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
and if by age or impotencie the Tenant be disabled in person to performe his seruice to craue dispensation or to do it by another and if the Lord be farre off and can not be present to substitute one to receiue it for him But Sir in all your discourse I haue obserued you haue pleaded as it were for the Lord against the Tenants exacting sundry dutyes from them to their Lords but I haue not heard you speake much against the Lords in fauour of the Tenants and yet I know there is a kind of reciprocall bond of duty each to the other and may be broken of either side Sur. It is very true for as children are bound to their parents by the bond of obedience so are the parents bound to the children by the bond of education and as seruants are bound to their masters in the bond of true seruice so are the masters bound to their seruants in the bond of reward In like maner Tenants being bound vnto their Lords in the bond of duty so are Lords bound vnto their Tenants in the bond of loue and though I haue sayd little at this time of the duty of Lords to their Tenants the occasion hath not bin offered at this time Farm I trust you haue sayd enough concerning the duty of Tenants for they can but pay rent and do seruice more can not be exacted Sur. Yet rent and seruices are diuers and diuersly answered and done which I could be content to shew you more at large but that yonder comes a Gentleman that will interrupt vs know you what he is Far. I will tell you by and by as he comes néere Oh Sir it is my Landlord a man of great possessions Lord of many Mannors and owner of diuers Farmes who hath béen inquisitiue for a man of your profession but to tell you truly I altogether disswaded him before this time but now hauing heard your reasons I will solicit him for your imployment and I would wish you might vndertake first the Mannor wherein I dwell Sur. At his disposition and pleasure be it and so for this time I leaue you The end of the first Booke The Surueyors Dialogue betweene the Lord of a Mannor and a Surueyor wherein is intreated of the state of a Mannor of the parts and profits thereunto belonging and how the Lord of a Mannor ought to deale with his Tenants The second Booke Lord. FRiend of late I met with a Tenant of mine who told me you are a Surueyor of Land Surueyor I haue beene and am sometimes imployd in that kind of seruice Lord. I haue at this time some occasion to vse the ayd of one of your faculty and I haue heard by my Tenant that your skill and diligence may satisfie my desire therein Surueyor I shall do mine endeuour wherein you please to commaund me Lord. There bée many I know that beaâ—e the name of Surueyors but when they are put to it they come far short of some principall poynts required in the absolute performance of the worke and eyther leaue it halfe done or so shuffle it vp as the Lord is abused and the Tenants wronged by the blind and vncertaine returnes of the Surueyors trauailes for a Lord of a Mannor knoweth not but by such as he vseth therein the estate of things and how the particulars stand betwéene the Lord and his Tenants If the Lord of the Mannor haue neuer so good a mind to deale well with his Tenants and the Tenants be neuer so inclinable to do true duty to their Lord they may be both misled by an vnskilfull Surueyor to the vniust condemnation or suspition of both And therefore I thinke it behoueth men of worth that haue vse of such as you are to be well assured of the skill and ability which you pretend to haue in your profession and because I haue no further experience of you then the bare report of my Tenant I must intreate you to discourse vnto me a little of your knowledge of such particulars as are to be considered in the absolute suruey of a Mannor Surueyor Sir you seeme to oppose me farre and the thing you demaund will require a longer time and a larger discourse then either my leysure or peraduenture my present memory of euery particular will readily permit And it may be that you that pretend little knowledge in the arte may apprehend both the truth of the thing and an error committed in the performance as well as he that assumeth the title of a Surueyor although neither your leysure nor your quality may in reason permit you the trauaile in it for I know many Gentlemen of good woorth that haue the speculatiue parts of the whole and the practick of the deepest and yet they will not be seene to tread that path that a Surueyor is forced to do in the whole businesse You haue the matter and subiect whereon a Surueyor worketh and without which a Surueyor loseth both arte and name and therefore you cannot be altogether ignorant of the things required in the businesse as the Master of a feast can not dresse the dainties but the Cooke yet can the Master reproue the Cooke if he do not his duty therein Lord. Thou sayst true in thy comparison but for my part although 〈◊〉 I haue Land and I know how many Mannors I haue their names and where they lye and the most of my Tenants and theyr rents and if you should erre in these it may be I might be able to reprooue you yet for matters of farther search I assume not to be skilfull foâ— then I néeded not yoâ—r seruice as of quantities qualities values validities of estates tenures customes and other things incident to a Mannor which are not in all Mannors alike the true discouery whereof belongeth to the Surueyors offâ—ce yet none but such as are truly skilfull can sufficiently discharge the duty héerein required and therefore by your leaue you shall briefly I will not be tedious relate vnto me what you can say of the defâ—nition of a Mannor whereof it consisteth how when and by whom it was erected with other such things as shall be expedient for the Lord of a Mannor to know the particulars whereof I will leaue to your relatâ—on and first tell me What a Mannor is Suruey Sith you will needs diue into my poore skill by your opposall and sith indeed I do in some measure professe the arte wherein I thinke no man is or hath bene so exquisit but hee might erre in some poynt or part much or little as in other artes yet to answere your demaunds I will as briefly as I can satisfye your desire And first where you demaund what a Mannor is A Mannor in substance is of Lands Wood Meddow Pasture and Arable It is compounded of demesnes and seruices of long continuance As touching the beginning of a Mannor and the institution thereof the beginning of Mannors was when the
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
