conuent but what say you to the Rents of Assize What meane you by Assize Sur. Truly for my part I take it to signifie set in certainty for these kind of rents are as in the beginning neither risen nor falne but doe continue alwayes one and the same and only they and none else can be properly called rents of Assize Lord. I thinke you take it rightly and are all rents of one kind Sur. No there are properly three kinds as rent seruice Rent seck and Rent charge Lord. These termes are strange to me though I be Lord of many Mannors and no doubt I receiue rentes of euery of these kindes but how to distinguish them I can not tell And whether I haue bin abused by mine Officers or no I know not for they neuer told me of these many kindes of rentes and therfore let me intreat you for my satisfaction a little to explaine their seuerall natures Sur. These Seuerall rentes are paide vpon seuerall considerations and haue seuerall grounds and commencementes and are diuersly to be leuied and recouered if they bee denied That which is called Rent seruice is so called because it is knit to the tenure and is as it were a Seruice whereby a man holdeth his Landes or Tenements As where the Tenant holdeth his Lands by Fealty and certaine rent or by Homage fealty and certaine rent or by any other seruice and certaine rent the rent is called Rent seruice for as the Seruice followeth a Tenure so the Rent followeth the seruice And if this rent bee behind the Lord of Common right may enter and distrayne for it The Rent charge is so called because when a man graunteth any Land whether it bee in fee-simple â—ee tayle for life for yeares or at will and in his deede reserueth a rent with clause of distresse for non payment by vertue of this clause the Land is charged with payment of the rent by expresse wordes and by force of it the Lord may distraine for his rent behind Lord. This kind of rent is at this day I thinke most common for fewe will graunt Land but they will make such prouision that the Land shall stand charged with the rent Sur. It is true for at this day there can be no rent seruice raysed because it cannot bee without a tenure which can not be at this day created Lord. What is that you call Rent seek Sur. It is a bare rent reserued vpon a graunt wherein there is no mention made of charging the Land by distresse and it signifieth redditum siccum a dry rent for the recouery whereof the Land is not charged Lord. Few such rents are now adayes for a man had nâ—ede to make all the prouision he can to secure his rent and yet he may be driuen to try his vttermost meanes to recouer it But you haue satisfied me also touching these rents now let me intreate you to shew something of oâ—â—er things incident vnto a Mannor by which the Lord receiueth profit or prerogatiue Sur. Profits may rise by infinite meanes and wayes out of a Mannor to the Lord but all Mannors yeeld not profits or commodities alike neither in nature or value Lord. I thinke indéede all Mannors are not alike profitable to the Lord neither hath euery Mannor like meanes yet I desire to know for my experience sake what may grow out of a Mannor that I may the better looke into the natures qualities of such as are vnder my power and commâ—â—nd Sur. If you haue a Mannor or Mannors there is as I sayd before a Court Baron at the least incident thereunto and to some a Leeâ—e or Law-day which is called the view of franck pledge by which Courts do grow many and diuers perquisites and casualtyes as fines of land Amerceaments heriots rehefes wayues estrayes forfeitures escheates profits growing by pleas in Court and such like Lord. You may doe well to shew mée though briefly what euery of these former things doe properly import for to tell me the names and not the natures of the things is as if I should know there is a Sunne but whether he giue light and heate to be ignorant Therefore before you passe further in any discourse shew me how fines of Land doe arise vnto the Lord and what amerceaments are and the rest Sur. Fines of Land are of sundry kindes and yet properly and most especially they arise of copyhold or customary Lands and Tenements which are in diuers Mannors of diuers kinds for there are customary Lands which are called copyhold of inheritance and they are such as a man holdeth to him and his heires according to the custome of the Mannor at the will of the Lord. When such a Tenant dyeth and the heire commeth to be admitted if the custome of the Mannor beare a fine certaine he giueth but the accustomed fine If it be vncertayne and arbitrable he agreeth and compoundeth with the Lord or Surueyor or Steward for the fine Some hold Customary Land for liues as for one two or three liues whereof the fine is alwayes at the Lords will as is also the fine for yeeres There are also fines for licences of Surrenders of Customary Land and for alienation also of free-hold Land and these are called Fines which signifieth as much as a finall composition and when the fine which is the end of the contract is answered all but the yeerely rent during the terme agreed vpon is payd These and such like summes of money raysed aâ— a Courtâ—arâ—â— are parcell of the peâ—quisites of the Court as are all amerceaments which are summes of money imposed vpon the Tenants by the Steward Surueyor by oth and presentment of the homage for default of doing sute or for other misdemeanours punishable by the same Court infinite in number and quality Lord Whence taketh the word Amerceament name Sur. Of being in the Lords mercy to be punished more or lesse crumenally at the Lords pleasure and will It is no doubt a borrowed word as many other words vsed in our common lawes are for hee that is amerced is sayd to be in misericordia that is in the mercy of some body Lord. These wordes may be vnderstood by vse and by the manner of the vse of things but he that should seeke the etimon among the Latines of the substantine Amercâ—â—mentum and the adiectiue Amerciatus might seeke long be neuer the nâ—ere But I perceiue we must take it as our â—athers first framed it and left it I vnderstand what it meaneth in our common sence and that sufficeth Sur. Other words not a fewe in like sort to bee vnderstood we find in vse amongst vs which doubtles the Romans neuer knew and yet they that haue to do with the things wherein they are vsed vnderstand the meaning although their deriuations be strange as amoÌ„gst others it is questionable whence the name of a heriot may be deriued Lord. That would I be
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-yard-land plow-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
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
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
I haue seene and obserued among them a kind of madnes as I may call it but in the best sence it is a kind of ambitious or rather auaricious emulation wherein they striue one to outstrip another in giuing most as where my selfe haue had businesse of this nature namely of letting setting or selling of land for yeeres or liues being or neere being determined in farmes or other like whereby the Lord hath bin at liberty to dispose therof at his will for best aduantage by choice of a new tenant Proclamation to that effect hath bin made in opeÌ„ court where I haue seene and it is dayly in vse that one wil outbid another as at an outcry in London in so much as I haue wondred at their emulation and could not haue asked what they haue raysed it vnto themselues And should any that is in authority in this case who in duty is not to hinder the Lord or the Lord himselfe inhibit such hot spirits to clyme as high for the Lords aduantage as the ladder of their owne will and supposed ability will reach This is not as one Swallow in a Summer but they are many and euery where Winter and Summer and yet are other meÌ„ accused and condemned for theÌ„ and their faults if there will be a fault in itselfe but I should thinke it greater madnes for a Lord wilfully to refuse what is so voluntarily offered and so willingly by giuen Now who is the cause of raysing rents and fines Farm I know such rash ouer forward meÌ„ there are in the world not a 〈…〉 eâ—ery Mannor who are especially priched forward to this reuelation through enuy and a 〈◊〉 hauing meanâ—â— to atchieue their desires But this bidding and out-bidding is in things wherein the Lord iâ— at his libertie to take a tenant whom holist But in 〈◊〉 tenemâ—nts of inheritâ—nce the case is otherwise where the rent is and the fiâ—e for the most part certainâ— what needes the Lord haue this surueyd or any free-hold lands Sur. It is fit the Lord should know what hiâ— tenant holde to be it free or customary though at this day there be a needlesse nicenesse in some free-holders of Mannors who seeme to conceale their estates and to kick against the view of their lands but if they knew what they did they would reforme that error Farm Call it you an error for a free-holder to refuse to shew his estate to the Lord or not to suffer his land to be surueyd Sur. I may well so call it nay I may call it a great fault or an iniury done against the Lord and hurtfull to himselfe There is none it may be you know it that holdeth of any Lord land but he holdeth the same by some kind of rent or seruice and when he comes to take vp his land after the death of his auncester or vpon purchace but he doth or ought to do homage and fealty or one of them vnto the Lord of whom he holds it the doing whereof how ceremonious it is if you be a Tenant to any such land you know and wherein he maketh a solemne vow and oth to be true Tenant vnto the Lord for the land he holdeth And someâ—â—mes the Tenant of such a Tenure is forced to be ayded by his Lord for the same land if he be impleaded for it now if such a Tenant refuse to shew his estate or to permit his land to 〈◊〉 seeâ—◠〈…〉 to â—e true Tenant and to 〈…〉 are due vnto the Lord among which this of permitting the Lord to know his owne is not the least nay he â—â—ght by his oth of fidelity to further it by all meanes both by his proper knowledge and eâ—idence not only his owne but other 〈◊〉 lands and thereby he shall not only not preiudice himselfe but he shall fortifie his title so much the more by hauing his euidence inrolled and his land recorded â—n the Lords booke of Suruey that when his heire shall take vp the land or he alâ—en the same it appeareth that he is true Tenant vnto such lands for such rent and for such seruices but there be so many scruples thrust into mens heads by such as haue a pretended skill in matters of policie in this kinde and Lords 〈◊〉 Mannors haue bene so remisse in taking knowledge of the things in this maner appertaining vnto them that questions of Titles and tenures are dayly had and moued to the great trouble oftentimes both of Lord and Tenant as is seene by experience dayly as well of land holdeÌ„ of the King as of inferior Lords which may be reconciled if Tenants were not too curious and Lords too negligent Besides this there are other reasons to mooue the Lord to know what land is holden of him and by what title rent and seruice for free-holders may forfeit their land and their land may escheat vnto the Lord if then he should be ignorant what land it is where it lyes and how much it is he may be easily abused for want of records and so are many Lords of Mannors who for want of due knowledge of their tenants and of their land tenures other men are intitled to their right Far. You haue said more then I heard or dreamed of and it holdeth in some sort by reason how it is by law I cannot dispute but in all y t you haue said you haue not satisfied me in the thing before I spake of touching the 〈…〉 which as I said before 〈…〉 â—igâ—er then in former times â—y your 〈◊〉 Sur. You strike alwayes one string and I find the â—ound of your meaning you would always 〈◊〉 easily charged in your â—iâ—es as might bed and in that I blame you not 〈…〉 mans case to beare as light a burden as he can But if you remember what I spake before touching the cause of this raysing of fines where I prooued it came most by your owne meane you may be the sooner satisfied in this for it is in nature like the former Although this kind of Tenant hath seldom any competitor to emulate his offer because the Tenant leaueth coÌ„monly one either in right of inheritance or by surrender to succeed him and heâ—by custome of the Mannor is to be accepted Tenant alwayes prouided he must agree with the Lord if the custome of the Mannor hold not the fine certaine as in few it doth now this composition is commonly made by demaund of the Lord and offer of the Tenant The Lord asketh according to his conceit of the value of the thing and eyther his knowledge must arise by his owne experience or by information the information is eyther by secret intelligence of same officious neighbour or by due iudgement of an indifferent Surueyour 〈◊〉 such a one as carieth equall respects to Lord and Tenant And although as you alledge former times did affoord Tenants more fauour in rating and arbitrating fines as you suppose if you consider it well it is now as
