Then I perceiue that as many times as I find 160. perches in 400. perches so many acres the péece is and if the ouerplus come to 80. perches it makes halfe an acre more it to forty one roode it is foure perches a day worke and so according to the 〈◊〉 perches it maketh parts of an acre Sur. You take it rightly Bayly Then I diuide 400 by 160. and I find 160. twice in 400 and 80. ouer so it amounts to two acres and a halfe Sur. It is well done but I would haue you obserue a forme in setting downe your quantities for as the parts are foure so set them downe in foure columnes as for example 2-2-0-0 the first is acres the second is roodes the third is day-workes and the fourth perches Bayly I thanke you Sir I pray let vs see some other forme Suruey This forme following is also a square let me see how you will cast it vp Bai. I haue laid the coÌ„passe to the sides as before and by the scale all the sides are tweÌ„ty perches a pâ—â—ce as were y e first 〈◊〉 I find no difference in the quantitie Sur. But you shall find you are in an error for it is not the length oâ— the sides that iustifies the quanâ—titie but the angles must be considered for you see there is great difference betweene the angles of the first figure and the angles of this for the angles of the first are all right angles but this hath two sharpe or acute angles and two blunt or obtuse angles which maketh difference in the quantity though the sides be equall euery way to the former Bay I pray you shew me the reason Sur. Your eye may discerne there is inequalitie in the bignesse of these two but you shall proue it thus the first is a iust square of twenty perches euery way which maketh the Area and content as big as possible like sides may make but this last by benâ—ing two sides makes the 2 angles vnequall to the other and must be measured by drawing a line from the two sharpe angles and then raysing a perpendicular from that base to one of the obtuse equall angles multiply the base which is 34. by halfe the perpendicular 〈…〉 and that maketh in the whole 2-0-0-3 the base and both the perpendiculars being equall Bai. This is almost two parts of an acre lesse then the former And by this reason there may be a peece of land 20. perches euery side that shall not containe aboue two parts of an acre Sur. It is true Bai. I sée in your plot a crooked péece of land to be measured as I take it and I thinke it be the Lords wood called Frith-wood Sur. This is that you see and it is troublesome to measure indeed and without a Geometricall instrument it can very hardly be measured because there are woods about it and the wood it selfe thick of trees and bushes Bai. You haue indéed laid it out in his true forme but it hath so many angles and curuings that I dare not aduenture to measure it vpon your plot I pray what course take you in the casting vp of such a péece of land Sur. The truest course for that it is so irregular is to put it into as many triangles as you coÌ„ueniently may making no more then necessitie requirech and if you can do this you may do any other forme Bai. I pray you shew me the manner Sur. I will make a demonstration vnto you and marke it you see the figure there are contained within this figure 7. triangles and one long square the base of the first triangle is 22. perches the halfe perpendicular thereof is two perches and that containeth 0-1-1-0 The second triangle hath his base 37. perches the halfe perpendicular two and a halfe which maketh 0-2-3-1 The third hath the base 37. the halfe perpendicular 6 which maketh 1-1-5-2 The fourth hath the base 21. the perpendicular 3. maketh 0-1-5-3 The fifth is in the base 12. perp two and a halfe and maketh 0-0-7-2 The sixth base 12. perp 2 maketh 0-0-6-0 The long square 6 in length and 4 in breadth 0-0-6-0 The two last are equall triangles base 8. perp 1. and a halfe 0-0-3-0 All which seuerall summes being added together do amount vnto 3-0-8-0 Bai. But which do you call the base and which the perpendicular lines Sur. The longest line in any triangle is the base and the perpendicular is a line imagined to rise from the base to the obtuse or blunt angle as in the example following Bai. That which is done with prickes you call the perpendicular and the lower line you call the base as in this figure Sur. So it is Bai. But how loe you cast vp the quantity by a triangle thus you cannot as I take iâ— by multiplying the base by the perpendicular find the content for it is by that computation more iteÌ„ indeede the triangle containeth Sur. You say true if you multiply the whole base by the whole perpendicular but you must multiply the one by the halfe of the other Bai. Doe you imagine that