then it was Farm There you much mistake you for I will shew by auncient Court â—â—lls that the fine of that which is now twenty pound was then but thirteene shillings foure pence and yet will you say they are now as they were then Sur. Yea and I thinke I 〈…〉 in it For if you consider the state of things then and now you shall find the proportion little differing for so much are the prices of things vendible by Farmers now increased as may well be said to exceed the prices then as much as twenty pound exceedeth xiii s. iiii d. Farm You speake farre from truth and I maruell you will erre so much pretending to be a 〈◊〉 of that reach that men imploy you â—o ouer reach others Sur. To shew you then â—n instance looke into the Chronicle in the time of Henry the sixt and you shall finde that a quarter of Wheate was sold at Roystâ—n in Hartfordshire for twelue pence and I trust if you be a Farmer you are a Corne-seller and I thinke if a man offer you thirty times as much for a quarter you will say it is better worth Farm Was it possible that â—â—ane was then and there so cheape and to rise since to this raâ—â— it is very strange Sur. Not at all for since 〈◊〉 grew such emulation among Farmers that one would ouâ— bid another which in the beginning was little seene it grew at length that he that bought deare must sell deare and so grew the prices of things by degrees to this â—â—te as 〈◊〉 they be and a Farmer gets as much by his Farme noâ— aâ— then he did Far. You erre therein I assure you for else could Farmers keepe as good houses hospitality now as they did then and alas you sée how vnable they be Sur. It is true and the reason is manifest for where in those dayes Farmers and their wiues were content with meane dyeâ— and base attire and held their children to some â—â—stere gouernment without haunting Alehouses Tauerns Dice Cards vaine delites of charge the case is altred the Husbandman so publikely for Vinâ— mendibiâ—â— suspâ—â—â—sa heder a non est upos A gâ—â—d workeman néeds not stand in the stréetes Sur. I confesse in this you haue sayd truly for none that is in deede fit for imployment will or needs to craue it in such manner for they will be sought vnto and solicited But euery one that hath but a part of the arte nay if he can performe some one two or three parts is not thereby to be accounted a Surueyor as some Mechanicall men and Countrey-fellowes that can measure a peece of Land and though illiterate can accompt the quantitie by the parts of money as a peny to a 〈◊〉 a groat to a day-worke ten groats to a Roode and consequently a marke to an Acre which manner of calling sufficeth and satisfyeth them in their small accomptâ— but the maner of their measuring to 〈◊〉 erronious as I will shew you hereof 〈…〉 serue Some haue the skill of plotting out of ground and can neatly deliniate the same and by Arithmetike can cast up the contents which is a necessary point of a Suruey on office Farm Sauing your 〈…〉 we poore Country men due not thinke it good to haue our Lands plotted out and we thinks in déede it is to very 〈◊〉 all purpose for is not the Field it selfe a goodly Map for the Lord to looke vpon better then a painted paper And what is he the better to see 〈◊〉 out in colours He can adde nothing to his land nor diminishâ—utâ— and therefore that labour aboue all may be saued in mine opinion Sur. They that speake at any time againste any thing done or propounded to be done do either shew their reasons against it or else they conceale their conceits and without any good argument inueigh only against the thing And I know your meaning in misliking ploâ—â—ing of your land and yet you 〈◊〉 doo what you thinke for a plot rightly drawne by true information describeth so the likely image of a Mannor and euery branch and member of the same as the Lord sitting in his chayre may see what he hath where and how it lyeth and in whose vse and occupation euery particular is vpon the suddaine view which tenants mislike not that the thing it selfe offendeth them but that by it they are often preuented or discouered of deceitfull purposes For a tenant that is both a free-holder and a copy-holder for life or by indenture for life or yeeres holding these lands interâ—â—â—â— may easily vnlesse the land for life or yeeres be very specially butted and bounded in their copies or leases as seldome they are through the sloth of some stewards or for default of a true suruey led guide them appropriate vnto himselfe copy or leased land to a free and especially hauing time â—nough to alter names and propertiâ—â— to remooue meeres and to call downe ditches to stock vp hedges and to smothee vp truth