Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	common_a	lord_n	tenant_n	1,699	5	9.7297	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B12021	An olde thrift nevvly reuiued VVherein is declared the manner of planting, preserving, and husbanding yong trees of diuers kindes for timber and fuell. And of sowing acornes, chesnuts, beech-mast, the seedes of elmes, ashen-keyes, &c. With the commodities and discommodities of inclosing decayed forrests, commons, and waste grounds. And also the vse of a small portable instrument for measuring of board, and the solid content and height of any tree standing. Discoursed in a dialogue betweene a surueyour, woodward, gentleman, and a farmer. Diuided into foure parts, by R.C.	Churche, Rooke.; R. C. (Robert Chambers), fl. 1612, attributed name. aut; Churton, R., attributed name.	1612 (1612)	STC 4923; ESTC S107648	77,929	121

my poore neighbors so much and generally most Commoners I then thought it fitting to put you to your greatest plunge by this my last refuge and greatest difficultie which if you can deuise to solue or make any probable or satisfactorie answer I will then say you haue brought the matter to an excellent conclusion Sur. Well Sir although this your in●ricate point which you haue now moued be of most difficultie yet you shall now perceiue I will easily resolue you of it For it was my An answer to the former obiection chance of late to conferre with a Councellor at law of good vnderstanding and iudgement about this very subiect of graunting Communage by Lease amongst other landes whose opinion was That Tenants who haue such graunts either from the King or any priuat Lord that they must not so farre extend their chalenge of Common sans number in putting on so many Cattell that they must eat vp the whole profit thereof whereby the poorer sort of Commoners should liue in penurie and want But the Law said he doth intend that his Farme considered that is what Cattell is necessarie for Tillage what for manuring his land what for a conuenient number of bréeders of all sorts of Cattell to supply his stocke and what for him to spend in his owne house and other necessaries he shall not be debarred or limited And so you sée that although he shall not be stinted in putting on of Cattell in that order and as aforesaid yet if hee doe excéede that proportion of a reasonable number the rest of the Commoners who haue also Common there sans number as well as he may very iustly endeuour to depresse his oppressions and draw him to a kind of meane and orderly proportion which yet shall liberally serue with respectiue regard as well of his Farme as Rent Wood. Sir I must confesse you haue giyen me very good satis●action and most effectually haue you deliuered your opinion herein And truly if euery Tenant might the inferies or contents of his Farme considered with an indifferent or rather liberall allowance beset out Inclosures of decayed Forests Commons and Wast grounds as wee haue spoken of that as well for his Milc● Kine young Cattell Oxen and Shéepe as with any pr 〈…〉 ion or reason the rest of his fellow Communers considered might suffice and agrée with the quantitie of his Farme and Rent there were then great probabilitie and hope of effecting what you speake of But alas the sinne of Couetousnesse doth so much possesse these kind of people as they thinke the libertie of their whole Common sans number too little for them and therefore can hardly endure to heare of any abridgement or withdrawing any part thereof when yet vpon proportions cast allowed and ratified at a very easie rate and that for many yeares with a dayly and more encrease of profit together with a liberall proportion allotted them for all the sorts of their Cattell which their Farmes are able to maintaine and beare or that they can any way desire of the Lord and that they also sée a resulting Surplage remaining then happily they may séeme more tractable and willing that any who haue right to such Wast grounds should dispose of them as they please to which I thinke our honest Farmer will agrée Ien. Most willingly for you haue spoken to good purpose And if the Law doe intend that men shall be stinted as I could wish it might be so to put on no more Cattell into a Common than what conueniently their Farmes or Fréehold can beare and maintaine all the yeare many rich Fréeholders in our parish will giue you little thankes for this Item because indéed they greatly ouerlay the Common to the preiudice of the rest of their poore neighbours and they will most assuredly spurne although it be against the pricke Sur. The more are they in danger to offend and hurt themselues for if the Commoners doe combine in an honest and lawfull manner against such abuses they may easily force these rich Fréeholders to a more neighbourly course of Commoning Wood. You say true but leauing this matter of inclosing Wast grounds to men more eminent in the State let vs make an end hereof and proceede in our Discourse of Timber trées Sur. Most willingly and doe submit my opinion herein to all honest and discréet Husbandmen THE THIRD PART Shewing the difference of diuers kinds of Trees for Timber and Fuell and such as are most apt to grow and prosper in our Climate And also a discourse concerning some new law to be made for the encrease and preseruation of Wood. Woodward MAster Surueyor wee lest as I remember about the differences of some seuerall Trées for Timber and what ground is most apt