ran in place of the seruice Sur. The case is not alike for the annuity was not parcell of the Mannor neither can it be by such meanes as you propound by the way of Mortgage But in another sort it may as if a Mannor be to be diuided into sundry parts and because the parts fall out vnequall in value there must a rent or annuity be apportioned to make vp the value which rent becomes parcell of the Mannor Lord. If the Mannor be diuided as you say and a rent allotted to one part how can the rent be parcell of the Mannor forasmuch as in my vnderstanding the Mannor becommeth by this partition to be no Mannor for if there can be no addition to a Mannor there can be no diuision of a Mannor and yet the Mannor to continue still a Mannor Sur. Yes Sir of one Mannor may be made diuers at this day Lord. How I pray you Sur. If a Mannor descend to diuers partners and they make partition and euery one hath demeisnes and seruices euery one hath a Mannor and euery one may keepe a Court Baron Lord. What if a man make a feoffement vpon conditions of parcell of his Mannor or do graunt a Lease to another for life of part or do intayle part are not these parts still parcels of the Mannor Sur. If parcels of a Mannor be once thus seuered they immediatly become no parcels thereof yet may they all reuert and become parcels of the Mannor againe as if the condition of the feoffement be broken if the Tenant for life dye or the limitation of the entayle discontinue for want of heires Lord. Then a man may say that though such Land be not yet the reuersions are parcels of the Mannors Sur. So it is intended Lord. Well you haue reasonably well satisfied me in these poynts yet would I gladly haue some further satisfaction of some other matters touching the state and profits of a Mannor Sur. I would be willing to do my best to content you but you partly hinder me of other businesse What else would you know I wish breuity Lord. It shall be so neither shall you lose your labour for I meane to vse you if my future satisfactâ—on be answerable to this former May euery Mannor kéepe a Court Baron Sur. Euery Mannor in the beginning no doubt might keepe a Court Baron and so it may at this day vnlesse the Mannor be so dismembred as it wanteth that which may warrant the keeping thereof for if all the freeholders of a Mannor do escheat or all but one the Mannor is then disabled to keepe a Court Baron for the Court cannot be kept without suters which are the freeholders Lord. Then me thinks the Mannor loseth the name of a Mannor for if it lose the quality it is not the thing no more then a logge that had fire can be sayd a fire-logge when the fire is extinct Sur. It is true it becomes no Mannor but a Seignorâ— hauing no power to keepe a Court-Baron Lord. An ignorant Surueyor I sée may be easily deceyued in terming that which is no Mannor a Mannor and that no Mannor which indéede is a Mannor But satisfie me in this one thing A man hauing two Mannors lying together and the one of them is decayd and hath lost his power to kéepe a Court Baron and the Lord is willing to haue the Tenants of both these Mannors to do their suites and seruices to one Court namely to that which standeth yet in force and that me thinks were good for the Tenants to ease them and it would preserue the Lords right without preiudice to any for then one homage would serue both and both serue as one one Bayly and other officers as if it were an future Mannor Sur. Yet this can not bee for this vnion of the Mannors can not extinguish theyr seuerall distinctions for they will be still two in nature howsoeuer the Lord couet to make them one in name and the more powerfull Mannor hath no warrant to call the Tenants of the decayd Seignory but euery act done in one to punish an offendor in the other is trauersable and therefore it is but lost labour to practise any such vnion if it be considered by such as are forced to seruice in this kind they may refuse it yet if they will voluntarily submit themselues to such a nouation and the same be continued without contradiction time may make this vnion perfect and of two distinct Mannors in nature make one in name vse and I do not thinke but such there are Lord. Then is there as it séemeth no meane to annere two Mannors in one howsoeuer necessary it were both for the Lord and Tenants Sur. Yes Sir two Mannors may become as one if one Mannor do hold of another and it escheat to the Lord the escheated Mannor may be annexed and vnited and of two distinct Mannors become one if the Lord will in vse Lord. I am answered in this poynt and it standeth with more reason indéed then the former now I pray you tell me what things do properly belong to a Mannor Sur. There do belong to a Mannor Lands Tenements rents and seruices as I shewed you before in part which are a parcell in demeisne and parcell in seruice Lord. But speake I pray you something more at large of euery of these and first tell me what demeisnes are Sur. Demeisnes are all such Lands as haue bin time out of the memory of man vsed and occupied in the Lords owne hands and manurance as the site of the Mannor house Meddowes Pastures Woods and arable land that were reserued for the maintenance of the Lords house from the beginning Lord. This then is that you call parcell in demeisne what is that you call parcell in seruice Sur. All those lands tenements and hereditaments which yeeld rents of Assize as rents of freehold copyhold or customary land all which are parcell of the Mannor yet no demeisnes Lord. But are not all customary land copyhold land why then make you a distinction betwéene copy and customary Sur. All copy hold Land is commonly customary but all customary is not copyhold for in some places of this Realme Tenants haue no copyes at all of their Lands or Tenements or any thing to shew for that they hold but there is an entry made in the Couâ—t-booke and that is their euidence and this especially of the ancient Duchy land of Cornewall and other places Lord. These Tenants then may be called Tenants by Court-roll according to the custome of the Mannor but not Tenants by copy of Court-roll Sur. It is true but they are held only a kinde of conuentionary Tenants whom the custome of the Mannor doth onely call to do their seruices at the Court as other customary Tenants do Lord. The word conuenire where of they be called conuentionary doth as I conceiue import as much as to call together or