and falshood vnder such a 〈…〉 conueniency as before 〈◊〉 be suspected 〈…〉 view it will be cleane for gotten 〈…〉 shall be able to say This is the land whereas if it be plotted out and euery parcell of free copy leased and the rest be truly distinguished no such 〈…〉 can be done against the Lord but it shall be 〈◊〉 readily reconciled And I dare presume to say that the want of due plots and descriptions of land in this forme hath bin the occasion of infinite concealements and losses of many mens land and many intrusions and inâ—roâ—hmenâ—s haue bin made and to long continued that now neither memory or record can reforme them besides infinite other abuses which are dayly done to the preiudice of Lords for want of such a monument to be always at hand for their instructioÌ„ Far. You ayme vnhappily I thinke to some mens purposes but for my part I promise you I had no such thought in me yet what you say may indéede be easily wrought in moâ—â— Mannors if they be as y t Mannor is wherein I am a Tenant for I am perswaded there hath not bin any view taken of it or perumbulation made or suruey had within the memory of any man aliue And to tell you truly I thinke the Lord hath much wrong both by his owne Tenants and by confining Lords for so the Lord haue his rent and his other duties of vs he is contented but I may tell you if he did better looke into it it would be better for himselfe and his hereafter yet we wish he would let it rest as it doth for we may do in manner what we list and if a Surueyor come we shall not do as we haue done nor hold that that some haue held long without any trouble but that I leaue Then you say that plotting is the chiefe part of a Surueyors skill Sur. I say not so but I say it is necessary for him
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
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
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
of the Lords demeisnes but he sold it and it was a custome Mill very profitable Sur. He that perswaded the Lord to sell away his custome Mill had little respect to the Lords profit or royaltie the profite comes easily and the custome confirmeth the antiquitie of the Mannor And such a member of a Mannor I would wish none to put away But humor and necessitie are two opposite Emperors the one commands willeth and doth what he listeth the other forced to do what it would not And therefore men that may do what they list and will do what they may if they erre to their own hurt are not to be lamented But they that are constrained to do what they would not to their preiudice I pitty them But I take it we haue neere troden the whole Mannor Bayly Almost indéed Here are some few closes more and then an end Sur. But here are certaine cottages me thinkes builded vpon the Lords waste Bayly Yea but let them passe neuer meddle with them for they are onely shelter for poore people and yéeld the Lord little or no commodity and therefore spare labor of obseruing them Sur. Nay it is a parcell of my taske I must omiâ— nothing that may informe or benefite the Lord. Bayly Be it then as you will Sur. What are we now at an end Baylie Yonder corner is the last for it is the place where you began in Water-hurst common Sur. So then we will retire Baylie What will you then command to be done Sur. Cause the Tenants all to appeare and let the Iury bring in the verdict Bayly The Tenants are at the Court house and the Iury ready with their verdict Sur. I will go with you and take it call the Iury by poll make proclamation Baylie They all appeare Sur. You sworne men of the Court of Suruey haue you agreed vpon the Articles that were giuen you in charge and are you prouided with answer vnto euery of them in writing Iury. Yea Sir here it is fairely written Sur. You haue well done in your indeuors though peraduenture there may be defects in the forme of your answers yet if you haue kept the main ayme which is the seeking out and deliuering the truth you haue discharged the parts of honest Tenants and men fearing God And because that it may be somethings may be omitted which you may now instantly call to mind blush not to declare it here before you be depriued of that you haue written for this paper I must haue and that vnder your hands Iurie What néede we set to our hands Sur. Because if I erre from it your hands shall testifie against me if you haue erred and I erre through you your hands shall iustifie me Iur. The thing is reasonable we will subscribe Sur. Now will I reade the Articles of your charge and to euery Article your answer that you may yet correct or adde what shall be thought fit and therefore I pray you listen Iur. Reade