for them to prosper in and also some Rules concerning how to take the content of any Timber trée standing or growing vpon the ground which is a thing that will be much pleasing and helping to vs Woodwards who are none of the ingeniousest men in that facultie but we are onely content to obserue the ordinarie custome of looking to the Wood by presenting at the next Court day or Swanimote Court those who offend by purloyning of Trées hacking of Boughes and Standils and carrying them away But when wee are demaunded how many Tunne Load or square féet of Timber is contained in such a Timber trée which I thinke fit that euerie Woodward should know we must then answere with silence or make some sléeuelesse reply and so passe it ouer to other talke Sur. In déeds I thinke many of you are so skilfull therein as many be who are Surueyours of Counties by Patent for which they haue more fée then knowledge to discharge that Office But it is fit that Woodwards should haue some skill and vnderstanding in the measuring of these Sollid bodies or else how can they sufficiently discharge that trust and credit which is reposed in them when a Warrant is directed to them for the felling and deliuerie of a hundred Tunnes or Loades more or lesse of Timber for repaire of Bridges Parke-pales Houses c. And when perhaps they neuer know how many square féete make a Tunne or Load of Timber nor yet how many Trées they must cause to bee felled to haue as néere as may be the number of Tunnes or Loades specified in their Warrant but cuts downe at an aduenture perhaps ten or twelue Tunne or Load more or lesse then they had Warrant for which is a grosse errour Wood. In déede most of vs haue little or no skill in measuring of Timber trées but as you say we must take them at all aduentures as néere the number specified in our Warrant as we can But I pray Sir are there not men of your profession who passe ouer as grosse and witting errours in Surueying which iustly a man may terme abuses partly as I conceiue out of ignorance and partly out of dishonestie Sur. No doubt there are some such indéede yet

Againe if other men and those perhaps your neighbours should out of malice as many do informe your Lord that your Farme were better worth by twentie pounds the yeare than it is whereby the Lord perhaps somewhat too couetous to aduance his own thrift is drawne by their reports to prize it accordingly and hereupon he employeth a man of good sufficiencie both in skill and honestie to suruey it this man vpon the surueying of euerie particular hereof certifieth the Lord in an vpright conscience that this your neighbours information was false and grounded altogether vpon malice and spléene if this then be so as commonly it is it cannot be called terrible dealing in the Surueyor but good and vpright iustice and who then may be iustly said to be a shroade and terrible man this your malitious neighbour or the honest Surueyor And this haue I certainely knowne by experience that vpon surueying of a Manor wherein I haue had power and authoritie from the Lord both to set and sell lands during which time diuers men haue come to me to deale for them by way of hiring and buying wherein I haue found such apparant malice as they would not onely in priuat importune me to outbid each other but also euen publikely and that with great earnestnesse affirme the same and what then should I doe but according to the trust reposed in me informe the Lord thereof and why also should not the Lord without any imputation of racking his T●nants take what willingly is offered him And truly I must néedes say this of most Tenants that by ●eason of this gréedinesse and spléene one against the other of hyring and buying land they are more their owne enemies Tenants are most their own enemies than is either the Surueyor or their Landlord so that hither vnto I sée no shroade or terrible dealing in the Surueyor yet I will not denie but that there may be some such officious men as you speake of who account themselues skilfull Surueyors and who also to win a reputation in the world will séeme to estimate land so immeasurably déere as there is no possibilitie the Lord should euer get that rate for it Others there may also bee who doe value land at so meane a price as the Lord is greatly preiudiced thereby which is a lamentable thing and much detriment commeth to the buyer as seller thereof and great pitie it is that there is no redresse therefore Neither is it possible for a Surueyor to value What belongeth to a skilfull Surueyor lands truly except he know the Tenure Rents Customes Seruices Reprises and haue some vnderstanding in the law and also he must be very iudicious in the qualitie and quantitie of the land or else his error must néedes bee great Therefore I would wish all Surueyors to bee verie carefull in this important matter of Suruey which should with great iudgement indifferencie be managed betwéene the Lord and Tenant And now I trust I haue well satisfied you in these few words Ien. Well Sir I am content for this present to take your spéeches for payment but I trust before we depart to make you confesse your owne shroade and terrible doings Sur. If you can doe that iustly let me then be proclaimed not onely shroade and terrible but also dishonest and trea●herous Wood. Master Peregrine our Farmer here is too contentious and cholericke I pray let this idle controuersie be ended vntill some other time and let vs proceede in our former