the seruices Vtlands so that it differeth only in name but in Iurisdiction little or nothing at all Lord. Whereof is it called a Mannor Sur. There is some differeÌ„ce of opinioÌ„s wheÌ„ce the woâ—d Mannor should be deriued it is in Latin called Manerium yet a word not vsed among the Romans or ancient Latins therfore to find the etimon by it cannot be for the word is vsed among our Lawyers as many other made words are which haue bin termes raised by our Lawes are not elsewhere in vse and therefore the neerest way to find the signification of the word is by the quality of the thing so that some hold it should proceed of the Latine verbe Manerâ— which signifieth to abide or remayne in a place as the Lord and his Tenants did in this wherof the head house or the Lords seate was called Berrye which signifieth in the Saxon toong a dwelling place which continueth yet still in Hartfordshire and in diuers other places and is also taken sometimes pro castro which was also the seate of the Lord of some Mannorâ— Mannor houses were also and yet are called in some places Halls as in Essex and Northward Courts and Court-houses Westward as in Somerset Deuon c. as also Mannor places all which are places of the Lords owne abode and therefore it may not vnfitly be said to take name of abiding or dwelling Some thinke and not improperly that it taketh name of the French word Manemirer which signifieth to till and manure the ground And of the two I take this latter to be the most proper deriuation of the word Mannor for thereof are many chiefe houses of tillage called Predia Graunges It may also take name of Mainer to gouerne and guide because the Lord of the Mannor had the managing and direction of all his Tenants within the limits of his iurisdiction Of these deriuations qualem mauis accipe necessity tyes to neyther Lord. These significations of the word may stand all with sence and much materiall it is not whence the word ariseth but the likelyest is indeed that which most agreeth with the propertie of the thing But I haue within my Mannors sundry mesuages whence is the name deriued Sur. Of meisus or mesuager which is as much to say as familiam administrare to gouerne a houshold for euery of the Tenants had his family and of diuers of them and of the Lords family did a Mannor consist Lord. Then no doubt if a man haue a thousand Acres of Land more or lesse to him and his heires which lyeth in one intire péece not yet diuided may be diuided into parts as a portion for the Lord himselfe and some parcels to erect such mesuages for Tenants to do him seruice as he may make a Mannor where none was before Sur. No Sir for although a man haue a competent quantity of Land in his manurance and would conuert it to the end you speake of were it neuer so great and could establish many mesuages and could erect whatsoeuer seruices this would not become a Mannor because all these must haue long continuance which can not at this day be confirmed by any priuate man but by the King only but he may haue thereby a kind of seignory a Lordship or gouernement in grosse ouer his Tenants by contract or couenant but no Mannor No man at this day can create a seruice or a tenure or by any meanes rayse or erect a Mannor for there must be very Lord and very Tenant in fee-simple and that of auncient coÌ„mencement and continuance or else it can inure no Mannor For a man may haue demeisns to occupy and Tenants to do him seruices and that of continuance and yet no Mannor As if a man that had Land did giue part of this Land in former time to some others in tayle to do him seruices heere are demeisnes in the donor and seruices in the donees and a tenure yet because there be not very Tenants in fee simple remaketh no Mannor Lord. Whether are all Lands holden of a Mannor parcell of the same Mannor Sâ—r. No Lands may be holden of a Mannor by certaine seruices the seruice may be parcell of the Marnor and yet the Lands not Lord. But may not this Land be made parcell of the Mannor at this day Sâ—r. By no other meanes but by escheat for if the Land fall vnto the Lord by escheat then it comes parcell of the Mannor for then is the seruice extinguished and the Land commeth in place of it Lord. May not a man purchace Land that lyeth néere his Mannor and annexe the same and make it parcell of the Mannor though it held not of the Mannor before Sur. Forraine Land newly purchased though it lye within the precinct and bounds of the Mannor can not be annexed though the Tenant thereof be willing to do his seruices there for this is in nature of a new creation of a tenure which at this day the lawe will not admit only the King by his prerogatiue may Lord. What if it were tyed vnto the Lord of a Mannor for the payment of an annuity is not the annuity then parcell of the Mannor And if that Land be purchased by the Lord and thereby extinguish the annuity doth not that Land come in place of the annuity and so become parcell of the Mannor as the Land you spake of before which by the escheat