the truest measure iâ— by triangles Sur. Yea where you find many angles in one field there are other kinds and manners of measuring but this is speedy and certaine Bai. How if a peece of land lie directly round I thinke you measure it round and then cast it into a square as if the circle be 40 perches round it maketh 10 square Sur. Indeede many vulgar measurers doe vse to measure many sorts of land round and cast the whole into a square which is for the most part false But for a round and circular peece of land you must indeede measure it round and take the halfe of the number of perches for the length then take the semidiamiter namely as many perches as are from the Center to the extreame and multiply the halfe of the circle by the semidiamiter And for a halfe circle multiply halfe the halfe circuit by the Semâ—diamiter and deuide as I shewed you Bay I thanke you Sir I keepe you from your busines yet I pray you let me aske you one question more for my learning how are hils and valleys measured Sur. There is indeede some difficultie in them without great industrie for commonly hills and valleyes lie very irregularly sides heights and depthes very vnequall And therefore to demonstrate any certaine rule for these kind of contents many haue indeuoured to doe to whom as vnto vncertainties I refer you but for such kind of grounds there must speciall diligence be had in bringing them into certaine parts distinguishing the parts by markes and so by degrees to bring these parts into a certaine content generall and that vpon the ground otherwise I see not howe by measuring a whole irregular circuit together as irregular heights or depths and applying the numbers to a generall computation according to the rules of arithmatike a certainty may be procured
12 34  4 ½ 3 4 12 35  4 ½ 1 2 12 36  4 ¼ 3 2 12 37  4 ¼ 1 3 12 38  4 3 5 12 39  4 1 8 12 40  4  Bredth  Length of an Acre Perches broade  Perches long and their parts Feete their parts 41  3 ¾ 2 7 12 42  3 ¾ 1 â…“ 43  3 ½ 3 â— 12 44  3 ½ 2 ¼ 45  3 ½ 11 12 46  3 ¼ 3 7 12 47  3 ¼ 2 ½ 48  3 ¼ 1 â…“ 49  3 ¼ ¼ 50  3 3 1 6 51  3 2 ¼ 52  3 1 ¼ 53  3 â…“ 54  2 ¾ 3 3 12 55  2 ¾ 2 â— 12 56  2 ¾ 1 9 12 57  2 â— 4 11 12 58  2 â— 4 1 6 59  2 ½ 3 5 12 60  2 ½ 2 â…” Bredth  Length of an Acrâ— Perches broade  Perches long and their parts Feete their parts 61  2 ½ 2 1 6 62  2 ½ 1 â…“ 63  2 ½ 2 3 64  2 ½  65  2 ¼ 3 5 12 66  2 ¼ 2 1â— 15 67  2 ¼ 2 ¼ 68  2 ¼ 1 2 3 69  2 ¼ 1 1 6 70  2 ¼ 7 12 71  2 ¼ 1 12 72  2 3 â…” 7â— Â 2 3 ¼ 74  2 2 â…” 75  2 2 2 6 76  2 1 â…” 77  2 1 â…“ 78  2 11 12 79  2 â…“ 80  2  Sur. The vse of this Table is onely to bee required when a man is suddenly to set foorth an acre of land lymited in length or bredth how far it shall extend As for example There is a peece of land containing many acres and there are to be set out of this 1 2 3.4 or more acres First the length must be considered If the length be 77. perches finde that in the first Collum of the Table and right against it you shall finde the bredth to be two perches 1. foot 4. inches which maketh an acre Bay But where you say I shall finde the length in the first Collum of the Table it is in the head of the Collum noted for the bredth Sur. It is so in deed for that Collum may bee reputed to containe both the length and bredth Bay How can that be Sur. Vntill the bredth do exceed the length it may be saide the Collum of bredth But when the bredth surmounteth the length the length may be said the bredth Bay I vnderstand you reason will obserue that without serious instruction But this Table I see extendeth but to the length and bredth of one acre if a man bee occasioned to lay out more he is as farre to seeke as if he had no Table at all Sur. Not so for if you obserue it you are to double treble or quadreble the length or bredth as you haue occasion As for example If you would lay out 3. Acres and admit your length be 48. perches which to make one Acre is to haue in bredth 3. perches and a quarter 1. foote and foure inches which three perches ¼ 1. foote and â…“ being taken three times make nine perches ¾ and foure foote And thus of length and bredth how many Acres so euer are to be set out Bay I see in déed this Table may serue by due obseruation for the laying out of any quantitie But now Sir there is one thing which wil breed some difficulty for the difference of the quantities of Acres is great in diuers Countries by the custome of the Countryes for by the custome of some Countryes their measure is 24. foote to the Pole in some 20. in some 18. and yet the statute alloweth onely 16 ½ foote Sur. You say truely Yet when a Surueyor vndertaketh to lay out the land in any of these he is to