that is a Surueyor to be able to do it and that he be painefull industrious hauing this quality with the rest more necessary he may be then called a Surueyour Farm What are they I pray you Sur. To little purpose I thinke I shall tell you yet because you may know that euery one that hath the name is not indeede a Surueyor for besides the former faculty of measuring and plotting he must haue the vnderstanding of the Latin toong and haue some sight in the common lawes especially of Tenures and Customes and must be able to reade and vnderstand any auncient deeds or records French and Latine and to iudge of the values of Land and many other things which if time will permit I will hereafter declare more at large vnto you Farm Why is there such a precise knowledge required in a Surueyor Sur. Because they are imployd in such businesses as concerne greatest persons in their estates for although men be indowed by the prouidence of God and in his â—ounty with Honors Mannors Castles houses lands tenements woods and other like reuenues which indeed are the sinnewes and ligaments which conioyne tye Honor and Habilitiâ— together yet if these be not managed guided and carefully continued and increased by a discreet honest Surueyor foâ— and in the name and behalfe of his Lord and the Lord agayne proportion his expence and charge according vnto or within the compasse of his knowne Incomes the Lord may be disabled to maintaine that which he hath gotten the title of Honor where Honor is without meanes it wanteth the substaÌ„ce hath only y e shadow of it self to looke vpoÌ„ Far. It behaues not only men of Nobility but inferior meÌ„ also to looke vnto theÌ„selues for y e preseruation of their estates but they indéed y t haue but little may quickly view it Sufficit exigno strigilatio curta caballo But he that hath many Honors Mannors Lordships Tenements Farmes can not of himselfe take view with ease for indéede they lye for the most part dispersed in many parts they must be ayded by the skilfull industrious trauaile of some iudicious Surueyor who finding by his view examination the true values yearly possibilities of his Lords Lands may be a good meane to retaine his Lord within compas of his reuenues and to worke him to be good to his Tenants and by that meanes the Surueyor shall deserue prayse his Lord win more honor But I maruell how such great persons did before surueying came vp for this is an vpstart arte found out of late both measuring and plotting Sur. You speake I thinke according to your conceit but I will proue it far otherwise that measuring plotting and surueying hath bin vsed in ages of old As for description it was vsed in Egipt by Ptolomy the King who described the whole world And where the Riuer Nilus in Egipt ouerflowed the bancks as at this day it doth about haruest the violence of the inundations were such as they coÌ„founded the marks bounds of all the grouÌ„ds that were surrounded in such sort as none knew his own land wherupon they deuised to measure euery mans land to plot it so that afterwards alwayes at the waters recesse euery man could finde out his owne land by the plot Far. Truly that was a most excelleÌ„t inuention I thinke it indéede a most necessary course to be held in some grounds y t I know in England which are subiect to like coÌ„fusion many marsh lands néere the sea coast in Kent Sussex Essex Suffolke Lincolneshire Cambridgeshire other Shires confining the Sea or subiect to great waters if they were thus plotted out as you say I must needs confesse it were a good worke howsoeuer these kind of grounds should be hereafter surrounded increased or diminished by the force of Seas continuall rage whereunto they are dayly subiect for by y e meanes if the ditches which are the ordinary méeres meates bounds betwéene seueral meÌ„s lands be confounded this deuice might after the winning of these surrounded grounds againe truly reconcile them and allot euery maÌ„ his own which otherwise will be impossible to bring to true appropriations And this in my conceit is not the least part of your professioÌ„ to lay out grounds in their true formes that euery seuerall parcell may be distinguished froÌ„ other for I know where great strife hath risen by confounding one Mannor with another where y e sea hath woon lost grouÌ„d deuoured y e true bouÌ„ds of which I am not alone witnes it is dayly seene y e questioÌ„s do rise by like casualties where townes houses fields woods and much land hath béen and are dayly deuoured and in some places augmented Riuers by force turned out of their right courses vpon other confining lands whereof time hath takeÌ„ such hold as y e truth is now brought in question to the stirring vp of quarrels betwéene parties which if these places had béen formerly laid out in plot the doubt would be easily answered In these things I can not but agrée with you that your profession may stéed men that haue vse of your trauaile in this kind although no such arte hath bin nor is it reported to haue had any vse in y e word of God Sur. Is there a necessity to produce the vse of this from examples out of the word of God when these indifferent things are left to the discretion of man for matters of politike and ciuill society If euery profession should be driuen to fetch authority from the vse in sacred things many things plentifull amongst vs that liue in a Common-wealth would be found prophane but because you seeme to vrge it I will not stuck to let you know that it is not without example in the diuine old Testament If first you wil haue the proofe of measuring looke into the second Chapter of Zachary and there shall you finde that the Prophet reporteth that hee saw a man with a measuring line in his hand and he asked him whither he went and he said vnto him To measure Ierusalem that I may see what is the bredth thereof and what is the length thereof Farm I doe remember now that I haue read such a thing indéede but as I take it this measurer was an Angell of God Sur. Then is the warrant of measuring so much the more strongly coÌ„firmed vnto meÌ„ But you may perceiue that measuring was then in vse in other things for had not there bin the vse of the measuring line before how could the Prophet haue knowne it to be for that purpose Farm Yes being a Prophet Sur. He could not haue called a thing by it proper phrase that had not bene in vse before neither could his relation thereof bene vnderstood of them to whom he declared it vnlesse they also had before knowne the like Farm Can you prooue the like of Surueying Sur. Ioshua
is fit but for their euidences as their copyes and leases the Lord hath the Court-rolls of the one and counterpanes of the other and for fâ—ée holders déeds their Land is their owne and whether they may be compelled to shew them or not I can not tell Sur. These are â—â—iuolous doubtâ— that some haue formerly made but they haue bin answered to their cost for the law compelleth them all For admit the Lord of the Mannor haue the rolls wherein the copyes are recorded may not copyes be abused after their entryes or counterfetted in some things preiudiciall to the Lord as may also the Lease as hath been found oftentimes names and liues of men parcels of Lands dates of yeeres and such like â—azed inserted or altred And is it not fit therefore that they be seene entred together that without search of so many court rolls the Lord may be satisfyed the Tenants iustified And what preiudiceth it the Tenant to haue his euidences truly recorded if he meane plainely be it copy lease or free deede he will thinke it a confirmation of his estate what casualty soeuer come to the same he may be the better assured that such a record will witnes with him whereas if none such appeare his intrest will be the more suspicious and therefore such as are wise and discreet will not only consent to this good course but be thankefull vnto the Surueyor as behooueth If it be iust and right that the Lord should know his owne who should manifest it but the Tenant himselfe and how should hee doe it but by his euidence And most vniust it is in that Tenant that by any wilfull or sinister meanes or couert practice doth either detract his fellow Tenants from the seruice or concealeth any thing that may further the same Farm This I can not deny although indéede some â—oly fellowes will 〈…〉 doubt héerein but I sée it is to good purpose and for our better security to do all things requisite in this businesse and that all the Tenants within the Mannor should conioyne in 〈◊〉 and euery one for himselfe and all for one and one for all should séeke examine and declare the vttermost truth of euerything towards the exact performance of this seruice and that the Surueyor should know the quantities qualities and indifferent painâ—â—â— of euery mans Tenement and Lands their rents seruices customes worâ—s and whatsoeuer the Tenant is in lawe or conscience bound to yéeld or performe to his Lord and indéed thus 〈◊〉 haue I heard giuen in charge at a Court of Suruey with many other articles which are now out of my mindâ— all which may be done by Tenants with a good conscience both by relation in Courts and in the perambulation but the concealing of these can not stand with an honest mind for these things of themselues can not preiudice the Tenants but the misconceiuing misenâ—ring by the Surueyor may be erroneous and the ouer-racking vrging and ouerburdening the Tenants by the Lord may be extortious These things may fall out by meanes of an vniust and vnskilfull Surueyor and a couetous Landlord And the feare of this maketh the Tenants to exteâ—â—ate the values and to smother the truth of things to their soules danger therefore happy are those Tenants that haue a gracious Lord and an honest Surueyor for then there can not be but an equall and vpright course held betweene them then can not the Tenants but be faithfull and louing to their Lords and their Lords fauorable to them so should the Tenants be defended by their Lords and the Lords fortified by his Tenantâ— which were the two principall causes of the originall foundation of Mannors as I haue heard Sur. You say