debitiet de iure consuet And because some of you doe not perchance vnderstand the meaning of the words thus they signifie that you are to hold your Tenements to you and your heires c. For such rent and doing such seruices as haue beene heeretofore due of right accustomed Is not this a condition for if you pay not the rent or denie the seruice you are at the Lords mercy to be compelled I doe not thinke therefore that any of you of any discretion will aduenture the losse of his intrest for not performing a seruice at his Lords commaund that tendeth also to his owne benefite and to no preiudice at all The end therefore of all mine admonition is to mooue you being a thing of common right to shewe your selues like vnto your selues true and faithfull Tenants vnto the Lord concurring all in one minde to doe the Lord this seruice in loue and the Lord no doubt will recompence it with like fauour although there be no recompence due for that which dutie bindeth to be done By this meanes you shal confirme your owne strengths by gaining retaining the Lords kind countenāce and he againe shall bee the more fortified by your true affections towards him for what a ioyfull thing is it for Lord and Tenant to dwell together in vnitie Now hauing thus prepared you to attention vnto the matters of your charge I will heere reade explaine vnto you such Articles as shall be for your instruction and leaue them with you in writing for your better memorie for I know and haue often found that a bare deliuerie of many words and of diuers things as in the charges commonly giuen in Courts Baron and leet◠euen to cares well prepared may be little effectuall lesse to him that heareth and regardeth not but least of all to him that will not heare at all Such hearers there are of diuine things but many more of humane of this kind but were they matters of carnall pleasure delight they would be both heard and practised And therfore I the more moue you to attend vnto the things which I now am to deliuer vnto you The substance of the charge of a Court of Suruey contained in the Articles following 1 First as no doubt you all know that A. B. Knight the reputed Lord of this Mannor is the true vndoubted owner of the same and of all the lands meddowes pastures and other hereditaments within and belonging to the same And that you and euery of you do hold your lands belonging vnto this Mannor of him if not who hath the interest and right of the same to your knowledges 2 You shall duly and diligently set downe or shew vnto the Surueyor in his perambulation of the Mannor all the circuit buttes bounds and limits of the same and vpon what and whose Mānors Lordships lands and parishes it bordereth on all partes And whether any confining Lord or his tenants do any where intrude or incroche vpon this Mannor where it is by whom how much is so incroched As for the bounding of the Mannor it is fittest to be deliuered vnto the Surueyor when he treades the circuit that the best experienced tenants accompany him for information and some of the youth that they may learne to know the bounds in times to come 3 Whether there be any other Mannor or Mānors lying within the limits or circuit or extending in part into this Mannor what are the names of the Manners and who are owners of them how they are distinguished from this Mannor And whether this Mannor do any way extend into or lye within any other Mannor It is often seene that one Mannor lyeth within another and intermixed one with another in such sort as the true circuits buttes and bounds become confounded necessarie therefore it is that their distinctions should be carefully obserued and recorded for oftentimes one is deuoured or otherwise iniured by the other when Lords are remisse and Tenants carelesse to bring that to certainty which is or may become doubtfull 4 What Freeholders there are within or doe belong vnto and hold their land of this Mannor what are their names what land hold they what rent pay they by what tenure doe they hold and what seruices owe they to the Lord The negligence of Lords in the due continuance of the substance of this Article hath bred preiudice to many for where Freeholders dwell out of the Mannors whereof they hold and pay vnto their Lords but a small acknowledgement as a rose a pepper corne a Ielsoflower or some such trifle or are to doe some seruice at times whereof in manie yeeres hath beene no vse they haue not beene looked for neither haue their sutes beene continued for long time insomuch as they and their tenures haue growne out of memorie and their seruices out of vse and other Lords haue intitled themselues to the land and the right Lord lost all possibilities of estate wards marriage c. As cōmon experience maketh more plaine by the daily questions and sutes which rise when profits apparent may growe by any of the former casualties And therfore it is most necessary to haue alwaies a true sute roll whereby the Steward should euery Court call the Freesuters by name to expresse what rent he should pay and what seruices he ought to do that at the death of euery suter his heire with the land rent and seruices would be inserted in his steade The profit that will hereby grow vnto the Lord and tenants is manifest and this roll is to be made by the Surueyor and to be indented the one for the Lord the other for the tenants vpō view of euery Freeholders land 5 Whether you know that any Free-holder within or belonging to this Mannor hath committed any felonie or treason and hath bene thereof conuicted the Lord not yet hauing the benefit of the forfeiture or whether hath any such tenant died without heire generall or speciall If so who hath the present vse and possession of the land and by what right what land is it where lyeth it how much in quantitie and of what value It is a great defect in the Suruey of a Mannor which remaineth to posterities being inrolled or ingrossed for perpetuall memorie when the Suruey or doth superficially passe ouer the obseruation of the lands of euery Free-holder their tenures quantitie of land the place where it lyeth the rent and seruices For vpon sundrie necessary occasions the Lord is to seeke in euery of these and some are worthie because they loue not to be at charge to find out and continue that which is not presently profitable 6 Whether doth any Bastard hold any land belonging to this Mannor as heire vnto any what is his name what land is it and where lyeth it and what is it yearely worth A Bastard though he be knowne to be the son of that father that leaueth him