conuent but what say you to the Rents of Assize What meane you by Assize Sur. Truly for my part I take it to signifie set in certainty for these kind of rents are as in the beginning neither risen nor falne but doe continue alwayes one and the same and only they and none else can be properly called rents of Assize Lord. I thinke you take it rightly and are all rents of one kind Sur. No there are properly three kinds as rent seruice Rent seck and Rent charge Lord. These termes are strange to me though I be Lord of many Mannors and no doubt I receiue rentes of euery of these kindes but how to distinguish them I can not tell And whether I haue bin abused by mine Officers or no I know not for they neuer told me of these many kindes of rentes and therfore let me intreat you for my satisfaction a little to explaine their seuerall natures Sur. These Seuerall rentes are paide vpon seuerall considerations and haue seuerall grounds and commencementes and are diuersly to be leuied and recouered if they bee denied That which is called Rent seruice is so called because it is knit to the tenure and is as it were a Seruice whereby a man holdeth his Landes or Tenements As where the Tenant holdeth his Lands by Fealty and certaine rent or by Homage fealty and certaine rent or by any other seruice and certaine rent the rent is called Rent seruice for as the Seruice followeth a Tenure so the Rent followeth the seruice And if this rent bee behind the Lord of Common right may enter and distrayne for it The Rent charge is so called because when a man graunteth any Land whether it bee in fee-simple â—ee tayle for life for yeares or at will and in his deede reserueth a rent with clause of distresse for non payment by vertue of this clause the Land is charged with payment of the rent by expresse wordes and by force of it the Lord may distraine for his rent behind Lord. This kind of rent is at this day I thinke most common for fewe will graunt Land but they will make such prouision that the Land shall stand charged with the rent Sur. It is true for at this day there can be no rent seruice raysed because it cannot bee without a tenure which can not be at this day created Lord. What is that you call Rent seek Sur. It is a bare rent reserued vpon a graunt wherein there is no mention made of charging the Land by distresse and it signifieth redditum siccum a dry rent for the recouery whereof the Land is not charged Lord. Few such rents are now adayes for a man had nâ—ede to make all the prouision he can to secure his rent and yet he may be driuen to try his vttermost meanes to recouer it But you haue satisfied me also touching these rents now let me intreate you to shew something of oâ—â—er things incident vnto a Mannor by which the Lord receiueth profit or prerogatiue Sur. Profits may rise by infinite meanes and wayes out of a Mannor to the Lord but all Mannors yeeld not profits or commodities alike neither in nature or value Lord. I thinke indéede all Mannors are not alike profitable to the Lord neither hath euery Mannor like meanes yet I desire to know for my experience sake what may grow out of a Mannor that I may the better looke into the natures qualities of such as are vnder my power and commâ—â—nd Sur. If you haue a Mannor or Mannors there is as I sayd before a Court Baron at the least incident thereunto and to some a Leeâ—e or Law-day which is called the view of franck pledge by which Courts do grow many and diuers perquisites and casualtyes as fines of land Amerceaments heriots rehefes wayues estrayes forfeitures escheates profits growing by pleas in Court and such like Lord. You may doe well to shew mée though briefly what euery of these former things doe properly import for to tell me the names and not the natures of the things is as if I should know there is a Sunne but whether he giue light and heate to be ignorant Therefore before you passe further in any discourse shew me how fines of Land doe arise vnto the Lord and what amerceaments are and the rest Sur. Fines of Land are of sundry kindes and yet properly and most especially they arise of copyhold or customary Lands and Tenements which are in diuers Mannors of diuers kinds for there are customary Lands which are called copyhold of inheritance and they are such as a man holdeth to him and his heires according to the custome of the Mannor at the will of the Lord. When such a Tenant dyeth and the heire commeth to be admitted if the custome of the Mannor beare a fine certaine he giueth but the accustomed fine If it be vncertayne and arbitrable he agreeth and compoundeth with the Lord or Surueyor or Steward for the fine Some hold Customary Land for liues as for one two or three liues whereof the fine is alwayes at the Lords will as is also the fine for yeeres There are also fines for licences of Surrenders of Customary Land and for alienation also of free-hold Land and these are called Fines which signifieth as much as a finall composition and when the fine which is the end of the contract is answered all but the yeerely rent during the terme agreed vpon is payd These and such like summes of money raysed aâ— a Courtâ—arâ—â— are parcell of the peâ—quisites of the Court as are all amerceaments which are summes of money