rightly and I am glad to heare you conceiue so well of this apparant necessity for so may I say that it is of necessity that the Lord should know the full and absolute estate of his Mannor and of euery particular thereof for howsoeuer of late dayes Tenants stand in higher conceits of their freedome then in former times if they looke a little back into antiquity they shall see that Tenants for the most part of euery Mannor in England haue ben more seruice vnto theyr Lords and in greater bondage then now they are whom the fauorable hand of time hath much infranchised and it can not be altogether euery where forgotten because they may see as in a glasse the picture of theyr seruitude in many auncient custome rolls and in the copyes of theyr owne auncesters and many seruile works haue been due and done by them and in many places yet are though the most are now turned into money but neyther theyr infranchisements nor the conuersion of works into rents doe so farre free them but that they still owe seruices vnto their Lords in respect of their tenures as well freeholders as customary Tenants as both in most of their copyes and deeds is expressed by these words Proâ—editu seruitiis vnde prius debit de iure consuet which proueth their tenures in a sort to be conditionall which condition if it be wilfully broken by the obstinate carriage of any such Tenant he indangereth his estate Lord. It were hard if for not doing some small seruice vnto his Lord a man should forfeit his liuing Sur. And it were very foolishnes in a Tenant for wilfull refusall thereof to indanger the â—ame for if the Lord be in lawe tyed to mayntayne the right of his Tenant and to defend him against any other that shall pretend a false title vnto his Land the Tenant is againe bound to performe all such seruices and to pay all such dutyes as of right he ought And it is expedient that the Lord should see these dutyes continued and it hath been and is dayly obserued that the neglect thereof extinguisheth the remembrance of them and so the Lord loseth his inheritance for euery seruice of the Tenant is parcell of the same and the remisnes of looking into these tenures hath brought it to passe that infinite within this kingdome that hold in fee quillets of Land and some Mannoâ—s know not how or of whom they hold so that hereby Lords of Mannors of whom these quillets were heretofore knowne to hold haue lost their tenures and seruices and such as hold the Land by vnknowne tenures are cast into the danger to hold to their and their posterities further hurt Farm If Tenants will be wilfully obstinate and refuse to do and continue their vttermost seruices vnto their Lords as bound by their tenures béeing as you say parcell of the Lords inheritance they are worthy to be attached of disobedience and to pay for their contempts and if Lords will bée so negligent as they will not looke vnto their owne they are worthy to lose their right and therefore I hold it discretion in the one to do his duty and prouidence in the other to continue what is due
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
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
intelligencers and not honest Surueyors giue false informations to their Lords The course of an honest Surueyour Officious Informers dangerous for Lord and Tenant Tenants striuing in lowing and bidding inhanceth fines and rents Homage and fealty by free-holders A needlesse â—icenesse in free-holders to shew their deeds and lands to the Lord or his Surueyour Some Lords too remisse in surueying their land Information hurtfull in fines of land of inheritaÌ„ce customary Former fines and rents and the present not vnequall Iohn Stow. Wheat at twelue pence the quarter Rents of laÌ„d and prices of things grow together The causes why things haue growne to this extremity The perfection of a Surueyors office consisteth not in one part A plot of land necessary Great abuses that grow by Farmers and tenants that are freeholders Want of plots of land preiudiciall to Lords Tenants commonly wish not for surueys Who is a Surueyor What a Surueyor must be able to do Reuenues the sinnewes of Honor. A discreet Surueyor may be a good meane to manage the Lords reuenues Plotting of land and measuring is very auncient Grounds subiect to surrounding fit to be plotted Euery matter in moderne vse among men can not be prooued to haue had vse in holy Scriptures Ioshua 18. Surueying prooued by Scripture Euery man can not equally diuide Lands into many parts 3. Edw. 1. Extenta Manerii The Lords records and the Tenants informatioÌ„s are the pillers of a suruey The Suruey or by the Lords records may in some things guide the Tenants The auncientest Tenants fittest to guide the Surueyor Tenants vnwilling to accompany the Surueyor The law punisheth Tenants that will refuse to ayd him in his Suruey A good minde No profession without the feare of God can prosper The brauest is accompted most skilfull The simply honest most suspected Though the wicked seeme not to see their owne errors God seeth them and will discouer them Some are naturally inclined to some profession The manner of the execution not the matter executed hurteth Surueyers of the body A Mannor is a little Common-wealth Priuate and meane men suruey their small things euen their little Farmeâ— If reuenues decay a maÌ„s estate decayes Great Statesmen can not suruey their owne Lands The charge imposed vpon a Surueyor Wherein honorable persons do offend in neglecting their reuenues True surueys continue peace betweene Lord and Tenant The faulty will first finde fault A Suruey must be renued once in seuen or ten yeeres None mislike true surueys but deceiuers Lords that will not looke to their owne Lands are as dead images Euill will is neuer dutifull What Tenants should do in the Lords suruey View of Euidences necessary Entry of deeds conuenient for the Tenant The Tenants duty What things are euill in a suruey The principall causes of instituting Mannors Tenants ar now in conceit more free then in former times Auncient bondage Euery inferior estate is conditionall The Tenants seruice is parcell of the Lords inheritance Discontinuance of seruice hurtfull to the Lord. Seruice of the Tenant Lords and Tenants are bound each to other All that professe it are not Surueyors Ignorance in Surueyors dangerous Some not hauing the name of Surueyors may haue the skill A man may erre in whatsoeuer arte What a Mannor is Perk. fo 127 The beginning of Mannors Lords and Tenants why so called When Mannors began Inlandt Vtlandt Whence a Mannor taketh name Berrye quid Halls Courts Prediâ— Mesuage whence it taketh name A Mannor may not be made at this day 22. Edw. 4.44 22. lib. ass 53. 26. H. 8.4 Euery Mannor may keepe a Court Baron 35. H. 8. A Mannor may lose the property and so the name Fitzh 3. C. A Seignory How two distinct Mannors may be made one Parcell in seruice Copy and customary LaÌ„d and their difference Conuentionary TenaÌ„ts Rents of Assize why so called 3. kindes of Rents How euery kinde of rent is to be payd Rent charge most common at this day Rent seek Profites of Mannors are infinite and in all Mannors different Profites of Court Fines of land Fine why so called Amercements Heriots Heriots whence so called Mag. Cart. Ca. 3. An Earledome Waynes or wayned goods Waife whence deriued How to prooue wayned goods Forfeitures Forfeitures fit to curbe offendors The chiefe end of forfaytures A good meane to make Landlords sparing to take forfaytures The part of a good Surueyour Forfaytures diuers in dyuers Mannors A customeroâ— necessary Causes of forfeytures How and when a Lord may enter after a forfeiture What escheates are Escheat for want of heriots How escheates are found Perquisites of Courts Perquisites why so called Perquisites but not perquisites of Court Treasure troue How casualties may become certaine Policie in Bailies and ouerseers A Surueyor should be equal betwen Lord and tenant Commodities vnder the earth The wisedome of nature Psa. 70.16 Psa. 104.13 Ezech. 36.9 Psa. 109.3 4. Lords and tenants must acknowledge all to come from God Things made of the earth Wards PresentatioÌ„s The word Ward whence takeÌ„ Wards what they are What tenure drawes wardship The cause Statutes for the confirmation of wardships Mariage of Wards Three ends wherevnto the good education of Wards tendeth Why lords of mannors doe present Clarks No carnall consideration must moue a Lord to present a Clark What a Patron must consider in his choice A Parsonage or Vicarage no part of a Mannor Impropriations Tenure in villanage Villaine quid Villains came by conquest bondmen The farmer cares to pay his rent and labors for it Happie is the Tenant that hath a good Landlord A good resolution in a Landlord Good Landlords deserue loue A Surueyor ought to see the Lords euidence Great houses with small reuenewes cannot sute well Mart. lib 2. Great houses fit for great men Building often repented Many chimneys little fires The best situation of a house Earthen Conducts Beauland Manerium Beauland Manerium Owner of the Mannor Bounds of the Mannor Mannors intermixt Freeholders Felony Treason Bastard Demeysnes Demeisne in common fields Common fields and common meddowes Commons Incroching the Lords waste Parke demeisne woods Customary Tenants Briton sol 165. Descent of customary land Heyre Heriotable tenements dismembred Fines Forfeiture of Copy-hold Customes Custom roll Villaines Nieffes Remouing of Meeres or bounds Cotages Indentures Iustments Custome mil. Socome Fishing Fowling Wayues estrayes Mines Quarries Turffes and Peates Slate stones Marking stones Deere Conies Reprises and payments Markets Faires Pawnage Euidence Adâ—ouson Lords Baylie Steward Diocesse hundred c. Market Townes â—â—â—andum Euery Surueyor is to vse his owne method Beauland Manerium Finis 3. po 6. shill. 8 pe TenaÌ„ts must accompany the Surueyor in his peraÌ„bulation A plot of a Mannor necessary vainglorious Artists As instruments are diuers so men diuersely affect them All instruments haue one ground Planimetria Where â—o begin to describe a Mannor The mannor of describing The vse of the scale The diuiding of the scale How to find the number of perches in