measure it by the standard chaine that is by the chaine of 16 ½ foote Bay But the Country people peraduenture will be obstinate will haue the custome measure because they will haue the content of their land seeme the lesse and so shall they rent their ground the more easily hauing it by the greater measure Sur. That is but a conceit that they shal haue it the cheaper for admit that an acre were as big as the Cornish acre neere 140. statute Acres will any man thinke a Lord or his officers so simple as to grant the same because it hath but the name of an acre as he would let the statute Acre It is nothing to the Lord what measure they take for he must will apportion the price according to the quantity and qualitie bee the Acre great or little Bay But woods are alwayes measured with the Pole of 18. foote Sur. It is as the Buyer and Seller agreeth for there is no such matter decreed by any statute neither is any bound of necessitie Bay Why is it then in vse 〈…〉 Sur. I take it 〈…〉 they are they that are thus measured for 〈◊〉 they haue in many places sundry void places gâ—lles wherein groweth little or no wood or very thin And to supply these defects the buyer claymeth this supply by measure Bay The difference is but a foote and ½ in a pole which is nothing Sur. Yes it is some thing for in euery 5 ½ Acre it gayneth aboue an Acre Bay So might I haue béene deceiued For truely I did not thinke it had gotten so much But I pray whence is the word Acre deriued Sur. As I take it from the Latine word Actus A deede a dayes worke of a plowe in tilling the ground Bay It may be so For a plow will ayre an Acre a day Sur. We reade in 1. Sam. 14.14 that halfe an Acre of land was as much as 2. oxen could plow And that is it which the Burgundians others in France doe call Iournaux which I take is as much as Ingerum in Latine which containeth as much as two Oxen or Horse can till in a day in length 240. foote and in bredth 120. which seemeth neere to agree with our Acre Bay We haue 4. or 5. horses or 2 or 3. yoke of Oxen to till an Acre a day where the former Ingerum hath but 2. But the French haue another kinde of Acre which they call an Arpent which amongst them differeth in quantity as ours doe differ in seuerall kindes of Poles And their Arpent is 100. Pole howsoeuer the Poles do differ One Pole they haue which containeth 22. foote and that is called The Kings Arpent and vsed most in measuring of 〈◊〉 another of 20 foote another of 19 â…“ foote another of 18. foote So that in dâ—â—de their Arpent doth little differ in his seuerall quantitie from our Acre Sur. I obserue one thing by the way because you speake of the Kings Arpent in France and other measures there I haue seene in ancient
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
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
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
the land cannot inherit 〈◊〉 hareditario but by conueyance Neither if he purchase land in his owne name can any inherite it after him of his supposed bloud vnlesse he be maried and haue children lawfully begotten to inherite Because it is contra formam Ecclesia as appeareth more at large Merton cap. 9. For a Bastard is no mans or euery mans sonne 7 What Demeysne lands hath the Lord within or belonging to this MaÌ„nor what how much woods vnderwoods medow pasture arable moores marshes heathes wastes or sheepe walkes And what is euery kind woorth yeerely by acre how many sheepe may the Lord keepe vpon his walke winter and sommer and what is a sheepe-gate woorth by yeere and what is euery acre of wood woorth to be sold Although this Article and sundry other hereafter mentioned be in substance enacted by a Statute made Anno g. Ed. 1. called extenta Mannerii to be inquired of by the tenants yet it is the part and office of a Surueyor to see examine iudge by his own experience knowledge euery particular comparing the Iuries presentment with his own opinion so shall he more truly attaine to the true vnderstanding of the things he seeketh and the more if he discreetly feele the minds of forraine inhabitants that are ignorant of the cause of his inquisition 8 What demeisne Lands hath the Lord lying in the common fields of the Mannor howe much in euery field and euery furlong And what is an acre of field arable land worth by yeere The like you are to present touching demeisne meddow lying in any common meddow within the Mannor 9 Also you are to present the names of all your common fields and howe many furlongs are in euery field and their names and the common meddowes and their names And what beasts and sheepe euerie Tenant ought to keepe vpon the same when the corne and hay