and cleared Although it be the part of the Iurie to yeeld their opinions in this case yet it behooueth the Surueyor to haue so much iudgement in euery of these points as hee may be able to satisfie himselfe and his Lord by sufficient reasons lest hee be deceiued and the Lord abused either through ignorance or parciality And aboue all it behooueth the Surueyor to looke into the nature of the soile of the wood for there are some wood grounds that are good for no other vse as a drie or cold grauelly ground whose vertue and disposition may be easely obserued by the herbage 13 Also you must present the names of all customarie Tenants within or belonging vnto the Mannor what mesuages Tenements or lands they hold what euery mesuage or Tenement is called what rent it payeth and what profit ariseth to the Lord by the death of any such customarie Tenant or by the death of any freeholder by fine heriot or reliefe by the cuâ—tome of the Mannor CoÌ„monly these customary tenants vpon death alienatioÌ„ do pay a fine which in som places is certain in some euen in the most they are at the Lords will and in most places they are also heriotable Bayly In this maner there be some customary tenants heriotable and some not how comes that can there be two custoâ—â— in one Mannor Sur. There may be so And the reason may grow by the escheating of a Mannor that had in this point a contrary custome to the Mannor to which it was escheated and annexed and so the customes of either may hold vnder one Court Bayly Your reason in good and I take it it may also be that these that pay no heriots are tenements of a newer erection so vpon their first grants the heriots were omitted Sur. That is not so likely for that if any such new erections were they were granted in such forme as other tenements with these words HabinduÌ„ c. ad voluntatem Dom. secundum consuet Manerii which words do imply all duties seruices which the most ancient tenements are bound vnto There is also a copy-hold estate called ancient demeisne the tenaÌ„ts Sâ—kemains wherof some are of frank-tenemeÌ„t some of base tenure Tenants of Base tenure are they that hold by verge at the will of the Lord the Franktenement therof is in the Lord. It is to be noted that Copy-hold lands are very ancient before the Conquest in the Saxons time who called this kind of land Folkland and their Charter lands were called Bokeland 14 How doth the Customary land of this Mannor by your custome descend after the death of an Auncestor to the younger or elder sonne And whether will the custome of the Mannor allow an intaile by copie and whether doth it beare widowes estate or whether may she haue it during her life though she marry and whether may a man hold by the curtesie Sundrie differences there are in sundrie Mannors touching the substance of this Article The custome of some Mannors is that the youngest sonne shall inherite as in Burrough English if he haue not a sonne his yongest Brother as at Edmunton in Middlesex The custome of some Mannors is that al the sonnes and all the daughters shall inherite alike as in Gauelkind at Islington neere London The custome of some Mannors is that if the tenant die seized of fiue acres or vnder then the yongest sonne shall inherite but if aboue then all the sonnes shall inherite as in Gauelkind 〈◊〉 The custome of some Mannor is that neither the wife shall haue dowre neither the husband hold by Curtesie And the custome of some other Mannor is that shee shall haue the third part of the rent as at Bushie in Middlesex and no part of the land in dowre In some Mannors the wife being a virgin at the time of her mariage shall haue all the Copy-hold land for her franckbanck wherof her husband died seized And many such 15 Whether are there any customariâ— tenements that are heriotable dismembred and diuided into parcels to the weakening of the tenement and who be they that haue these heriotable parcels what quantitie hath euery of them Although there be no immediate profite can accrue vnto the Lord by the presentmeÌ„t of the substance of this Article yet it behoueth the Lord to know who be the tenants to any part of the land belonging to an heriotable tenement because euery part continueth heriotable and draweth vnto the Lord the best goods of the tenemeâ—â— of such land deceasing though the land in regard whereof he payeth it be but an acre and he haue elsewhere free or copie that maintaineth horsâ— or other cattle of great value the Lord may seize the best for his heriot 16 Whether are not the Fines for admittances of a new customarie tenant being heire or coÌ„ming in by purchase or vpon Surrender at the will of the Lord or are the Fines alwaies certaine This is an Article whereat some close-hearted tenants will seem to stagger being the nature of all men to fauour themselues and their posterities and â—o worke so as they will if it be possible make the Fines certaine by looking back 〈◊〉 past wherin they haue found by old Râ—cords stand by report of tenants before that the fines haue bene certaine and so they may be in some places though in few at this day And it may be former times did affoord such fauor vntill land became of more value but of late yeeres that course hath bene broken and Fines become arbitrable Wherein I wish that Lords and their ministers would vse a meane in exacting 17 How and by what meanes may a customary tenant forfeit his Copy-hold tenement whether for felling of timber trees plowing vp ley grounds or meddowes neuer tilled before or for suffering his houses to decay or for pulling downe any houses or for committing any other wilfull waste or deuising his customarie tenement or lands for longer terme then the custome of the Mannor will beare Or for committing any other act contrarie to the custome of the Mannor And whether hath any tenant of the Mannor offended in any of the former things who it is and wherein is any such offence committed Diuers Acts there be whereby a tenant in one Mannor may forfeit his Coppy-hold tenement which Act is no forfeiture in another Mannor For Customes are very different in diuers Mannors for in some MaÌ„nors a man may cut downe wood and timber trees vpon his Coppy-hold land sell them at his pleasure which in some mannors is a forfeiture Some Mannors do allow the customary tenants of the same to let their land for 3. yeeres some for more without the Lords licence and in some Mannors to let the same aboue a yeere and a day is a forfeiture In some Mannors a man may let fall all his customarie houses which in some other Mannors is a forfeiture In some Mannors a man may
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