The Surueyors Dialogue Diuided into fiue Bookes Very profitable for all men to peruse that haue to do with the reuenues of Land or the manurance vse or occupation thereof both Lords and Tenants as also and especially for such as indeuor to be seene in the faculty of surueying of Mannors Lands Tenements c. By I. N. PROV 17.2 A discreet seruant shall haue rule ouer an vnthrifty sonne and he shall diuide the heritage among the brethren Voluntas pro facultate LONDON Printed for Hugh Asâ—ley dwelling at S. Magnus corner 1607. ⧠To the right Honorable Robert Lord Cecill Baron of Esingdon Vicecount Crambourne Earle of Sarum principall Secretarie to the most high and magnificent Prince IAMES King of Great Brittaine France and Ireland Master of his Maiesties Wards Liueries of his Maiesties most Honorable priuy Councell and Knight of the most noble Order of the Garâ—er AS the Earth right Honorable was giuen to man and man after diuine was enioyned the care of earthly things euery maÌ„ in seuerall place qualitie and state the greatest receiuing thence greatest dignities euen to be called Princes of the earth So is it not the least regard that men of whatsoeuer title or place should haue of the lawfull and iust meanes of the preseruation and increase of their earthly reuenues And that especially by iustly atchieuing and rightly vsing Dominion and Lordship which principally grow omitting publique office and authoritie by Honors Mannors Lands and Tenants for according to the largenesse of reuenues are the meanes to enable the Honorable to shelter the vertuous distressed and to cherish such as by desert may challenge regard And according to their will and power therein is the vulgar reputation of their Magnificence But my good Lord as mine indeuor in this rude Dialogue tendeth but as it were to the plow So I omit to wade into the impassable censure of Honor and Dignitie wishing it euer deserued reuerence And as touching Land-reuenues wherwith many are but especially the Honorable are or ought to be principally endowed I presume onely in this simple Treatise to discourse So farre according to my sleâ—der capacitie and weake experience as concerneth the ordinary necessary meanes of the maintenance increase of Land-reuenues And because the true and exact Surueying of Land is the principall I haue herein indeuoured more of Desire then of Power for the vse and benefite of all sorts of men hauing to deale with land both Lords and Tenants to shew the necessitie and simple method thereof Most humbly intreating your good Lordship the fruites of whose and of your honorable Fathers fauours I haue many wayes tasted to vouchsafe me your Honorable pardon for presuming and your like patience in accepting at my hands this little mite which were it as great as any wel-wishing hart can intend good it were together with my poore selfe in truest seruice vnfainedly your Lordships It may therfore please the same to accept it so shall others the more willingly embrace it or the lesse disgrace it humbly recommending it to your gracious fauour At my poore house at Hendon prime Ianuar. 1607. Your Lordships euer to be commanded Io. Norden To the beneuolent Readers especially to Landlords and Tenants AS God in his high and incompreâ—eâ—sible wisedome â—â—th giuen unto man two beings a Spirituall and Corporal So hath hee enioyned him two prescript cares the one of diuine heueÌ„ly the other of humane and earthly things And although the first bee as farre more excellent then the second as the brightest Sunne exceedeth the blackest darkenesse yet hath hee not omitted to giue vnto all men an expresse commaundement to bee mindfull of the second Although it must bee confessed that no man taking an extraordinary care can adde aâ— of himselfe one iott of increase of any good thing neither can hee of his owne proper industry assure himselfe of any part of true prosperitie in this life yet must he not therefore dissolutely neglect his vttermost lawfull indeuour to aduance his own welfare which he neither can do without feare and trembling if hee call to mind the cause why the earth bringeth forth vnto vs of it owne accord nothing but the very tokens of our originall disobedience wherein â—s imprinted this Motto or Poesy of our shame With the sweat of thy face thou shalt eate thy bread alâ— the dayes of thy life And this without exception of persons Whereby it appeareth that none is exempted from labour and trauaile in one kind or other to maintaine his estate here Our Fathers of fame began it Adam digged the Earth and manured it Tubal wrought in Mettals Noah planted a Vineyard Abraham Lot Moses Dauid Elizeus Amos and many other godly and great men were Shepheards Gydeon was a Thresher of Corne. Iacob and his sonnes the Patriarkes were Herdesmen Ioseph a Purueyor of Corne in Egypt Paul made Tents Mathew was a Customer or Toll-gatherer Peter Andrew and others were Fishermen And Saul a keeper of Asses If these men began the way of labour in so many kinds who may say he is free in one kind or other And hee that in respect of his greatnes of birth or wealth will pretend a priuiledge of idlenes or vaine and vnprofitable exercises doth discouer his forgetfulnes or neglect of the dutie in earth which euery man euen the greatest oweth vnto the Common-wealth his owne family and posteritie And hee is censured euen by the mouth of God Worse then an Infidell that neglecteth these duties And none is excused or exempted out of this Law of prouision for his familie be hee neuer so high or meane not that such men as are honorable by byrth office or aduancement should till the earth or be Shepheards or Herdsmen But that they should according to their greatnes execute great place in the Common-wealth whereof after the care of Diuine things in respect of God that gaue them their greatnes they should haue care to performe some seruice in respect of the King vnder whome they enioy their greatnes To shew loue and diligent regard to ayd their inferiours in respect of whome they haue the imputation of their greatnesse To bee prouident in prouiding things necessarie for their Families that haue an interest to partake of their greatnes And lastly in respect of their posterities that are to becom the more great by their greatnesse And how can they do thus vnlesse they looke into and vse the meanes of the increase and preseruation of their greatnesse And for as much as the same consisteth for the most part in the reuenewes of land what greater care ought they to haue then to maintaine and lawfully to augment the same which decaying their Honor and honorable reputation diminisheth To preserue or augment Reuenues there must be meanes the meanes are wrought by Knowledge Knowledge had by Experience Experience by view and due obseruation of the particulars by which Reuenues doe or may arise Wherein are to bee considered the Quantities
and Qualities of Land with the present Rents and estimate values by a reasonable improouement which duly found to haue a due regard to proportion yeerely distributions and expendings with the annuall Incoms in such sort as alwayes the present yeere may rather adde vnto the next then the next to bee charged with the yeere past For when the present yeere shall expend more then the Reuenues of the same may beare the yeere following cannot but be surcharged and so will it surcharge the future so long that either he shall be forced to strike the topsayle of his improuident wasting in time or at length through the furious blasts of excessiue prodigalitie be blown vnder the water of disability by ouerswelling the sayles of his vainglory I speake not this in the way of attachment but of preuention And so I trust all men will take it and accept of my poore indeuour in this kind considering that necessary it is that al meÌ„ should know what it is to haue reuenewes namely first to know them then to vse theÌ„ to their own aduancement and to the good of others And because it is not the worke of the Honorable of such as haue high serious common-wealth imploiments to bee personal actors of their owne affaires in this kind they are to vse the seruice of such as are fit in knowledge and iust in dealing to trauel in this kind of busines by whose faithfull and sincere informations they may know what is iust and right to be done and demanded And in al fauour and clemencie to deale with such as are in this manner within the compasse of their commands and by whom and by whose labours they maintaine their greatnes for no doubt there is none but well considereth that how great or powerful soeuer he be in laÌ„d reuenues it is brought in vnto him by the labours of inferiour tenants yea the King consisteth by the field that is tilled And there is none of these inferiours of ordinary discretion but well knoweth that what hee inioyeth is by the fauour of his Lord in a sort And therefore ought there to bee such a mutuall concurrence of loue and obedience in the one and of ayd and protection in the other as no hard measure offered by the superiour should make a iust breach of the loyaltie of the inferiour which kind of vnion is no waies better preserued and continued between the Lord and tenants then by the Lords true knowledge of the particulars that euery tenant holdeth a fauorable course in fines and rents and by the tenants loue and thankfulnes in al readie seruice and dutie towards the Lord. And to that end it is no doubt expedient that Lords of tenants haue due regard of their owne estates namely of the particulars of all their tenants landes and that by a due true and exact view and suruey of the same to the end the Lord be not abused nor the tenants wronged grieued by false informations which coÌ„monly grow by priuat Inteligencers neuer by iust Surueyors And because the office of a Surueior duly waid is an office both necessary expedient of trust It behoueth him to be first honestly and vprightly minded and next skilfull and iudicious in the facultie Then can he not but by industrie and diligence produce an exact discouerie and performance of the worke he vndertaketh to the true information of the Lord whose benefite and vttermost lawfull profite he is to seeke in a good conscience disswading him yet from distastefull Auarice the greatest blemish that can befall a man seeking true reputation and renowne by his reuenues For too much seueritie afflicteth the hearts of poore Tenants who by common experience are found to be more firmely knit in the band of true dutie loyall affection and readie seruice vnto their Lords by their Lords frugalitie sweetened sometimes with the chearefull drops of true liberalitie then by the extreames of austeritie vaine prodigalitie or compulsiue exactions And yet not so as Lords of Tenants should be so ouerswayed with abused lenitie or carelesse looking into their owne as may breed contempt in Tenants but rather that they should keepe such an eeuen and equall hand ouer their Tenants as may continue mutuall loue and in them a louing feare And not to seeke the increase of reuenues so much for vaine glories as for vertues maintenance Which will appeare by doing good to deseruers by their vertuous life A worke of true vertue when contrarily vaineglorie seeketh idle and vaine reputation by vniustly atchieuing and either prodigally consuming or too miserably increasing Reuenewes which I must leaue to euerie mans owne fancie wishing all to fashion their waies in this kind to Gods glory the Kings seruice the good of the Common-wealth and to other such ends for which God hath giuen them greatest earthly blessings recoÌ„mending vnto you this simple rude lumpe of which if some more skilfull will bestow the re-licking bring it to his true shape my selfe with many others should thankfully imbrace it In the meane time friendly accept it and in kindnes afford sparing reproofe Eccles. 7.13 Wisedome is good with an inheritance Yours I. N. The Printer to the friendly Reader THe Author â—ot being present at the examination of the proofes sundry faults haue escaped by mistaking the copie which faults the Author sâ—nce for the most part hath reformed and if you find any not corrected I pray with patience beare it and vse the meanes to reforme it I pray the Reader to correct these faults committed in Printing in absence of the Author vz. Page 5. line 20. for vnder read ouer pa. 7. li. 27. for farme read same p. 8. l. 15. for rudely read readily ibid. l. 32. for estimate read extenuate p. 9. l. 31. for there read their p. 12. l. 3. for Surueyors read Surueyes p. 14. l. 4. for corruption read compasse p. 45. l. 27. for Mannors read mannor p. 53. l. 21. for sine read sine p. 58. l. 9. for seruice read fee. p. 62. l. 34. for promise read prouiso p. 119. l. 19. for former read forme p. 88. l. 2. for leaser read leasee p. 76. l. 16. for person read purses p. 74. l. 32. for our read one p. 44. l. 28. for can read ran page 39. line 21. for affirmeth read assumeth The Author to his Booke LOoke ere thou light into the hands of some Some lay but traps to catch thee in disgrace Disgrace thou none be silent where thou come Yet thou shalt come where Momus is in place Place thee with those whose hearts aright do see And seeing iudge in fauour faults that be Faults be in thee who sayes he doth not erre Erres in conceit that he alone is free And such not free will sure thy faults transferre And for one fault transferre them ten in thee Not thee in this but me they discommend That I abroad do thee so basely send Base I thee send excuse me what thou can If