discourse of planting wood Therefore Sir we must entreat you to beare with this honest Farmers imperfection for it is likely hee speaketh according as hee hath found by some such officious men you spake of euen now who haue certified the value and goodnesse of his Farme to be much better than the rent he now payeth and therefore I pray haue patience and let vs continue our subiect of Planting Sur. Most willingly if it will please this angrie Farmer to haue patience and not to interrupt me I will willingly frame my selfe to a peaceable discourse and would be glad to satisfie him in any thing I can and therefore speake fréely if you conceiue any doubt And now to our planting againe Next after you haue thus planted your trées and that they are well and firmely setled in the ground the whole Summer and Winter then towards the Spring you must begin to trimme and husband them which is a speciall helpe and Dressing and husbanding of young trees comfort to young trées for their better prospering if it bee done in conuenient and due time for the more they are trimmed and dressed the more will they prosper and grow and especially the first thrée or foure yeares they must bee most carefully and that twice in the yeare dressed and trimmed somewhat like vnto your Hoppe grounds I meane for the wel husbanding of the mould and howghing vp of the wéeds the not doing whereof would endanger their destruction and that about the middest of Aprill when they begin to put forth their buds and then againe towards the end of Iune and this must be done as néere as you can after some raynie weather and not in hot or drie weather because the earth being then drie and turned downeward towards the rootes it must néeds be that those clods of earth will lye hollow and not close vpon the root so that for want of earth and moisture the plants must of force die which to the contrarie being digged in moist weather the earth will then lye more néer● and firme to the root and the water that falleth will the rather more easily enter vnto it which nourishment plants greatly desire And the chiefest labour about young trées that are newly planted is to kéepe the ground cleane from wéedes which if they be suffered to grow they will in such Weeding is necessarie for the Spring sort take away the sappe and heart of the ground from the plants as it will much hinder them from growing to that handsome and full forme as otherwise they would be and perhaps proue to be wind shaken and galled trées by reason they want that good nourishment as they expect and as is daily séene in Hoppe grounds which except they be well and orderly husbanded in opening the hils putting good moul● vpon the roots and cleane kept from wéedes you are like to haue but bad Hoppes And so will it proue in these plants that being orderly husbanded as aforesaid in due and seasonable times you shall find the profit double by the encrease of the stemme and branches so that then one of the greatest cares is after their planting especially if they be very young and small plants to kéepe them cleane from wéeds for foure or fiue yeares for if they be choaked or smothered by them how possibly can they prosper Wood. This must néedes be a most excellent course and manner of planting onely that the charge thereof will somewhat dismay men from entring

we must not iustifie our owne errors by other mens misdemeanours but those Surueyours would I haue giue ouer Surueying and séeke to bee entertained into the societie of those idl● Catchpoles you spake off euen now and if I saw cause I could instance such a one but I will be sparing therein and onely tell you that the manner of his Surueyes were alwayes vpon Tenants reports and taking some notes out of their Leases and Coppies and giuing of the Iurie certaine Articles in charge to be enquired of Pe. But did he not also by Instrument and Cheine as commonly you doe Suruey and measure the ground Sur. No for indéede hee knew not the vse of any Surueying Instrument Pe. But doe you thinke the Tenants would or could truely deliuer their knowledge herein concerning the qualitie quantitie and value of their Land with the rest of the particulars Sur. Truely I thinke no though euery man in honestie is bound vpon Oath to tell the truth of any thing when he is lawfully demaunded thereof as néere as he can yet for that they conceiued these questions néerely concerued their estates and for that also they law the Surueyour to bee vnexperienced in that kind of measuring and duely Surueying of lands it is to be imagined that they would somewhat dissemble with him therein and acquainte him with no more then ordinarie and so altogether vpon the tenants reports aswell for the quantitie and qualitie as value of their land he would conclude and at his good leisure make vp his bookes Per. This is the strangest kinde of Surueying that euer I heard of but would he then vpon his credit giue vp this Suruey to the Lord of the Manor Sur. Yes that he would according to the Tenants reports by oath and diuers hath he done in this kinde Per. But I pray if the Lord sell or let this Manor do you not thinke according to that Suruey but that he should be a great looser thereby Sur. Yes there is no doubt but that he must loose much thereby but I trow there is no man so vnaduised that will sell or let land in th●se daies after such a fashion but will make a more precise course by admeasurement performed by a skilfull man in that facultie Ien. And I