is off And what a beast gate and sheep gate is worth by yeere Also at what time your field and common meddowes are layd open and howe are they or ought to be vsed And whether is it lawfull for the Tenants to inclose 〈◊〉 part of their common fields or meddowes without the licence of the Lord and consent of the Tenants This Article is duly to bee considered first in setting downe in certainty what euery man is to keepe vpon the fields and common meddowes because iniury is daily done by some of greatest abilitie to the meaner sort in oppressing the fields with a greater number of Cattle then according to a true proportion will fall vnto their share which is very eâ—tortion and a punnishment is to be inflicted vpon the offenders Also inclosures of common fields or meddowes in part by such as are most powerfull and mighty without the Lords licence and the Tenants 〈◊〉 is more then may be permitted the reason is that the rest of the Tenants loue 〈◊〉 much right 〈…〉 the same when the corne is off as he hath that encloseth the same Bayly But Sir if they lay it open at Lammas or at such time as custome requireth I think he doth neither Lord nor tenants wrong Sur. Yes for first be depriueth theÌ„ both of the feed of as much as his hedges ditches and enclosures take besides whether is it as conuenient for passe and repasse for cattle at one little gappe or two as when there is no estoâ—ell at all Bayly You like not enclosures then Sur. I do and I thinke it the most beneficiall course that tenants can take to increase their abilities for one acre inclosed is woorth one and a halfe in Common if the ground be fitting thereto But that it should be generall and that Lords should not depopulate by vsurping inclosures 10 What Commons are there within the Lordship which do properly belong to the Lord and tenants of this Mannor and how are the tenants stinted whether by the yard-land plow-land oxegang acres or rent how many may euery tenant keepe after either proportion or rate In this the like consideration is to be had as of the former but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica forraine herbage or pasture because no part of it is proper in any sort to any peculiar tenaÌ„t no not to the Lord himselfe as are the common fields coÌ„mon meddowes This kind of Common or pastura forinsica is in three sorts the one is where a Mannor or towne-ship hauing and holding their land in seueraltie haue by consent lymited a certaine parcell of ground to lie common among them and from the beginning haue stinted euery man according to a proportion betweene them agreed and that is commonly by the acre which the pasture containeth Another maner of such kind of common pasture is where certain waste grouÌ„ds one two or more lie within the MaÌ„nor or township and the Heard of the whole Towne is guided and kept by one appointed by the Tenants and at their generall charge to followe their Cattle in which kind of pasture there is also a limitation or stint both of the number and kinds of Cattle A third kind of this pasture or common feeding is in the Lords own woods that lie common to the Tenants as also common Moores or heathes that were neuer arable In all the former coÌ„mons of pasture there should bee a certaine stint and allotment both to the Lord and his Tenants but in this latter it seemeth that the Lord should not be limited because all these latter commons are supposed his owne and the Tenants haue no certaine parcell thereof layd to their holdings but only bit of mouth with their Cattle But the Tenants ought to bee stinted in all sorts of common lest as I sayd before the rich deuour the poore for the one can prouide sheepe and other Cattle for the summer and haue inclosed pasture for the winter or can sell againe when the forraine pasture is gone but the poore cannot doe so 11 Whether hath any man to your knowledges incroched any part of the Lords waste by inclosure or adding any part thereof to his owne land present who hath so done where how much and how long it hath continued This kind of incrochment is not rare especially where great wastes and mountanous grounds are where the Lord nor his officers walke not often and where Tenants for fauour or affection will wincke at euill doers or for their owne priuate lucre commit the same error themselues with hedges ditches pales walls shed is c. 12 Whether hath the Lord any Parke or demeisne wood which by stocking may turne to the Lords better benefite by pasture Arable or meddowe and what is an acre worth one with another the stocking and how many acres is the wood and what will an acre of the wood be woorth and what will an acre of land be worth by the yeere to be let when the ground is stocked