or in any thing that the Lord hath to do within his Mannor for ordering of his Tenants And because Tenants should not be forgetfull of their duties they were in former times and may be still summoned to the Lords Court euery three weekes And the Lords remissnes in calling them hath bred in many places a kind of contempt whereby groweth their slacknes in times of their Lords seruice But the Lord of a Mannor hath power to punish them and they are remedilesse without submission if the paine be within the compasse that the Court will beare which is large ynough to weary him that is most arrogant Farm You haue satisfied mée in many things whereof I doubted you haue cleared the profession it selfe of many slanders and for my part I will henceforth speake more sparingly and aduise such as I heare too forward to be better aduised And were I perswaded fully that I my selfe might be a Surueyor yet retayne a good conscience I should wish I were also capeable of the same faculty Sur. And if I were perswaded that you would giue an indifferent care and afford an impartiall censure of what I would deliuer vnto you I could be contented to bestow some time to shew you what were fit to be done to the attayning vnto such a measure of knowledge in the same as might inable you to steed your selfe and your friends in that kind of office Farm I would thinke it well if I could attaine but to some part of this faculty I would leaue the rest to better capacities but my desire is farre from it I may not be 〈◊〉 that the practice is lawfull for I would deale with nothing wherein I might stand fearefull that God alloweth it not Sur. I like you well I wish him that you seeme to feare to fauour all your honest desires and name and that his blessing may follow euery our good indeuors for whosoeuer vndertaketh any profession be it neuer so lawfull or expedient and necessary for Church or Common-wealth and hath not the grace and fauour of God to guide him he may for a time seeme to prosper in it and to flourish and ruffle it out with showes of great blessednes but it is but like Iozahs Gourd that grew vp in one night very great and fayre but withered the next day Farm That I thanke God I haue learned and to tell you truly for my part I had rather liue in a meane estate in my calling frée from bribery extortion and wrong seruing God then to get infinite wealth thereby yea although not the world but mine owne conscience can reprooue me for it for I sée such riches continue not many generations neither hath it a promise of any blessing although I know that they that can so rise and flourish and braue it out are the men best accompted of for they are held wise and politike and to haue skill in their profession wheâ—eas others that beare not the minde to deale corruptly can not keepe way with them in show and thereby are condemned to be â—mpâ—e fellowes and their honest caâ—â—age and 〈◊〉 â—â—â—ate in the world maketh their 〈◊〉 to performe what they vndertake suspicious 〈…〉 Sur. You are in the right way of a good conscience which is a continuall feast such a feast and of such sweetnes as the world can not see or vnderstand the same but happy is hee whose conscience accuseth him not for howsoeuer men may seeme to set a good face on euill actions as if hee could not accuse himselfe 〈◊〉 his due examination of his owne heart yet it will come no passe that his conscience will one day bewray it to his intollerable terror and hee shall bee forced to accuse iudge and condemne himselfe without any further witnesse And this I tell thee is the end of all such as feare not God and liue not vprightly and iustly in theyr callings for it is not the calling it selfe that corrupteth the man but the man may be corrupted in his calling and abuse his best profession therefore I say see that thou finde thine inclination apt vnto this profession and in thy desire thou tremble not to attempt the same for some professions are more naturall then others to euery man and all mysteries and sciences whatsoeuer are attayned by some with greater facility and ease then by others and some by small industry study and endeuour shall attayne quickly to that perfection in some faculty wherein another shall neuer excell liue hee neuer so long and bee hee neuer so studious and paynefull Farm I finde mine inclination in conceit pliable vnto this course of life how it will succeede must bee seene by practice but that is the least doubt all my feare is whether I may do it and yet 〈◊〉 God Sur. Know this that if thou be already of a godly conuersation hauing the true feare of God sealed vp as it were in thine heart and dost not desire this profession as Simon the Magician did for lucres sake diuine knowledge thou mayst assure thee this profession will not hurt thee although the workeman is worthy of his hyre for none will force thy labour for nought dulciâ— labor cum lucre If men did not get by their honest paines it were meere slauery to vndertake any kind of faculty But to come to the lawfulnes of it know that it is the manner of the execution and not the matter of the profession that woundeth the conscience Euery man is not borne nor bound to one faculty or trade neither consisteth the common wealth of one member but of many and euery one a seuerall office too long to expresse them all in kinde Is not the eye surueyor for the whole body outward and the heart the searcher within And hath not euery common wealth ouerseers of like nature which importeth as much as Surueyors And is not euery Mannor a little common wealth whereof the Tenants are the members the Land the bulke and the Lord the head And doth it not follow that this head should haue an ouerseeâ— or Surueyor of the state and gouernment of the whole body And followes it of necessity that the office is vnlawfull An vniust officer maketh not the office vniust no more then a crabbed face impaireth the faire glasse wherein it looketh or a dusky cloud corrupt faire water whereon it lowreth In case of Suruey of Land against which you haue so much inueighed if you consider it in reason and make it your owne case you will say perchance The case is altred You haue now peraduenture a small Farme will you be carelesse and dissolute of the estate thereof will you not wey and consider with your selfe what Land is fit for Pasture what for Arable what for Meddow and the like and will you not command your seruaÌ„t to view it dayly that no trespasses be done therein and to see vnto the hedges ditches fences water-courses gates and
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