imposed vpon the Tenants by the Steward Surueyor by oth and presentment of the homage for default of doing sute or for other misdemeanours punishable by the same Court infinite in number and quality Lord Whence taketh the word Amerceament name Sur. Of being in the Lords mercy to be punished more or lesse crumenally at the Lords pleasure and will It is no doubt a borrowed word as many other words vsed in our common lawes are for hee that is amerced is sayd to be in misericordia that is in the mercy of some body Lord. These wordes may be vnderstood by vse and by the manner of the vse of things but he that should seeke the etimon among the Latines of the substantine Amercâ—â—mentum and the adiectiue Amerciatus might seeke long be neuer the nâ—ere But I perceiue we must take it as our â—athers first framed it and left it I vnderstand what it meaneth in our common sence and that sufficeth Sur. Other words not a fewe in like sort to bee vnderstood we find in vse amongst vs which doubtles the Romans neuer knew and yet they that haue to do with the things wherein they are vsed vnderstand the meaning although their deriuations be strange as amoÌ„gst others it is questionable whence the name of a heriot may be deriued Lord. That would I be
will burn very excellently And if it be cut neuer so deepe it will fill againe in few yeeres and then may it be digged againe Bayly Then it is beneficiall ground Sur. So it is and I thinke there be many grounds would serue to this purpose if they were sought out where scarcitie of other fewell is Bayly You spake of Furze I take that to be no good fewell but to brew or bake withall Suruey Yes it is good fire-wood in Deuonshire and Cornwal where they make great profite in venting it for that vse in many the greatest townes and in Excester especially Bayly Then are they better then our ordinary Furzes about vs. Sur. The countrey people do call them French Furzes they haue a very great stalke and grow very high and their prickle very strong but that they grow thicke and the body is commonly bare to the coppe where is onely a greene bush of the tender and small branches and seldome elsewhere so that they easily make them into Faggots 31 Whether is there within the Mannor any Slate-stones for â—iling red or blacke Lead or Oker for marking stones These kind of Slate stones are full in Cornwall and the marking stones most about Darbyshire and those parts 32 What Deere hath the Lord of this Mannor in his Parke red and fallow how many of Antler and how many rascall who is Keeper and what is his Fee by yeere whether hath he any Warren of Conies or Hareâ— who is Keeper of either of them and what Fee hath he by yeere and what is the Warren of Conies woorth by yeere and what were the Parke woorth by acre to be let by yeere if the Deere were destroyed and how many acres is there within the 〈◊〉 A Parke for Deere is more for the pleasure then for the profit of the Lord or Commonwealth and yet fit that Princes and men of woorth should maintaine them at their pleasures yet not so fit that euery man that listed should maintaine that game for his priuate pleasure that depriueth a Commonwealth of more necessary commoâ—ties But men of late are growne more considerate and haue disparked much of this kind of ground and conuerted it to better vses As for warâ—ens of Conies they are not vnnecessarie they require no rich ground to feed in but meane pasture and craggy grounds are fittest for them It is therefore in the discretion of a good and circumspect Surueyor to aduise his Lord how to dispose of these things for his best aduantage 33 What pentions portions payments or fees are or ought to be yeerely payed out of this Mannor to whom are they payed and for what and what rent or annuitie is there payed or ought yeerely to be payed out of any Mannor or by any person vnto the Lord of this Mannor and whether hath the same bene duly payed or discontinued what is the annuitie or rent by whom ought it to be payed for what thing and how long hath it bene discontinued These things are very duly to be examined both which go out of a Mannor or be payed to a Mannor although in many places they be much neglected not in calling for I confesse but if such payments be denyed the Lord to whom such things are due can hardly say or aâ—ow for what or in consideration whereof they are due and by that meanes men 〈…〉 right both of the payâ—◠〈…〉 of the land if it escheate yea whole Mannors 34 Whether is there within this Mannor any Market weekly or Faire at any time of the yeere kept on what day or dayes who hath the toll and profits of the same and what is it or may it be worth vnto the Lord by yeere Faires and markets are commonly by patent from the King 35 Whether doth the Lord or may he take in any â—â—ine to pawnage yeerely into his parke or woods what iâ— the pawnage woorth by yeere Bayly Sir you need little to enquire of that for Okes and Beech that haue bene formerly â—ery famous in many parts of this kingdome for féeding the Farmers veniâ—â—n are fallen to the ground and gone and their places are scarcely knowne where they stood Sur. It is very