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
pence is fortie pence and forty Perches one Roode one hundred thréescore pence make thirtéene shillings and foure pence or a Marke of money and one hundred and thrée score Perches one Acre So that twenty pound makes thirtie Acres fortie pound threescore Acres a hundred pound one hundred and fiftie Acres and so forth But this kinde of casting is troublesome when it riseth to great portions and many parcels And therefore for my part I could willingly imbrace these tables for my ease and leaue this accompt by money vnto such as haue not the vse of learning to ayde their memories Sur. I haue obserued that many vnlearned men haue better and more retentiue memories then haue some Schollers Bay So haue I noted and I know some that will by memorie do very much and no doubt the reason is because Schollers doe commit their memories to the pen where such as haue not the vse of the pen must vse the memorie only which being fed with continuall pondering the things they delight in becomes as a Calender of their accounts King Cirus could name al his souldiers by memory And Pliny reporteth of Methridates that hauing vnder his gouernment 22. kingdomes or nations could speake all their languages and vnderstand any tongue without an interpreter And Scipio could remember the names of the soldiours of all the Romane armie Sur. Vse memory haue the vse of memory either Schollers or vnlearned if they vse not their memories they caÌ„ make little vse of their memories On the other side he that imprinteth too many things in his memory shal some haue ofteÌ„times wished they could not remember so well that they had the art of forgetting to cleare the memory of y t they would not retaine in memory for many tâ—mes a fresh free memorie heapeth vp so many things in his thought that it breedeth such coÌ„fusion that what it should indeed retaine is ofteÌ„ coÌ„founded with that which it would forget Bay I wish therefore that my memorie could retaine according to occasion to forget things whereof I haue no necessarie vse and to remember things expedient yet surely although the thought can apprehend but one obiect at one instant the memorie may well apprehend and retaine many things But Sir omitting this I entreat you to shewe mee the vse of these Tables which you haue shewed me Sur. The vse is very plain easie propouÌ„d you a nuÌ„ber of perches the leÌ„gth bredth of a grouÌ„d Bay If a péece of ground be in length fiftie two Perches and in bredth twenty sixe where and how shall I finde the content in the Tables Sur. Looke the third Table the fourth part of the Table in the vpper ranke whereof in the third Collum you shall finde 52. then looke in the first Collum for 26. then referre your finger and eye towards the right hand till you come right vnder 52. and that square answeres the content to be thus Bay What meane you by making the figures in the angles of the square Sur. Because the 4. angles doe demonstrate the acres parts of an acre The vpper angle on the left hand sheweth the Acres the vpper angle on the right hand the roodes the lower angle on the left hand the day works and the lower angle on the right hand the odde perches Bay This is very easie But I sée there are no figures in the 2. angles on the right hand neither aboue nor below Sur. When it falleth so out that there are none of the denominations found in the number then his place is left blanke Bay Then this abouesaid quantitie is 8. acre and 5. day-works which is twenty perches and twenty perches is ½ Roode Sur. You are right Bay Then if the number of perches bee lesse I must seeke them in the lesser Tables if greater in the greater Sur. You must do so Bay Yet there resteth one scruple in my mind which if it should happen before I bee resolued would breed a great doubt and therefore I am bold to aske it That is if the length of a ground be more perches then is expressed in any of the Tables how shall I find it when no Table reacheth so farre Sur. You doe well to cast all doubts If the length be more then the tables will yeeld whereof indeed the most is foure score perches Take first 80. perches out of the whole summe and then seeking the bredth in the Table as before is shewed you shall finde the content of that part Then if the bredth be more then the remanent of the length let the bredth bee the length and the remanent of the length the bredth And seeke them likewise in the Tables and what ariseth of both the numbers adde together As for example A ground is 119. perches in length and 67. in bredth the whole length is not in the Tables to bee found then I find 80. and that is the length and 67. the bredth which the Table sheweth to be 33-2-0-0 There remaineth of the whole length 39. which is a lesser number then the bredth therefore I make 39. the bredth and 67. the length which the Table sheweth to bee 16. 