not plow vp or sow his Coppy-hold meddow or ley ground that hath not bene vsed to be tilled in some Mannors contrarie So that these kinds of forfeitures are according to the custome of euery Mannor 18 What are the customes of the Mannor in generall both in the behalfe of the Lord to perform or suffer to the benefit of his tenants and of the tenants to performe to the seruice of the Lord. In euery mannor there hath bene such a mutuall concurrence of ayde between the Lord and tenants as through the force of time hath bred a Custome And the Lord may exact it of his tenants by law if they deny the performaÌ„ce of the things to be done in the right of their Customarie lands And these customes are of diuers kinds diuersly to be performed Some in the course of inheriting of land some in the way of womens dowries some in the estates of land some in matters of forfeitures some in works some in rents some in fines some of the Lords beneuolence in allowing his tenants meate drinke mony c. in time of their works as these customes in seuerall Mannors seuerally are allowed And because it behoueth euery tenant to know whereunto he is bound by custome if there be no ancient Custome roll to leade them it behooueth the Surueyor to renew the same wherein he is to set downe euery tenants name his tenements lands meddowes pastures c. the rent and seruice due for euery of them and whether workes be turned into rent and to indent the same that the Lord may haue the one part and the tenants another The neglect whereof hath bred many inconueniences both to Lords and tenants 19 Whether is there within this Mannor any villaine or niefe namely any bondman or bondwoman if there be what are their names what land do they hold and keepe and what is the same yeerly woorth Although this kind of tenure be in manner worne out of vse yet some there are no doubt though conceiled in some MaÌ„nors neuer infranchized or manumized 20 Whether hath any tenant or other person within this Mannor stocked vp any hedge-rom plowed vp any Baulke or land-share remooued any Meere stone land-marke or other bound betweene the Lords demeisnes the tenants Free-hold or customary laÌ„d of inheritance or between his Free-hold and customary land or between this and another Mannor or Lordship where is any such offence committed by whom and where ought the same bound so remoued altered taken away or displaced to stand This is a necessarie Article to be duly considered because that by this meanes of remouing or taking away Meere-stones and land-markes the Lord oftentimes incurreth great preiudice for that when a Leassee of the Lords demeisnes being either a Free-holder or a customary tenant of inheritance hath land of his owne adioyning vnto the demeisnes or intermixt he take away the markes of diuision leaueth the matter doubtfull which is the Lords especially where a long lease or patent is whereby the Tenant hath time to make alteration and it is no new or strange thing to attach some by name and place that are culpable and haue yeelded to reformation being found out before their intents were fully ripe And aboue al such are most worthy to be punished for altering any such knowne markes vnder whatsoeuer pretence of ease or necessitie which is the common cloake of the mischiefe vsed most in the Kings lands where long Patents are granted 21 What customarie Cotages are there within this Lordship tostes croftes or curtelages what are the Tenants names what rent pay they and what seruices doe they It is to be vnderstood that the word Câ—tagium signifieth as much as casam a little house or a place of abode only or a little dwelling whereunto little ground belongeth but an Orchard garden or some small toft croft or Curtelage but Cotages of themselues are not ancient as I take it 22 Whether are there within this Mannor any new erected Tenements or Cotages barnes Walls sheddes Hoâ—ells Hedges Ditches or such like erected set vp or made or any Watercoarses or Ponds digged vpon any part of the Lords waste without the Lords licence where is it and by whom was it done and by whose licence and vpon what consideration The ouermuch libertie of too many newe erections breedeth sundry inconueniences not only to a Mannor and the Lord and Tenants thereof but to a whole Common-wealth and therefore not to be permitted without good consideration although it is most conuenient that the poore should haue shelter places to shroud them in if they be found honest vertuous painfull and men of abilitie to gaine their owne and their families reliefe But it is obserued in some parts where I haue trauelled where great and spacious wastes Mountaines and heathes are that many such Cotages are set vp the people giuen to little or no kind of labour liuing very hardly with Oaten bread sowre whay and Gotes milke dwelling farre from any church or chappel are as ignoraÌ„t of God or of any ciuil course of life as the very Salâ—ages amongst the Infidels in maner which is lamentable 23 What Tenants are they within this Mannor that doe hold any lands or Tenements by Indenture of lease what are their names what land hold they for what rent vnder what conditions and couenants for what termes of yeeres or liues This Article is most especially to bee obserued touching the couenants by view of the Tenants leases but the Iurie is to find the names and to present them with the land and rent 24 Whether hath or doth the Lord imploy any land to Iustment as in taking in cattle to pasture and herbage who hath the disposing of the same what quantitie of land is so disposed and how many cattle will it pasture what is a Cowe Oxe Horse or sheepe-gate woorth by the yeere or by the weeke Much land is thus vsed in Yorkshire and other places Northward very beneficially 25 Whether hath the Lord of this Mannor any customarie Water-mill Wind-mill Horse-mill Griest-mill Mault-mill Walk-mil or Fulâ—ing-mill Whether is there within this Mannor any other Mil Iron-mil Furnace or HaÌ„mer Paper-mill Sawing-mil Shere-mil or any other kind of Mill what is it woorth by yeere and in whose occupation is it Where sufficient riuers brooks stagnes ponds or water-courses are there are commonly some kinds of Mils or other profitable deuices that humane wit and inuention hath set vp for necessarie vses for the benefit of man and for the Lords profit of the Mannor where such deuices are erected And yet all kinds of deuices are not conuenient in all places as where no Lead or Tinne is there is no need of the vse of water to moue a wheele to blow the fire for the melting trying thereof yet there may be like vse for Iron oare and where neither of them is there may be vse of Walk-milles or
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