true and it is pitty that Lords of MaÌ„nors haue no more care of their posterities For assuredly there will be greater want of â—â—mber in time to come in this Realme then may be supplyed with little charge from any part else whatsoeuer And therefore might Lords and Farmers easily adde some supply of fuâ—â—â—e hope in setting for euery twenty acres of other land one acre of Acoâ—â—es which would â—ome to be good timber in his soâ—nes age especially where there is and like to be more want Bayly The course â—â—ere good but you 〈…〉 for Okes are 〈…〉 it will be long ere they come to be tiâ—ber Sur. I know in Suffolke where in twenty yeeres Acornes haue yeelded fruite already â—ere as high as a steeple of ordinary height Bayly Truly it is pitty it were not enioyned to men of abilitie and land to do it But I thinke men imagine there will be timber enough to the end of the world 36 Whether hath any of you any Deedes Euidences Court-rolles Rentals Sute-rolles Custome-rols Bookes of Suruey Accompts or any other escripts or miniments touching or concerning this MaÌ„nor If you haue any such produce them at this Court for the Lords vse and seruice or if you know any that haue any such deliuer their names that the Lord may procure them to shew the same 37 Who hath the adâ—ouson nomination presentation and gift of the Parsonage Vicarage or Free-chappell whereunto this Mannor belongeth or whether is it an impropriation belonging to the Lord of this Mannor who is incumbent of the Parsonage or Vicarage or who hath the impropriation in vse and what is it woorth by yeere Some haue taken and set downe a Parsonage or Vicarage to be parcell of a Mannor but I take it otherwise for a matter of spirituall or ecclesiasticall function cannot be parcell of a secular liuing But a Mannor as touching the tythe may belong to an ecclesiasticall charge neither do I thinke that an impropriation though it belong vnto the Lord yet is it not parcell of his Mannor because that ab origine euen from the fâ—râ—t institutioÌ„ it was dedicated to a spirituall office And although the profites were afterwards disposed to a secular person yet are not the profites parcell of the Mannor 38 Who is the Lords Baylie what is his name what yeerely fee hath he whether hath he a patent for life or is at the Lords will and who is Steward of the Lords Courts what is his fee whether doth hee hold it by patent or at will who is also keeper of the lords parke warrener or woodward what other officers are there within or belonging to this Mannor and what are their fees Sundry Mannors haue sundry officers some of the Lords
laying it as plaine and leuell as you can Then seed it the next summer and after that hayn it and mowe it and within a yeere or two the grasse will be fat sweet and good Bayly I haue séene meddowes as wel as other arable landes namely the crust of the earth cut in turffes and burned and so sowne as aforesaid Sur. This kind of husbandry is neither vsuall nor expedient in all places especially in meddowe grounds vnlesse the meddowes bee too much ouergrowne with mosse through too much moysture colde yet in deed I haue seene it in some part of Shropshire But I haue thought it rather done for the corne sake then for reformation of the meddowe Bay But I like not this husbandry in any sort in good meddow grounds Sur. You need not feare it for experience hath found that it hurteth no kind of ground But I leaue euery man to his owne fancie Bayly Surely I thinke there needs no helpe to good meddowe grounds for it requireth small trauaile and lesse charge and of all grounds as was sayd in the beginning of our speech it is most beneficiall Sur. Euery thing hath his time and course a growing a perfection and decay And the best ground may bee ouercharged the plowe and the sithe will weaken if there bee no helpes by Art or Nature for though nature wake worke when we sleepe and are idle yet it often faileth when wit and industry must worke and supply what Nature leaueth And therefore he that hath best meddow grounds if he be a good husband will obserue how they stand in force or weaknes and accordingly indeuour to helpe the defects hee must neither sleep for the too much heat in Summer nor keepe house in Winter for the too much cold but both Winter and Summer giue such attendance and ayd vnto his land as in discretion he shall find most behoouefull for land is like the body if it be not fed with nurriture and comforted and adorned with the most expedient commodities it will pine away and become forlorne as the mind that hath no rest or recreation waxeth lumpish and heauy So that ground that wanteth due disposing and right manurance waxeth out of kind euen the best meddowes will become ragged and full of vnprofitable weeds if it bee not cut and eaten some will become too moist and so growe to boggs some too drie and so to a hungry mosse And therefore according to the naturall or vrged inclynation men are to endeuour to prepare preseruations or reformations namely to keepe the good in good case and to bring the euill to a better state If it bee too moyst you must seeke to drie it if too drie you