1-3-1 which added to the first number 33-2-0-0 maketh in the whole 49-3-3-1 Bay I sée this Table will serue for the finding of the quantitie of any summe and I doe vnderstand it well But I pray you what Table is that you haue here Sur. A necessarie Table for some purposes It sheweth how to lay out a iust Acre of land the length or bredth being giuen Bay Indéede it is a necessarie Table for euery man can not vpon the suddaine for I take it is very hard without Arithmeticke to lay out a iust acre to euery length or bredth Sur. This can indeed hardly be done by gesse it requireth arte Bay This is the Table I pray you shew me the vse of it Bredth  Length of an Acre Perches broade  Perches long and their parts Feete their parts 1  160  2  80  3  53 ¼ 1 ½ 4  40  5  32  6  26 ½ 3 7  22 ¾ 1 11 12 8  20  9  17 ¾ 6 10  16  11  14 ½ 9 12  13 ¼ 1 ½ 13  12 ¼ 1 14  11 ¼ 3 15  10 ½ 3 16  10  17  9 ¼ 2 â— 12 18  8 ¾ 1 19  8 ¼ 3 20  8  Bredth  Length of an Acre Perches broad  Perches long their parts Feete their parts 21  7 ½ 2 2 12 22  7 ¼ â— 12 23  6 ¾ 3 2 12 24  6 ½ 2 8 12 25  6 ¼ 2 6 12 26  6 2 7 12 27  5 ¾ 3 28  5 ½ 3 29  5 ½ 4 12 30  5 ¼ 4 12 31  5 2 7 12 32  5  33  4 ¾ 1 8
Records and bookes of Suruey of great antiquitie which doe shewe that the Lords demeisnes were measured with a Pole of 20. foote which was called maior mensura the customary by a Pole called mensura minor which I take to bee but 16 8 2 foote though in some places the Tenants claime the 18. foote Pole Bay Then let me aske you another question You shall shortly come into a Mannor of my Land-lords where the Copyes doe speake of an Acre ware or warr which I neuer could finde or heare what it truely meant nor what quantity it containeth But the Tenants make good vse in their conceites of the name for vnder that title they will carry away 2.3.6.10 Acres though they lie in 20. parcels it is all but an Acre warr and yet I haue séene some vnder that title not 3. Roodes of ordinary measure Howe comes it to passe thinke you Sur. To speake truely I cannot precisely tell you for I haue seene the like especially in Suff. Norff. and Essex But as I coniecture it is a measured acre as an Acre by warrant Acre warre an approued Acre and the true sence being lost by time they make it like a finger of waxe to drawe it more or lesse as will best serue their purpose Bay I haue also séene Land vnder the name of Molland and I haue heard much disputation about the etimon of the word Some holde it to be de Mollendo of custome grinding at the Lords mill Some otherwise and leaue it vncertaine Sur. There is no difficultie in it for Molland is vp-land or high ground and the contrary is Fenland low grouÌ„d a matter ordinary where they vse to distinguish betweene these two kindes But we will leaue these ambiguous words and so take my leaue and betake me to my taske Bay Sir I will not be troublesome vnto you onely when you haue cast vp your particulars and finished your businesse of this Suruey I wil bee bold to trouble you againe to sée what euery man holdeth and the value both of the customary leased lands and the Lords demaynes May I be so bold Sur. It is a thing which I seldome consent vnto for I must tell you this he is no true Surueyor for the Lord that will make the same knowne to strangers I haue vndertaken the busines for the Lord not for strangers And as he putteth me in trust so will I bee secret in these things therefore I pray you in this pardon me Bay You shewe me reason and I was too rash But by your leaue how shall the Iurie giue their allowance to your doings as you say you will acquaint them with them vnlesse you deliuer euery particular playnly Sur. You must thinke there are some things which may be publique as the names of grounds the owners their estates buts bouÌ„ds such like their answers to the Articles And some things priuate to be concealed as the quantities and supposed yeerely values These are for the Lord. Bay I thought I should haue seene the whole method of your collections and obseruations to the end that seeing I haue waded thus farre into the Art I might be somewhat instructed how to haue marshialed and ingrossed my Booke when such a worke were done Sur. Euery man in that case may vse his owne method yet if you bee desirous to see an exact course in that kinde I must referre you to the most commendable worke of Master Valentine Leigh whom in that if you imitate you shal tread the