Sir because I say you are in some sort the Lords I tell you that I mistake it nothing at all for as the King is Supreme head and Prince and defendour of all his Subiects so vnder the King is euery Lord of a Mannor chiefe and head ouer his Tenants namely 〈◊〉 such as hold of him And he hath a kinde of commaund and superior power ouer them as they are his Tenants and for that cause he is called and they doe acknowledge him to be their Lord. And what doth the word Lord import but a Ruler or Gouernor If he be your Lord then are you his to be gouerned in causes determineable within the Mannor and as I will heereafter prooue the Lord of the Mannor may commaund his Tenants to accompanie him into the Field against the enemyes of the King by reason of some tenures and they are to follow and be commanded and directed by him and if they refuse the seruice the Lord may distraine for it or may enter vpon their Lands and resume it as his owne in some case so that I may well say that in a sort euen your lands and your selues are the Lords The vse and occupation iâ— yours but if the land were so yours as were none aboue you you might then call it yours but so is none but the Kingdome which the King holdeth of none but of God And no man is so absolute within the Kingdome but he holdeth his land of some Mannor or person or of the King And of whom such land is holden the same is called the Lord of that land after a sort because it is held of him by some kind of 〈◊〉 or seruiâ—â— and by possibility this land may come vnto and by law be cast vpon the Lord 〈◊〉 whom it is holden as if you be so willing as you seeme to talke of these mysteries you shall anon perceiue And therfore you can not but say that the land and your selues are in some sort the Lords And therfore is it not lawfull for the Lord of the Mannor to enquire and examine of the things in those kinds belonging vnto him And if there be cleane and plaine dealing among tenants they need not feare who looke into their lands and estates But if there be deceits and wrongs against the Lord policie willeth you to banish any man and to barre all the meanes that may discouer them though equitie and honestie be contented to discouer all things to the manifestation of truth Are not these the matters of chiefe importance that disquiet you The measuring of your lands the obseruation of the quality and estimating the value of your lands Farm It is true for these are the causes that our rents are increased and our fines raysed and this would the Lord neuer do if such as you did not inkindle the Lords desire by your soo seuere scrutations examinations impositions imputations for were the Lords of Mannors ignorant of these things us in former times poore tenants might haue things at the rate they had in former times Sur. My friend if I compare you to a dead Image be not offended for I perceiue you haue eyes to see and yet you see not you haue a heart to vnderstand and yet your vnderstanding is amisse Farm I am beholden to you Sir to make me worse then a beast for a beast hath the things you say I want how prooue you what you haue sayd Sur. Because you impute your great impositions vnto the acte of an honest Surueyor when I will assure you and prooue that the cause is in and of your selues Farm Then in déede you might account vs brutish if we would worke our owne woe Sur. I perceiue though you may be a good worldly Farmer you are but a meane obseruer of the course and carriage of things passing dayly vnder your nose He that hath seeing eyes and an vnderstanding mind may easily see and perceiue that there is no Mannor nay no Farme be it great or little farre off or neere hand but hath bin and dayly is discouered by priuate intelligencers lurking in or neere the same prying into estates â—yming at the quantity wide short or ouer seldome hitting right obseruing also the quallity and glauncing at the value of euery mans land and therefore secretly and vnder-hand do informe the Lords of the Farme and they being credulous ouermuch and not a little couetous build their demaunds both of rents and fines vpon these most deceiueable informations whereby the Lord is abused and the Tenant wronged whereas were the things seeme viewed and surueyed by a iudicious and faithfull Surueyor who vpon due consideration and discreet obseruation of all particulars giues in a true and indifferent certificate vnto the Lord vsing rather his vttermost indeuour to moderate and mitigate the Lords excessiue demands then aggrauating the validity beyond reason or a good conscience you would be of another minde and I protest I hold that Surueyor a very bad man that will either for affection or bribe carry a parciall hand betweene the Lord and his Tenants yee sith he holdeth as it were the beame of the â—â—â—tance he should rather giue the better waight to the weakest respecting nothing but a charitable course to be held by the Lord for whom he trauaileth with the Tenant against whom if he speake not he shall be often suspected of the Lord to be parciall But if there be equall consideration on all sides the Lord will beleeue the Surueyor deales iustly and the Tenant rest satisfyed willingly to leaue or râ—dely to accept as his owne iudgement agreeth or disagreeth with the things propounded For this haue I obserued that oftentimes Tenants consider not when they are kindly vsed neither see they at all times when they are abused Farms Truly I beléeue you in part for indéede there are euen amongst vs to y e Mannor wherein I dwell officious fellowes that to procure the Lords good opinion will pry into mens estates indéede as you say into y e quantity quality value of mens lands and giue false information oftentimes and I know it is a foule abuse and of the two I rather allow a true suruey then a false report for such fond fellowes as are thus busy in other mens causes are of all meÌ„ least to be beléeued for they speake always for affection or gaine for they wil 〈◊〉 the value of them they loue or haue gaine by and aggrauate the same as their hope is of the Lords reward all this I know without your report But what is that to the thing you charge poore tenants withall that they art the cause of their owne hard measuree 〈…〉 Sur. That can 〈…〉 and I thinke I shall haue the whole world to witnes it for your further satisfaction who can not your selfe be ignorant of the same thing for you haue in part 〈…〉 of whom you â—ast spake 〈…〉 case theÌ„ not all nay I â—â—cuse none in particular for
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
such like Will you not regard the estate of your Cattell their number health and safety And haue you not a continuall watch ouer all your seruants and children and to the preseruation of things within and without If you do thus in one small Farme what would you do in ten could you see vnto them all your selfe If you had as many Mannors would you sit at home and receiue the rents and fines that your Tenants would bring you without consideration of the estate or values quaÌ„tities or qualities of the things for which you receiue their money And why haue you this care or would you looke into these things Is it not because it is your liuing and liuelyhood by which you and yours are maintained And how much the more it is neglected so much the more it decayeth and if it decay in quantity you can not continue equall in quality And can you therefore thinke it a hard course in that Lord that hauing his Lands which are his liuelyhood dispersed in diuers parts of the Realme to which through greater imployments of importance hee can not personally resort if hee could it is neither his experience nor fit for his calling to trauaile therein to authorize and send such as may take view of his reuenues and of the estates of his Tenants who are by custome and law in many things bound vnto him and that by such his substitute he may be truly aduertised of what he hath and how his meanes do arise that he may proportion his charge and expences accordingly and whether he be abused by his Tenants or his Tenants by his officers or one Tenant by another or the Lord wronged by confining Lords by intruding too far into his Lands how rents be answered and customs continued how free-holders do performe their suits vnto his courts how his tenements are mayntayned and repayred how his woods are preserued his fishings fowling and prerogatiues mayntayned All which by how much the more they are neglected and let run without view or suruey so much the more doth the Lord weaken his estate and preiudice his heyre wherein it can not be denyed hee offendeth God deceyueth the King and defraudeth the Common-wealth God in that he is carelesse of his blessings bestowed vpon him The King in that he wilfully disableth himselfe to doe hym the seruice he oweth him in body and goods and the Common-wealth in that he disableth himselfe to giue it that assistance that his quality and place ought to affoord and consequently sheweth hymselfe vnworthie to ouersee matters of State and Common-wealth that is carelesse to see vâ—to hys owne Furthermore where a due and true suruey is made and continued there is peace mayntayned betweene the Lord and his Tenants where if all things rest betweene them confused questions and quarrels arise to the disturbance oâ— both In priuate familyes if there be none to ouersee and to manage things domesticall what disorders what outrage what vnciuill and vngodly courses and what spoyle and ruyne of all things doe follow The lyke of necessity where Tenants are left vnto theyr owne will and yet as the vnruly companie in a family could be contented to bee masters of themselues and to haue no controulement So Tenants can well brooke theyr Lords absence and that they might be theyr owne caruers and that the Lord should haue what they would yeeld of theyr owne accord I speake not of the honestly minded but where a multitude is without a guide or gouernor there is disorder and disorder breedeth complaynts and complaynts are vnsauory to a kind Land-lord who must be forced for redresse to punish the offendors and the most offensiue will speake most of theyr wrong and wyll soonest exclayme against any course that may keepe order So that to conclude I affyrme that it is most requisite and expedient for due order sake that euery Lord of a Mannor should cause his Lands to be duly seene and truly surueyd and certifyed and once in seuen or tenne yeeres to haue it reuiewed for the inconueniences that growe by the neglect thereof are of so many kindes and they so dangerous lyke the most perilous disease long concealed that they worke contempt in the Tenants and losse to the Lord. Now to keepe this vpright betweene the Lord and hys Tenants I thinke you can not deny but a true and honest Suruey is necessary and lawfull and may bee performed with a good and safe conscience and in the feare of God if as I haue sayd the conscience bee not before stayned with the corrupt desire of vnlawfull gayne and as I sayde before I thinke fewe or none wyll mislike the course but such as are fare gone in some disease of deceyuing theyr Lord which can not indure