pray why may not one buy or sell land as certainly by knowing what Cattle a Ferme or Demaines will kéepe as also how many load of hay such a Meadow will yéeld vpon euery acre as by all your nice tricks of measuring Sur. You say well it is a good meanes in generall to know the value of any land but yet how shall the Lord or buyer thereof who dwel farre remote from it know certainly how many cattle it will kéepe If you say by his Baylife commonly he being his Tenant and dwelling in the same Lordship will for his owne good imbrace the true value of these demeasne because the goodnesse of his owne farme shall the lesse be discerued if you say by the report of the countrey they commonly faile in their estimation as well in the quantitie and qualitie of the ground as also in the number of cattle what it will kéepe and neither shall the Lord if he be a stranger to this Demeanes receiue any better satisfaction although he take paines to enquire thereof Who are most fitt●est likely to aduertise any Lord the true estate of his land himselfe So that there is no better way for this Lord or purchaser to know the true value of this land then onely to employ an honest and iudicious Surueyor therein who besides his art of platting the ground and fairely setting forth in a Mappe and knowing the quantitie of acres will also vse his best iudgement and experience to discerne the qualitie as well for goodnesse as badnesse of the soyle as whether it be fittest for arable pasture meadow or woodland together with buts and bounds and euery thing else as it lieth in due proportion all which compared together with the reports and aduertisements that he may learne in the time of his being there I thinke he may then giue more full satisfaction as well to the eye as iudgement of him who is owner thereof or shall buy it Per. You say true For my selfe being of some small ●euenew in land I haue two or three of my Manors surueyed and the plots of them fairely set forth in colours vpon Vellem distinctly sp●●ifying which is meadow pasture arable and woodland with the quantitie qualitie and value thereof with euerie other thing there fitting to be noted which I finde to be a great satisfaction pleasure and ●ase to me especially when I am to let any of those Farmes or Tenements in any the said M●●or● because they are farre remote from the place I dwell But whether now do we range You promised to speake somewhat of the difference of trées and what grounds were most apt for them to prosper in therefore I pray leaue off these discourses vntill some other time and begin now your promise Sur. Sir most willingly you remember then what I haue spoken concerning the manner and time to be obserued as well in planting of Trees for Timber and husbanding the ground as also in making special choice of the Plant and the care of weeding and trimming them afterwards vntill they are growne to the age of thrée or foure yeares which remembred I will now discharge my promise in declaring briefly to you the nature and sorts of certaine trees for fuell and building which ordinarily do grow in England and what ground soyle euerie one delighteth most in for their better and larger prospering to the end that those who take pleasure in this practise may not altogether be deluded and frustrate of their paines and expectation but may in the end reape some profit thereby I told you then that before you resolue to plant two things are to be considered of namely the soyle where you intend to plant and the soile where the plant hath formerly grown for that trée which groweth vpon a drie ground and hot soyle must not be planted in a moyst or cold go●ud so contrariwise that tree which groweth in a watry soile be not planted vpon hils or drie barren groundes least by planting them in a soyle contrarie to the nature and condition of the plant all cost profit be lost therby First therefore Two sorts of Trees you shal vnderstand that there may be said to be in general two sortes of trees that is waterie trées or trées delighting Watery trees ●and in moist waterie soyles and land trees or trées which grow vpon drie and firme land Wood. Indéed it is probable that trées will hardly prosper but in a ground well corresponding with their nature and propertie but I pray what experience is there hereof Sur. I will first satisfie you by the experience of trees which commonly are called water trées as namely Aller Withi● Aspe Birch c. which

reason the sappe is now come vp into the trée againe And alwayes when you fell any Timber trée fell them as néere the ground as you can for one foot of Timber next the ground is worth two foot of Timber in the top And some when they would haue the Trée more drie and cleane from the sappe doe vse to out it halfe through vnto the middle or pith of the Trée and then to let it stand a certaine time vntill the sappe that is in it may descend and drop out whereby the Timber when the s●ppe hath thus dropped out will be the lesse putrified or corrupted but will endure and last much the longer Pereg. Herein you haue giuen me very good satisfaction but I pray will the stubbe of such an Oaken Timber tree newly felled shoot out young sprigges whereby may be expected a new spring to come of that root againe Sur. Yes there will such shootes sprout out againe after the felling of the Trée in manner as I haue said especially if the Trée felled were a growing Timber trée and that it be felled from the change to the first quarter