election and appointment some of the Tenants among whom they are yeerely chosen as Hayward Reeues c. 39 Within what Diocesse and Deanery within what diuision and hundred lyeth this Mannor and to what place are you that are the Tenants vsually called to doe your seruices to muster and to shewe your Armour and weapons and what Beacons are you appointed to watch and ward at It were a simple part of a Surueyor if his Lord should aske him these questions and hee should answere I cannot tell and yet are they things fit for the Lord to bee acquainted with 40 What Markeâ— Townes are neerest vnto this Mannor and what commodities are there especially vented at euery of them This is also necessary to bee knowne of the Lord that dwelleth remote from his Mannors Thus much for the charge Euery Surueyor is in discretion to order his owne businesse and none is tied to this method of charge yet he must take the substance of these Articles or such and so many of them as in his conceit guided by some foreknowledge of the state of the Mannor which he is to suruey are fittest to be deliuered vnto the Iurie and withall he is to explaine vnto them the sence and meaning of euery Article more at large then hee will giue them in the letter And hauing thus finished the charge I hold it fit to giue the Articles in writing vnto the Iurie to the end they may answere their knowledges to euery of them in writing And because the Iury perchance cannot so methodically set downe their owne plaine meanings as is fit to bee ingrossed in the Lords booke the Surueyor must correct the former still keeping himselfe within the compasse of the meaning of the Iurie then to reade the same vnto theÌ„ distinctly that they may allow or disallow the same and because they shall hauâ— sufficient tâ—â—e to consult and deliberate vpon euery Article they may haue day giuen them vntill such time as the Surueyor doth thinke hee shall finish the Perambulation and view of the Mannor in sort as hee intendeth and then to take their verdict and accordingly to ingrosse the same Immediatly afâ—er the charge thus ended the Surueyor is to make proclamation in the name of the Lord of the Mannor that euery Tenant doe presently produce his deedes copies Leases and other Euidences to the end that the Surueyor and his Clarke may enter them roughly in a booke and afterward inroll them faire in a boâ—ke of Parchment for continuance And if any man make default he may find it by the catalogue of the names of the tenants which he must take at the beginning of the Court and crosse them as they bring their euidences to be entred the manner of which entries doth briefly follow Intrationes omnium singularum chartarum Copiarum Indenturarum omniumque aliarum Euident tenentiuÌ„ ibidem factae tertio die Nouemb. Anno Regni Domini nostri Iacobi Dei gratia magnae Britanniae Franciae Hiberniae Regis fidei Defensorâ—s c. 4. vt sequuntur viz. Chartae Liberorum tenentium W. P. de F. in Coâ— M. Yeoman per charta 〈◊〉 dat tertio die Martii Anno regni Henr. 7. secundo teneâ— libere sibi haer edibus suis if it be intailed then according to the limitation ex donat R. S. vnum mensuagium sine tentm vocat Whytlocks situat in quadam venella vocat Potters-street 〈◊〉 â—esuag R. L. ex â—â—str quandam viam vocat Loue-lane ex parte Bor. abutâ—â—an fuper magnam communiam vocat Hownes Moore in Occiden super com campum vocat Beggers Bushfield in Orientem continet in longitudine quadragint pertic in latitudine nouem pertic dimid vnum â—lm prati vocat Mosse meddow cont per estimat quinque acr quinque acr prat iac in commun prat vocat Colliers meade tres clausur terrae arabilis insimul iacent vocat Bathyes cont in se in to per estimat deceÌ„ act vnum clm pastur vocat Abbots close iacent c. cont per estimat tres acr Quod quidem mesuagium pred R. S. nuper perquisiuit de quodam A. B. habend c. per redd vnius libr. Piperis per seruic inde debit consuet 1. libr. Piperis In hac forma ceterae omnes irrotulâ—ntâ—r chartae secundum particularia in eisdem specificata Copiae Custumariorum Tenentium B. C. peâ—cop Cur. dat nono die Maii Anno regnâ— Elizabeth 30. tenet exsursum reddicâ—one W. R. vnum tentm iacent in quodam vico vocat Church-street in t c. according to the buttles vnam clm terrae voc Haywood iac c. cont per estimat duas acr vnum pratum vocâ—t Deare meade cont quinque acr decem acr terr in com caÌ„pis Habendum sibi haered suis ad voluntatem Domini secundum consuetudinem Maâ—ern dedit Domino pro fine 3. pounds 6. 〈◊〉 8. pence reddit per annum 2 shil 6. pence If the estates be for liues as in the most Maâ—â—â—rs in the West then the entries of the Copies must be according to the words of the copie and at the foot of the entry of euery copie it is fit to set downe the ages of the tenant in possession and of them in reuersion Also it behooueth a Surueyor in the entry of all Deeds and Copies to set downe the names of all mesuages and tenements and the names of euery particular close and parcell of land as they are set downe in the Copie And not only the present tenants name but the former tenants for two three or foure descents if it be expressed in the copies It is a fault in some Stewards that in making out Copies do set onely downe the name of him that surrenders and the name of him to whom the surrender is made without further relation of any former tenants name and do also set downe the mesuage without setting downe the particular parcels of land belonging vnto it vsing onely generall words which in all things import incertaintie Whereas if he did well he should obserue and set downe euery parcell both in qualitie and quantity namely what is meddow pasture arable wood c. with the principall buttes and bounds by the Surueyors booke De intratione dimissionum siue Indenturarum in quibus ea quae sequuntur obseruanda sunt Dies mensis annus Partes inter quas facta est Indentura Consideratio concessionis Particularia quae per Indenturam traduntur Habeâ—dum cum termino annorum aut vitarum pro quo aut quibus conceduntur Redditus tempora solutionis Clausa districtionis aâ—t forisfacturae Conuentiones Prouisiones breuiter Quomodo obligatur ad warrantizanduâ— Concessor c. This suffiseth for the forme of the entry of Deedes Copies and Leases Bayly Is this all that is required in the making vp of a booke of Suruey Sur. Some thinke it
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
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
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
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