to haue this kynde of salue to come neere theyr sore Farm Truly Sir I know not how to answere you but doo consent to that you affirme For for mine owne part I can not but confesse I can finde nothing in mine experience to contradict your speech But pitty it is that Surueyors should be ignorant or vnhonest for the one especially abuseth the Lord and the other wrongeth both Lord and Tenants Sur. But whether is there cause in your conceit to approue or reproue the profession as it is simple in itselfe Deliuer your mind plainely leaue not a scrâ—ple in the minds of your neighbors that haue exclaymed with you against them that neuer offended them reproouing as much as they durst Lords for looking into their owne land and vnlesse Lords were dead images or pictures of men hauing only the name of Lords and could not at all command their Tenants that could neither heare see nor consider what were fit to be done with their owne proper reuenues I can not but wonder that any should spuâ—ne against them herein Farm I thinke you speake something too forceably against Tenants in generall for surely all are not opposite to this course though some be Sur. I condemne none but I reprooue some that of mine owne knowledge haue giuen testimonie of their inward dislike by their outward murmors for what is done with an euill will can not be sayd to be done at all Such as come cheerefully to the seruice are dutifull and I hold it impiety to abuse them but the vnwilling deserue little fauour Farm What should Tenants principally do in such a businesse Sur. Nothing but that law custome and duty requireth at their hands to giue their best ayd to the Surueyor to trauell with him about the circuit buts bounds and limits of the Mannor to informe him of the same and of euery particular mans land and rent to shew him their copies leases and deeds to the end he may enter and inroll theÌ„ all together in a faire booke for the Lords vse and for a perpetuall record for themselues Farm For information and shewing the particular grounds and bounds of the Mannor indeed
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
himselfe of any extremity that is only to be reprooued but the abetter there unto and if I wist that any Lord who shall â—â—quire the vse of my poore trauaileâ— would expect more at my hands then the performance of my duty with a good conscience I had rather leaue then take the reward for such a trauaile Neither do I find that you howsoeuer you reason of this poynt will commit any act towards any Tenants you haue that may not be iustified by the law of loue therefore I leaue further to perswade or disswade you herein And as touching the matter and manner of forfeitures I pray you vnderstand that they be of diuers kinds and diuers wayes committed for in some Mannors it is lawfull to do that as â—ath in others incurrâ—s a forfeiture Forfeitures grow either by brâ—â—ch of a custome as in Customary or copy hold Land or of a condition or promise in a Lease or graunt of which last the Tenant can not say he did not thinke it was so because the meaning is expressed in his deede but of 〈…〉 in some sort ignorant 〈…〉 them to leade them But for the most part causes of forfeitures are apparent and knowne of all within a manner as non payment of their rent not doing his seruice 〈…〉 where custome inhibits it letting his 〈…〉 to fâ—ll 〈…〉 the Lords 〈…〉 waste and such like which as I sayd before are not alike in all places and therefore it is most conuenient that the customes of euery Mannor were knowne and the Tenants made acquainted with them that when question groweth for any cause of forfeiture they may not say they knew it not for Lords commonly know better how to take aduantages of such casualties then the Tenants know how to auoyd them Lord. You speake that is reason I confesse But may a Lord enter immediatly vpon a forfayture Sur. The forfayture must be first presented to the homage at the next Court holden for the Mannor and there found recorded then hath the Lord power to shewe Iustice or mercy It were inconuenient that the Lord should bee iudge in his owne cause and â—his present caruer of things doubtfull And therefore hath the Lawe ordained in all controuersies euen in these inferiour courts a iust manner of tryall by Iury. Lord. May none but Copyhold Tenants forfayt their land Sur. I shewed you before that Tenants by deede indented for life or yeeres may forfeit their estates but that is by couenant or condition expressed in the deede according to the prescript agreement made and interchangeably confirmed betweene the Lord and his Tenant Lord. What is an Escheat for as I remember that followeth in your formerly râ—citeâ— perquisites of Court Sur. Eschete is where a freeholder of a Mannor committeth felony the Lord of whom his Land is holden shall haue his Land and that kinde of forfeyture is called escheat Lord. The Lord may then enter immediatly into this Land because the lawe hauing tried the felony it casteth the Land vpon the Lordâ— Sur. The King hath it for a yeare and a day and then commeth it vnto the Lord and his heires for euer Lord. Is this all the causes of escheats Sur. Escheat may also be where a Freeholder Tenant in ancient demeisne and a customary Tenant of inheritance dieth without heire generall or speciall none of the blood comming to claime the same it falleth vnto the Lord by way of escheat Lord. This then is immediatly the Lords and the King hath no part or time therein and without any further ceremony he may enter dispose of that his pleasure Sur. It must be also first sound and presented by the homage of the Mannor whereof it is holden and after proclamation made to giue notice vnto the world that if any can come and iustly claime it hee shal be receiued the homage then finding it cleere doth intitle the Lord therof as a thing escheated for want of an heire Lord. You speake of an heire generall or speciall what difference is there Sur. The heire generall is of the body of the deceased and the speciall of his bloud or kinne Lord. So haue you satisfied me thus farre nowe what say you to the pleas of Court for I remember it is part of that you before spake of Sur. It is true they are parcell of the Perquisites of Court Lord. Whereof commeth the word Perquisites Sur. Of the word Perquirâ— as I take it which signifieth to search for or to enquire diligently as also to get or obtaine Lor. It may well be so for these things before rehearsed vnder the name of Perquisites are all casuall and not at all times alike and therefore may be called Perquisita things gotten by diligent enquiâ—â—e And to that end so many things are giuen by the Steward to the Iury of a Court Baron Leeâ—e in charge that they should diligently enquire of them finde them and present them and yet scarcely one of forty of the seuerall things wherewith they are charged are found by the Iurie And some things happen at one Court that happen not againe in twentie Courts after and therefore are also called Casualties as happening now and then as I conceiue it hauing little experience in them Sur. Yes it seemes you haue the better part of experience namely comming in of the profite of the things where some know the same but they know them as appertaining to others not to themselues But of this nature are the profits that arise by Pleaâ— of Court which because they are diuers and doe diuersly arise there needâ— no long relation of them Lor. Are there no other Perquisites of Court but such as you haue already remembred nor other 〈…〉 Mannor Sur. There be many other profiâ—s that may grow also vnto a Lord of a Mannor yet they not certaine nor in all Mannors alike Lord. Then are they also casuall and may â—e called also Perquisites of Courts 〈…〉 Sur. Casuall But noâ— perquisites of Court yet foâ—â—e of them may be called perquisâ—â— in some sence because they bee gotten by search and inquitie as those that are hidden in the earth as Treasures which as long as they lie vnknowne benefit not the Lord but when they are found they are called Treasure troue as Siluer Gold Plate Iewels and such like before time hidden which appertaine vnto the Lord. So doe minerals of Lead Tiâ—â—e Copper and such like And quarries of stone Free-stone Sâ—aâ—e-stones Marking-stones and all such which may long lie vndiscouered As may also Colâ— Lime Chalke and such for which search being made are haply found yet because the benefite is vncertaine vpon the present and what continuance and vent it may afford they may passe vnder the name of Perquisâ—â—es and Casualties as may also Fishing and Fowling vnlesse the Lord can bring the same to bee a certaine conâ—â—â—uing rent Then are they no more casuall during the graunt
but are in nature of other rents certaine And of these kinds are infinite other things incident to some Manors but not to all As the profits of Faires and Markets Woodsales sales of heath flags and Turburie paâ—â—nage and such like All which are in themselues vncertaine as touching the value vnlesse they be turned into a rent certaÌ„ine Lord. Sur. Yet the Lord must be 〈◊〉 howe he lets these casuall thinges before hee knowe what they are how they rise what profite they may yeeld how they will continue and to whom and vpon what conditions he graunt them Otherwise he may bee ouertaken and much abused for a secret once â—et can not be reuoked aâ— pleasure Lord. Sur. Therefore I say it behooueth the Lord to whom such casualties shall befall first to make due and diligent triall by men both of trust and experience what may bee made of any such thing by the yeere for such is the waâ—y dealing of some that haue the guiding of things of this casuall nature that they will obserue the conditions and qualities circumstances and value to themselues and disable the thing and estimate the value to the Lord to bring him out of conceite with the goodnes and validitie thereof to the end they may obtaine a graunt as hath fallen out in many things and to many men whose future profite of the things thus atchieued haue approoued the Lord to be much abused This I knowe by experience in the graunt of a cole mine which as long as it was in the Lords hands it yelded a small yeerely reuenew vntill he that managed the same got a graunt of the Lord and then the profite was twice quaâ—rebled by the lessees own confession The like of a Saâ—â— on fishing wherin the Lord lost two parts in three yet at the time of the letting made to beleeue it was hardly worth the rent yet would I wish that Lords of Mannors in these casual things would be contented after true triall made to grant the same for a reasonable â—eÌ„t though the lessee gain for the trauaile and hazard in these vncertaine whereby I may apprehend truly the full estate of my Mannor as belieeue 〈◊〉 and what commodities do rise or may by any meanes lawfully be raised in the same Sur. If a painter should draw your picture Sir and you hauing a blemish in your face or defect in your limmes would you thinke he dealt truly with you if he omitted the blemish and made your liue ameÌ„ts perfect straight being deformed crookeâ— Lord. I know your meaning I like no such flatterie neither would I he should make a straight leg crooked but true conformitie in all parts Sur. So will I as neere as I can for neither in quantitie qualitie nor value will I for I ought not be partiall for these are the things wherein inâ—uâ—â—e may be done to the tenants neither will I for I ought not coÌ„ceale or counterfeit their estates terms of yeeres liues couenants or conditions rents seruices forfetures or offences neither whatsoeuer profites emoluments or commodities