of the Moone for though the Trée be taken away yet the root is still fresh and springing and will in some sort put forth his fruit and encrease againe though in another kind for in stead of Timber which before did grow vpon that stubbe and root you shall now haue Copies Wood if you preserue it accordingly Pereg. It is probable to be so but why then should not men who fell downe Timber trées preserue such a spring Sur. The reason as I conceiue is this that Timber commonly is not felled together but scatteringly as here and there a trée which indéed would not quit the cost to preserue the spring of euery such trée so felled And againe those who fell eight or tenne acres more or lesse of Timber trées to make a present summe of money they neuer respect any new spring thereof to grow againe but straight they fall to grubbing of that péece of ground so felled and then conuerteth it into pasture arable or medow which they thinke to be the most gaines but such men in my opinion are none of the Landlords who let Farmes from 5 yeares to 5 yeares are none of the best husbands best husbands and they may well bee compared to such Landlords who thinke it a great profit for them to let their lands from yeare to yeare or not for aboue fiue or six yeres which short time expired they thinke they may then againe set it vpon the racke and still encrease both rent and sine but such Landlords doe often faile in their expectation as common experience sheweth it true in euery poore Farmer for if he hath his Farme but for fiue or six yeares is it not likely he will then teare vp the ground and ransacke the very bowels thereof for his profit and neuer bestow cost thereof neither to better the soyle with Compasse or mend any Fences or his Tenement but all shall be cost sufficient if it will but last his time to bring in some little profit during those few yeares which ended the ground no doubt will be much more worse than it was at the first taking thereof for what reason hath this poore Farmer to bee at any charge thereof more than he shall thinke fit when he knoweth not whether he shall be tenant to it againe or no And what then doth this couetous Landlord get hereby but onely assurance that the heart of his ground is worne out his fences broken downe and spoyled his Tenements decayed himselfe notoriously exclaimed of and very likely to let it for lesse after the expiration of those few yeares than he did at the first Ien. You haue giuen two sufficient reasons why men doe not preserue such springs to which a third may also be added namely as I conceiue they are carelesse and neuer expect that any spring at all will come forth out of such a stubbe or root from which the Timber trée is felled And your comparing such an one who grubbeth vp whole Woods to conuert the ground to tillage or pasture is very aptly applyed to such a Landlord who will let his Farmes but for some short time for if the ground be good when the Farmer taketh it it will then for those few yeares well serue his turne to bring in profit without any cost bestowing thereof which tearme ended and the vtmost of his labour and paines bestowed thereof the ground then will bee much the poorer and if at his first entring thereon the ground fence and tenement be bad he must then bestow so much cost thereof as will well last him to haue profit thereby during that time for more it is not likely he will bestow for you must thinke he will vse all the skill of husbandrie he can to get his full benefit out of the very hart of the ground and by that time those few yeares are expired both ground fence and housing will be much impaired and little aduantage this griping Landlord will get by letting of this land the second time Sur. It is true they neither expect or care for the springing of such Copies and especially many of the Kings Tenants who hold any Springs or Copies of his Maiestie by lease for when they fell a Hagge or Spring partly out of a desire of vnlawfull gaines they cut and mangle downe the armes and loppes of good Timber trées yea and many good Timber trées themselues in the name of Cranckes or shrubbed Trées which they presume they may without preiudice of their Lease take and partly to bare and cléere the ground of such a burthen that so much the sooner it might become a pasture ground of which Tenants doe make a better commoditie because they make more often returne both of ware and money as my selfe haue found it true in my late Northerne circuit And this abuse will neuer be left except some Woodwards were more honest and carefull in their office for they will not onely winke at such faults but ex officio will be as forward as any to take and sell trees at pleasure Ien. How now Master Woodward how doe you like this géere I perceiue men of your profession is also like to vndergoe the sensure of the world as well as Surueyors Sur. Howsoeuer he liketh it or may be censured of the world with Surueyors yet God forbid that all Woodwards should be so but I doe speake but of such who demeans themselues in this idle fashion and I could wish that all such Surueyors who deale not iustly according to the trust reposed in them might be punished accordingly Wood. Which your opinion I approue and will willingly subscribe thereunto But leauing these abuses to the punishment of the law I pray procéed in your discourse of timber trées and the second in order for goodnesse which you told vs of as I remember is the Elme Sur. You say true