right way to the marke Bay Then I shall onely remaâ—â—â— thankefull vnto you for your patience and puynâ—â— and bee studious euermore to doe you any seruice Sur. I thanke you I haue a desire to haue some communication with you when I haue past ouer this little worke in hand Bay Willingly Sir I will giue my diligent attendance But I pray you Sir in what especially do you purpose to conferre wiâ—h me to pose me I feare whether I haue forgotten that you taught me Sur. Not so but you being Bayly of this Mannor about which I haue as you see taken a serious perambulation haue not as I perswade me bene so carefull prouident for the Lords profit as you may for there bee diuers grounds which good and industrious husbandry would be much bettered as I will tell you further at our next leasurable meeting For this time fare you well The end of the fourth Booke The Surueyors Dialogue shewing the different natures of grounds how they may be imployed how they may be bettered reformed and amended The fifth Booke Bai. I Perceiue Sir you are now at some leasure you are walking abroad to take the ayre after your long and tedious sitting I thinke indéed you are wearie Sur. I am somewhat wearie but a man that vndertaketh a businesse must apply it and not be wearie or at least not to seeme to be so Bai. But me thinkes you apply it too hard you might sometimes ease you and giue your selfe to some game for recreation Sur. They that are idle may take their pleasures in gaming but such as are called to liue by their labors and haue a delight therin as all men ought take pleasure and thinke it a pleasing sport to get meanes by their lawfull labors to liue Bai. You say truth indéed for the old Prouerbe is Dulcis labor cum lucro But I pray you whither walke you Sur. Into this next peece of ground Bai. Nay it is an ill ground to walke in for it is full of bogges a very moorish plot ouercome with wéedes and indeed is of no vse Sur. I therefore go to see it and worthily to attach you the Lords Baily of remisnesse negligent looking vnto the Lords profit suffering such a peece of ground as this to lye idle and waste and to foster nothing but bogges Sedges Flagges Rushes and such superfluous and noysome weedes where if it were duly drained and carefully husbanded it would make good meddow in short time Bayly I thinke that impossible for there be many such plots you see in this leuell and in many mens occupations and some of them thinke themselues good husbands I can tell you and they sée that it is a matter of difficulty and charge and therfore they thinke and so do I that it is to no purpose to begin to amend it Sur. I thinke they haue more land then they or you haue experience how to conuert to best vse they their owne and you your Lords Bayly If you be so skilfull I pray tell me for the Lords profite how it may be amended Sur. If you be ignorant how to amend it and simply desire to learne it were a fault in me to conceale from you the meanes how to do it But if you be carelesse or wilfull it were good to leaue you in your ignorance and to informe the Lord of your vnfitnesse that a more skilfull might take the place Bayly
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
the scale Quick conceitâ— soone forget The names of all particulars are to be set downe Confâ—â—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 coÌ„sidered To note speciall places of profit A good Water-Mill an ornament to a Mannor Not good for a Lord to alâ—â—n his Custome-Mill Humor and Necessitie two Emperors opposite Cottages on the waste Thâ— Iury must subscribe their verdict The parts of an acre Peeces of equall sides may make vnequall quantities How to cast â—p a triangle Base perpendicular quid Base and perpendicular questions The base multâ—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 â—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 Aldâ—r necessary for many purposes Necessity a coÌ„mander Alder good to make piles Firre tree lien in the ground since the floud Alder hath no seede Meddowes Pratum quasi semper paratuÌ„ 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 â—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 constrainâ— Middlesex stocking The vse of firing necessarie A commoditie present should not depriue future times of a better DepopulatioÌ„ 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 DeuoÌ„shiring 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 husbaÌ„dry 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 Fâ—ures Quick set hedges of Furse Fences of Turffes and Stones Hay boot what it is Hedge boote and hay boot the differeÌ„ce 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