that may any wayes arise or grow vnto the Lord. For a parciall eye seduceth the heart and the heart the hand and the hand the pen which cannot but witnesse against a corrupt entrie of these collections many yeeres after the Surueyor is in his graue Lord. Thou speakest as an honest man and I mislike thee not if thy words and thy works agrée And séeing we are growne thus farre I pray thée make an end of thy whole discourse tell me what else appertaineth to a Mannor Sur. I haue alreadie declared the most But Mannors much differ in their profites For a Mannor of small quantitie of land and few tenants may be more beneficiall to the Lord then a farre greater Lord. How may that be Sur. Diuers Lordships yeld extraordinarie comodities some vnder the earth some of the earth some aboue the earth as Tiâ—ne lead copper cole stones milstones and such like found vnder the earth which euery Mannor hath not Lord. But these are chargeable commodities to get Sur. So is the Lord of the Mannor at no cost in planting plowing setting or sowing them Lord. That is true but commonly the land is barren where these things are found And therefore it is a great worke of diuine prouidence to yeld such a commoditie from vnder the barrenest soile to supplie the want thereof in plates more fertile of other things more behoouefull for the reliefe of man And yet in many of â—hese barraine places groweth by the diligence of man corne in aboundance as the Psalmist sayeth A handfull of corne shall bee sown vpon the toppe of the Mountaine and the fruit therof shall shake like the Trees of Lebanon Sur. Wheâ—e diligence is and the feare of God there no doubt God blesseth the labors of men and watereth euen the highest Mountaines from his Chambers For when Israel turned to God from their Idolatrie hee promised by Ezechiel that their desolate places and high Mountaines should bee tilled and sowne But he maketh a fruitfull land barraine for the sinnes of them that dwell therein So that whether God send his blessings vnder the earth vpon the Mountaines or in the Vallies whether in grasse for Cattle in herbes for the vse of men whether in Wheate Oyle or Vines he truly intâ—tleth none vnto them but such as feare to offend him and shewe thankfulnes Lord. Though these words digresse from our present matter in hand somewhat yet it is good that both Lords and tenants should know and acknowledge indéed froÌ„ whom all these good things do procéed For although they come some from vnder the earth some of the earth and some aboue the earth they â—e not yet the gifts of y e earth but of God that hath prouided the earth to bring them foorth to our vse But what mean you by the things of the earth come not these of the earth Sur. Yes I confesse iâ— but some things are more perfect of themselues then other But such as by an extraordinarie working of mans art are made of the earth I tearme things of the earth and they also rest to the benefite of the Lord of that Mannor where such earth is found as the earth whereof Allome Copras Salt-Pâ—ter Glasse or other such is made together also with Fullers earth Bricke Tile and Potters clay which are not common Lord. Is there any other thing Materiall incident to a Mannor Sur. Yea and amongst all the rest of the priuiledges which the Lords of Mannors haue to raise their further benefites by are two not yet mentioned wherein if they be not very precise and circumspect how they bestow them and in what sort they dispose of them there will follow a fearefull account when the great Lord of all Lords shall take suruey of the things done by the Lord of the earth Lord. What are these things I pray you that you make such scruple
to vtter them Sur Things of themselues lawfull by the lawes of the Land where they be iudiciously and carefully handled as they are by the lawes intended and by the chiefe disposers meant namely the mariages of Wards and disposition of their lands in their minorities and the presentations of benefices in the gifts of priuate men Lord. For the first I haue yet no occasion to make proofe how or what they are but the second I haue had some power to bestow wherin I was not so remisse as that I presented such as were not fit for y e funâ—tion which I thinke is your meaning therefore let that passe awhile learne me what a Ward is and how he and his land is to be disposed by the lawe that I may learne it against the time I may haue vse Sur. The word Ward is as much as guard which signifieth tuition or defence and he that is in ward is vnder some mans gouernment and keeping and the word hath a passiue signification as it is vsed in our common speech and yet the same word is also vsed in the actiue sence as they that watch or attend for the defence of any are called the ward or guard of that person or thing they do protect But the wards whereof we are now to speake of are the sonnes or daughters heires to some person that held his land either of the king in chiefe or of some inferior person by knights seruice whose heire male being vnder the age of 21. yeeres and the female within the age of 14 yeeres the Lord shall haue the ward guard or custodie of the bodie and of the lands so holden of him to his owne vse vntill they come to these ages without making account to the heire when he or she comes to age as law bookes will tell you Lord. Then me thinkes the word as it is commonly vsed is improper namely to call â—uch an heâ—â—e a ward it is more proper to say he is in ward or as the Lawâ—er sayes a ward Sur. I take it as yâ—u do Lord But what is the reason that the Lord shuld haue the land to his owne vse why rather do not y e profits redound to y e vse of y e heire in his minority Sur. This kind of wardship had some reason for it in the beginning For you must vnderstand that he whose sonne or daughter is to be thus guarded and his land to be disposed by the Lord was in his life time bound by the tenure of his land to do manly and actuall seruice in person in the time of warre or to keepe a castle â—ith some kind of warlike weapon in the time of war and peace And these kinds of capital seruices were called either tenures in capite as holden of the king who is the chiefe Eâ—â—nage vncertaine grand seriâ—â—â—tie or some other like seruice and was called seruiciâ—m miâ—â—tare seruice of a soldier now called knights seruice These seruices were not to be discontinued for to that end were the lands first giuen by the king and other inferior Lords of MaÌ„nors that they might haue the continuall seruice of their tenants And therefore whensoeuer the tenant of such a tenure died hauing none to supply the place of like manly seruice the heire being vnder age and not of power the Lord was and is supposed to be bound for the defence of the Realme to performe the seruice by a person for whom he must answer in the heires minoritie And because the charge was in former times great and dangerous and the land giuen onely for that cause the Lord was to keepe the heire and to see him trained vp and to be made fit for the same seruice and for his maintenance supply of the seruice to haue the vse profit of his land vntill he became able to performe the seruice himselfe in person Lord. I thinke this to stand with great reason for if it had not bene thought reasonable the lawes would not haue prouided in that case as they haue done as it appeareth by your relation Sur. Many Statutes indeed haue bene made touching Wards Mag. cart ca. 4.7 28. Maâ—l cap. 6.7.8 c. Westm. 1. Westm. 2. and many Statutes since to which I refer you too long here to relate Lord. What néeded you then giue such a strict caueat touching Wardes Sur. Truely to put Lordes and others into whose hands they often happen in mind to be carefull of their education and disposing because many incoâ—ueniencâ—s follow if their Guarders be not faithfull and prouident for their wel bestowing Lord. How in bestowing Sur. In mariage For the Lordes haue the mariage both of the Male and Female if they bee vnmaried at the time of their ancesters decease And it falleth out many times that partly for their land and partly for their mariage they are bought and sold and marryed yong and sometimes to such as they fancie not when they come to riper iudgement they bewray their dislikes too late And sometimes their education is so slenderly regarded that when they come to gouerne themselues and their familyes their estates and patry monies they discouer what their education was good or euill Lord. There bée thrée especiall ends whereunto the good education of such an Infant should send The 〈◊〉 and principall is the feare of God in true Religion the second is the benefite that the Common-wealth shall reape by his vertue and sufficiencie the third and last the abilitie by which hee may gouerne his familie and manage his patrimonie for his best maintenance But what can you now say touching the second of these chiefe points Namely the presenting of Clarkes vnto Ecclesiasticall 〈◊〉 and how it commeth to passe that our Lay man as he is called may nominate and present a Clarke to a Parsonage Uicarage or 〈◊〉 Chappell whose function is high and diuine Sur. The reason why these Lay-lords of Mannors do presâ—nâ— as aforesaid is in right of the Parsonage Vicarage or free Chappell belonging to their Mannors where the Lord of the Mannor is very and vndoubted patron of such an Ecclesiasticall gift hee may make his choice of the parson or vicar Alwayes prouided by diuine ordinance humane instituâ—ions he must be Idoneus fit for the place Lord. But lye thâ—t in the Lords power onely to nominate and present such a one and is it then sufficient if hee deeme the partie fit Sur. No he must be approued fit by his Ordinarie the Byshop of the Diocesse by whom he must be instituted and 〈◊〉 Lord. Then is the Lord in his nomination and presentation cleared of offence to the Church if the partie prooue after insufficient Sur. He is in some sort But he is bound in conscience to be very circumspect in his choice For iâ— any carnall consideration mooued him to the partie he standeth not cleare before God into whose steade he intrudeth himselfe after