that no cattle can féed in it Sur. The Alder tree is enemy to all grounds where it growes for the root thereof is of that nature that it draweth to it so much moisture to nourish it selfe as the ground neere it is good for no other vse Baily Do you thinke this ground would be good if the trées were gone Sur. Yes for commonly the ground is good enough of it selfe onely it is impaired by this kind of wooe and therefore if the cause were taken away the effect would die Bayly Then will I cause them to be stocked vp Sur. Nay first it behooueth you to consider whether it be expedient or not for although this tree be not friendly to pasture meddow or arable land yet it yeelds her due commodity too without whose ayde in some places where other wood is scant men can hardly husband their lands without this For of it they make many necessary implements of husbandrie as Ladders Rayles Hop poles Plow-stuffe and Handles for many tooles besides fiering Bayly If it be so commodious it is not onely not good to stocke them but expedient to cherish them and where none are to plant Sur. There is great difference betweene necessitie and the super abundance of euery necessarie For want is a great commander inforceth oftentimes and in many places they desire and search for that which will in the time of plentie meerely neglecteth And therefore where none of this kind of wood groweth the place destitute of other meanes and fit for this kind of commoditie wil may be forced to giue place to occasion as in other things Bayly I haue heard that this kind of wood is also good to make the foundations of buildings in riuers fennes and standing waters as also piles for many purposes in moorish and wet grounds Sur. It is true this kind of wood is of greater continuance in watry places then any other timber for it is obserued that in these places it seldome or neuer rots Bayly It loued the water and moisture well in growing and therefore it brooketh it the better being laid in it But I thinke the Firre-tree is much or the same nature for I haue seene infinite many of thâ—m taken out of â—he earth in a moorish ground in Shropshire betweene the Lordships of Oâ—westry and Elsemere which as is supposed haue lien in the moist earth euer since the Floud and being daâ—ly taken vp the people make walking-staues pikes of them firme and strong and vse the chips in stead of candles in poore houses so fat is the wood to this day and the smell also strong and swéet Sur. I know the place well where I saw pales made of an Oke taken out of the same ground of the same continuance firme and strong blacke as Ibony and might haue fitly bene employed to better vses and I take it that most wood will last long vnder the earth where it neuer taketh the open ayre But the wood now most in vse for the purposes abouesaid is Alder and Elme Bayly May a man sow the séedes of the Alder Sur. It beareth a kind of seed yet some haue affirmed the contrarie But the seeds will hardly grow by art though by nature they may The branches of the tree and the rootes are aptest to grow if they be set so as the water moisture may be aboue the plant for it delighteth only in the moistest grounds Is not this next close the Lords called Broad-meddow Bayly It is for I perceiue you haue a good memory being but once and to long since vpon the ground Sur. It is most necessary for a Surueyor to remeÌ„ber what he hath obserued and to consider well the natures and qualities of all kinds of grounds and to informe the Lord of the meanes how to better his estate by lawfull meanes especially in bettering his own demeisnes So shall he the lesse need to surcharge his tenants by vncharitable exactions And forasmuch as of all other grounds none are of their own nature so profitable and lesse chargeable as meddow grounds which are alwaies readie to benefite the owner summer and winter they especially are to be regarded Bail That is true indéede and peraduenture it takeâ— the name of the readinesse for we call it in Latine Pratum as if it were semper paratum either with the fleeze for â—ay or with the pasture to féede and this meddow wherein now we are is the best meddow that I know and I thinke for swéetnesse and burden there is not a better in England Sur. You do well to aduance the credite of the Lords land and you speake I thinke as you conceiue because you are not acquainted with the meddowes vpon Dâ—ue-banke in Tan Deane vpon Seauern-side Allermore the Lords meddow in Crediton and the meddowes about the Welch-poole and many other places too tedious to recite now Bai. These he like are made so good by art but naturally I thinke this may match the best of them Sur. Indeed meddowes very meane by nature may be made excellent by charge but they will decay vnlesse they be alwaies releeued But these that I speake of require little or no helpe at the owners hand onely the ayde of these riuers ouerflowing do feed them fat giues great burden and very sweet Bayly These yearely ouerflowings of fat waters after flouds no doubt are very beneficiall as appeareth by the annale and yearely ouerflowing of the riuer Nilus in Egypt which maketh the adiacent grounds so fat and fruitfull as they be famous through the world for their fertility and was allotted to Iosephs brethren in Egypt Sur. You speake of a matter wonderfull in the conceits of some that the riuer should so ouerflow in the summer and yet it neuer raines in those parts at any time of the yeare Bai. So I haue heard indeede and that the flouds grow in the heate of the yeere about haruest betwéene Iulie and September with the snowe melting that falls in the winter time among the Mountaines Sur. We haue in England matter more strange as the riuer neere Chichester in Sussex called the Lauent which in the winter is drie and in the driest Summer fâ—ll to her banckes So is the Leam a riuer in Barkeshire neere Leambourn Baily That is strange indéede one studious in naturall Philosophie could tell the cause of this Sur. I take it to bee because they are only fed with springs which runne only when springs are at the highest And that also is the reason why many bournes breake out of the earth in sundry places as we may reade it hath done somtimes neere Mergaâ—e in Hartfordshire corruptly called Market and neere Croydon in Surrie neere Patcham in Sussex and in many other places in this Realme which breaketh foorth suddenly out of the driest hills in Summer Bay Because you speake of Angleton I can assure you there is a Well that sometimes yeldeth
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
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