must vse meanes to moysten it Bayly What if there bee such places in a meddowe as neither Art nor charge can conueniently make drie or fit for grasse as I know many and no doubt so doe you which will bee vnprofitable whatsoeuer course be taken vnles more charge bee layd vpon it then it can requite Sur. In such places the best course is to plant willowes red or white namely in euery voyd plot of low ground that is too moyst and of little vse to plant them as also neere vnto and in hedgerowes for those kindes of willowes are very profitable and little hurtfull and delight most in watrie places where profitable and sweet grasse likes not They growe speedily and beare much and serue for many vses in husbandrie Bay In this indeed I can approue your Iudgement by mine owne Art and experience for about seuen or eight yeeres since I set a certaine number of these kindes of Willow poles shaped and cut for the purpose and in deed I cut them and set them in a drie time for I can tell you although they loue the water well in their growing wet is an enemie â—nto them being cut from the tree and in the time of their replanting some I set in the end of Ianuary some in the beginning of February when the extremity of the cold is neere gone I set some in a meddow by a ryuers side some in a bottome where the water falls most in the time of raine and I set euery one of them sixe foote asunder and for three yeeres space I kept them pruned verie carefully and at this present time they haue heads and branches of verie great burden euery thrée trées néere a loade of wood And I do not thinke but euery fiue or sixe yéeres will affoord as much and more for as the body of the tree doth increase the branches will augment in greatnesse and this without losse of much ground or hindrance to the grasse Nay I find that vnder these trees the grasse is most rancke and fruitefull not onely by reason of the dropping of the boughes but by the fal of the leafe in Autumne as also by the cattle sheltring and shadowing vnder them And moreouer I haue planted an Ozier hope for so they call it in Essex and in some places an Ozier bed in a surrounded ground fit before for no vse for the too much moisture and ouerflowing of it And to tell you truly I thinke it yeeldeth me now a greater benefite yeerely acre for acre then an acre of best wheate and that without any great trauell or charge and the ordinary increase seldome sayling Onely I find that this kind of trée brooketh not the shadow of any other tree but delighteth in the open ayre and in the Sunne beames so imperiall or sullen is this little plant And truly I conceiue that men that haue such grounds as befit this kind of commoditie come short of good husbands if they plant them not Sur. You say in this very truly and it is a great shame for many capable wits and able bodies that they hauing liuings and leysure imploy neither of them to their vttermost profitable ends for lands is giuen to man to the end he should till it manure it and dresse it namely he should set sow and plant vpon it and in due discretion to conuert euery place to his fittest fruite For I am of opinion that there is no kind of soile be it neuer so wild boggy clay or sandie but will yeeld one kind of beneficiall fruite or other Bail Nay by your leaue I thinke the pibâ—les or beach stones vpon the sea coast about Orford Nesse in Suff. the Camber in Sussex and such like are good for no vse especially for any profitable fruite for I thinke there is no firmâ— soyle within a speares length of some part of the highesâ— of them Sur. It is true and yet haue I eaten of good and nourishing fruite growing euen there as pease pleasant holesome and good growing of their owne accord neuer steâ—â—â—oâ—â—e but they differ in the maner of branching only the blossoms differ not much but the coâ—â—les hang in clusters eight ten or twelue in a bunch and tast as other pease Bayly
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 â—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 inheritaÌ„ce customary Former fines and rents and the present not vnequall Iohn Stow. Wheat at twelue pence the quarter Rents of laÌ„d 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 informatioÌ„s 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 Farmeâ— If reuenues decay a maÌ„s 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 Prediâ— 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 LaÌ„d and their difference Conuentionary TenaÌ„ts 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 customeroâ— 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 PresentatioÌ„s The word Ward whence takeÌ„ 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 Adâ—ouson Lords Baylie Steward Diocesse hundred c. Market Townes â—â—â—andum Euery Surueyor is to vse his owne method Beauland Manerium Finis 3. po 6. shill. 8 pe TenaÌ„ts must accompany the Surueyor in his peraÌ„bulation A plot of a Mannor necessary vainglorious Artists As instruments are diuers so men diuersely affect them All instruments haue one ground Planimetria Where â—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