a sort in this case But if he do it in a godly zeale of the good of Gods church he will ayme onely to the vertues of the man and not to any humane respect For although the party haue an higher probation namely by the Bishop that is especially of his literature which is easily found by examination But his qualities conditions and conuersation by time and experience and that most the present or haue good triall of before he either name him or present him For he is as it were the hand that reacheth him forth to be receiued of the church A matter farre higher and of gâ—eater moment then euery man that couers adâ—ousons for such presentations sake can reach vnto by their rashnes For if they weyd the matter in the ballance of diuine iudgment they should find their vnderstandings far too light to performe it as they ought For if he proue vnprofitable of scandalous to the Church as too many doe he that presented him so vnaduisedly will fearefully answere it in time to come Lord. Now surely although peraduenture some may thinke these things digresse much â—â—ouâ— matters of Suruey yet I hold thy wordes within the compasse of it for these are necessarie obseruations and admonitions to vs that are Lords of mannors and â—o whose lot it often falleth to performe this worke And I hold thou hast in this done no more theÌ„ aâ— honest Surueyor should 〈◊〉 aduising men to be wary how they dispose of this part of their patrimonâ—e Sur. Sir I hold it neither part of their patrimonie nor part of a mannor neither a thing vnto them of any aduantage to their person but a thing appertaining vnto the Mannor iâ— such sort as the Lorde may dispose of it as before is sayd and the greatest benefite is that he may vpon the vacation appoint a worthy man to teach himselfe and his tenants which as I coÌ„ceiue it is a sweet gain for by the godly Minister he and they may gaine heauenly riches Lord. As thou sayest it is a great benefite nay it is a high blessing to haue a godly teacher of y e people and it is a blessing of God an him that hâ—uing a godly care findeth nameth and presenteth such a one and wo to him that negligently or wilfully doth the contrarie But what say you â—â— impropriations for they also are within the compasse of a Suruey where the Lords take the tithes and nominate a Minister Vicar or other hireling and he oftentâ—mes vnworthy serues the turne as is commonly obserued in too many places of this Realme Sur. I know too many such the more to be lameÌ„ted that in MaÌ„nors of great value parishes very populous whose continued ignorance of diuine duties bewrayeth the originall to proceede first from that Satanicall beast to foster monasticall idlenesse And as a matter too high for me to aime at the 〈…〉 formation I reuerently leaue to their 〈…〉 haue authoritie to reproue it and power to reforme it Lord. 〈…〉 is there to be considered touching the 〈…〉 Sur. Nothing Sir that I now remember but a matter almost out of vse a tenure called Villanage that is where the Tenants of a Mannor were Bondmen and Bondwomen the men were called Villaines and the women Neiffes Lord. It hath a base title A Villaine is an approâ—rious 〈◊〉 howsoeuer it tooke beginning Sur. As the word is how vsed and taken it is indeede a word of great dishonor but the time hath beene the word hath bene of no such disgrace And it is now but as the thing is ment by the speaker and taken by him to whom it is spoken although some say that a villaine is quasi serâ—uâ— which name indeed is of a more tolerable construction in our common sence then is now the name of 〈◊〉 which is indeed no more then villanus a Rustique or Countrimâ—n which word is in sence contrary to Ciâ—es or 〈…〉 that since the Conquest by the Normanes these villaines became bondmen for where the Conquerour came and preuailed by force there the Countrey people became Captiues and Slaues But Kent which was not subdued by the sword but by composition retained their freedome still as did also many Cities Lord. Why then should the name villaine bée so odious if it 〈◊〉 but a Countriman for there are many honest ciuill and wealthy Countrimen Sur. Because they indured vnder that name many too much frugaâ—itie and that he needes not to care for getting more he hath no rent to pay but some to receiue which will maintaine him and when he is gone all is gone spending is easier then getting And thus by little and little roweth himselfe and the hope of his posteritie vnder water in the calme weather Whereas he that hath a rent to pay is not idle neither in hart nor hand he considers the rent day will come and in true labour and diligence prouides for it and by his honest indeuors and dutifull regard gets to pay rent to his Lord duties to the King reliefe to the poore and maintaines his estate more pleasing to God more obedient to the King more profitable for the common-wealth and more truly contented in minde then sometimes his thriftlesse Landlord I inferre not yet by this Sir that because they sometimes thriue well that liue vpon rackt rents therefore you Landlords should impose the greater rent or fine that were to doe euill that good might come of it nay rather to doe euill that euill may followe for if there bee not a meane in burdens the backe of the strongest Elephant may bee broken And the best and most carefull and most laborious and industrious husband may be ouercharged with the rent of his Land Happie therefore is that Tenant that meeteth with a considerate Landlord and happy is that Landlord that may see his Tenants prosper and thriue and himselfe haue his due with loue And on the contrarie I thinke it will bee very vnpleasant to a good minde to see his Tenant to be ouercharged and be forced to fall vnder the burden of ouer-heauie an imposition Lord. Wel I haue heard all thy discourse with patience and indeede my desire was to heare thee in these things and I mislike not any thing in thy whole relations and thy conclusion is not amisse though perchance some young nouices of the world might censure thee reason will not but alow whâ—â— thou hast sayd And I wish that all the Tenants that I haue may liue vnder me with comfort for to tel the truth I had rather buy a smilâ— and a good report of my faithfull tenants somthing to my losse then to get their frownes to my gaine For there is no comfort in a discontented people though some haue said Rustica gens optima flens pessima gaudens which may hold among Infidels and vndeâ— Tyrants but not among Christians that should not grieue one another Sur. I am right glad Sir
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
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
or Hay so much the sweeter and thicker if you keepe it low eaten Bay I thinke you mistake the weed you meane I take it Furse or Whyns which some call also Gorse Sur. I thinke I mistake it not but such as call Furse Gorse are as much mistaken as they that call Brakes Broome Bay Because you speake of Broome I know a Lordship of my Landlords which no doubt you shal suruey too it is much pestered with Broome and there hath beene much charge and paynes and Art too bestowed in destroying of them but al in vaine They haue beene cut stocked vp by the roots as was thought burnt and plowed and yet they grow againe Sur. It is the nature of Furse Broome and Brakes to keepe their standing and hardly wil yeeld the possession once gotten in a field for commonly they like the soyle wel and the soyle them where there is a mutuall congruitie there is seldome a voluntary seperation And therefore as long as there is not a disturbance of their possession with a contrarie earth they will keepe where they are for as the Fish loueth and liueth in the water the Camelion by the Ayre the Salamander in the fire and either of them being taken from his element wil die So these kinds of weeds for so they may be called as long as they possesse the soyle they affect doe what you can they will liue And therefore as the soyle is commonly barrain hott and dry wherein they liue make this ground fatt and fruitfull and they will die And therefore the greatest enemie that may bee set to incounter them is good and rich Marle and thereupon the Plowe some few yeeres together And you shal see they wil shrinke away and hide their heads Bail But commonly this kind of fatt Marle is not to be gotten in all places nay seldome where these barren grounds are Sur. It is true they commonly come not and say to the lazie husbandman Here I am It is the nature of all things to couet rest and where dumbe and dead thâ—ngs â—urke is not easily found without diligent search Gold Siluer Brasse Tynn Lead Cole Slate and great Milstones shew not themselues voluntarily but are found by scrutation and discretion And I thinke many treasureable blessings lie hid from slouthfull men for want of search and worthily So doth this notable coÌ„moditie of Marle from the eyes of the husbandman vntill he diue into the bowels of the earth to seeke and admit hee misse it here he may find it there if he fayle to day he may get it to morrow But Thryft hath no greater enemies then Ignorance Idlenes The one perswades it cannot be the other it wil not be And betweene these Weeds Bryers Thornes Thistles Furse Broome Gorse and a thousand markes of the first curse annoyous which by the blessing of God Industry and charge might easily and shortly remoue more out of our sights And yet if the view of them daily could make vs or mooue vs to call our first disobedience obedience to consideration repentance I would wish thornes to grow where corne stands But sith no spectacle of former threats no vse of preseÌ„t blessings will moue the hard harted either to seeke by labour or charge to reforme these euils easie to bee reformed Let vs leaue to discourse and he that hath vnderstanding and will let him vse them here in this toylesome life and not be idle for if we do what wee can these cankers will follow vs these inconueniences wil annoy vs and will procure euery day new labour and newe cost and newe diligence and newe Arte to make vs know that Omnia proposuit labori Deus Man of necessity must labour And wheÌ„ he hath swett and toyled and bestowed all his skil vtmost charge if God add not a blessing all is lost Paul may plant Apollo may water but if God giue not the increase the labour is vaine God maketh a fruitfull land barraine for the wickednes of the people that dwel therin there is a curse Againe A handful of corne sowne vpon the tops of high mountaines shal so prosper as the fruites and eare thereof shal shake like the high Cedars in Libanon Here is a blessing It is a gracious thing therefore to feare and reuerence him whose blessing and cursing so much preuaile and to pray to him for successe in our endeuors and to glorifie him for his blessings Bai. You haue diuinely concluded And I wish not onely the wordes of mouth but the substance of your meaning were fully ingrauen and truly seated in the hearts of all that labour So no doubt but the Lord would bee alwayes readie to blesse their indeuours Although indeed Iob saith The earth is giuen into the hands of the wicked and they waxe old and wealthie And Dauid in diuers and suÌ„dry places declareth that the wicked prosper most â—n the world And I tell you it is a daunting vnto weake men that thinke they serue God truely and many tymes it goeth worse with them then with such as seeme seldome or neuer to call vpon his name Sur. But when Dauid considered the end of these men he could say that the Lord had set them in slippery places And that they that are blessed of God shall inherit the earth And whatsoeuer they do it shall prosper Therefore I say that he that commendeth his labour vnto the Lord and the successe of all his indeuors vnto his diuine prouidence who doth and can alwayes bring all things to passe for our best good whether it bee the full fruits of the earth for our releefe and comfort or scarcitie and want for our tryall he is sure to stand fast and shall be as a tree planted by the riuers side whose leafe shall neuer wither And in the same time of dearth he shall haue enough to sustayne his necessitie Bay It is a good and holy resolution on which all men ought to rest themselues with a faithful and patient expectation And therefore hee that hath farâ— and fruitfull ground let him bee laborious and thankfull and hee that hath leane and barraine let him be painfull and patient Sur. You say well and so I leaue you And for other matters better satisfactions in these things thus superficially discoursed I referre you to the aduice of the better able to resolue you I will returne to my former taske Bayly I thanke you for your patience and pains and I commend you to your labours And as your occasions shall challenge my further poore seruice I shall be readie FINIS Eccles. 5.8 Surueying rashly condemned Faculty Friuolous obiections against the Suruey of Lands The faulty are afraid to be seene Tenants may be sayd to be the Lords men A rash censure The Lord of a Mannor vnder the King is head of his Tenants A Lord why so called The innocent neede not fearâ— to be locked into Priuate