you Sir Sur. You agree to all these things willingly whereunto you haue set your hands Iur. We do so and do here confirme it by the deliuery thereof by our foreman in the name of vs all to the behoofe of our Lord. And what you else require at our hands we are ready to performe Sur. You do kindly and like dutifull Tenants and be you assured that your forwardnesse herein shall not be concealed from the Lord but with true report of your indeuors for the furthering of the businesse which cannot but draw a kind consideration from the Lord againe to you Which both to gaine for you and to retaine it I will truly do my best and so for this time I will leaue to trouble you further vntill I haue set my other collections which I haue taken in the perambulation of the Mannor in some order then will I be bold to trouble you againe to the end that you may all approue what is done whether I haue truly set downe the particulars namely the Lords demeisnes the free copy and leased lands vnder their true names and due owners if not that by your helpe I may reforme it before I ingrosse it to continue to your children For what we do will be hereafter a light vnto them that shall come after you and if it should be erronious it would be preiudiciall to your posterities Sur. I pray you therefore let there be an examination and we will gladly giue both our attendance and best ayde to perfect it Bail I shall then make an Oyes and adiourn the Court vntill they haue notice againe Sur. Do so Bai. You will now kéepe your chamber vntill you haue made your collections perfect and cast vp the land Sur. I purpose so Bayly I would gladly sée the manner of your casting vp of the acres as you do it for the rest I shal sée when you haue done For the Iuries examination I will leaue you till the morning and then will I come to your chamber Sur. Do so The end of the third booke The Surueyors Dialogue shewing the maner of casting vp oâ— sundry fashions of land with the scale and compasse with Tables of computation for ease in accompting The fourth Booke Bayly I Sée you are busied and I perceiue you are casting vp the quantitie of this square péece of land Sur. So I am Bayly This I take it is plain and easie to be measured Sur. I pray let me see your skil what containeth it Bayly I thinke if I were vpon the ground I could tell you but vpon the plot I caÌ„not because I remember you do it by your scale I would gladly sée the vse of it and how you apply your scale to the perches and if I saw it once I thinke I could then gesse at it Where is your scale Sur. This that you see like a ruler diuided Bayly If you will giue me leaue and if I trouble you not I will try how neere I can come to it I apply the compasse to the ene side of the figure of the close and then letting the compasse stand I lay the compasse to the scale I find it is iust one inch which is third part◠〈…〉 of the whole scale and as I remember you made your scale twenty perches to an inch Sur. You say right Bayly Then is the one side 20. perches And hauing layd my compasse to the rest of the sides I find them twenty of each side What now is to be done Sur. Multiply the one side by the other Bayly Then I must say twenty times twenty that makes foure hundred perches But now am I at a sâ—and againe how shall I know how many acres is in this figure Sur. You must know that there go 160. perches to one acre 80. perches to halfe an acre 40. perches to one roode on fourth part 〈…〉 of an acre ten day-works to a rood foure perches to a day-worke 18. foote and a halfe to a perch Bayly
intelligencers and not honest Surueyors giue false informations to their Lords The course of an honest Surueyour Officious Informers dangerous for Lord and Tenant Tenants striuing in lowing and bidding inhanceth fines and rents Homage and fealty by free-holders A needlesse â—icenesse in free-holders to shew their deeds and lands to the Lord or his Surueyour Some Lords too remisse in surueying their land Information hurtfull in fines of land of inheritaÌ„ce customary Former fines and rents and the present not vnequall Iohn Stow. Wheat at twelue pence the quarter Rents of laÌ„d and prices of things grow together The causes why things haue growne to this extremity The perfection of a Surueyors office consisteth not in one part A plot of land necessary Great abuses that grow by Farmers and tenants that are freeholders Want of plots of land preiudiciall to Lords Tenants commonly wish not for surueys Who is a Surueyor What a Surueyor must be able to do Reuenues the sinnewes of Honor. A discreet Surueyor may be a good meane to manage the Lords reuenues Plotting of land and measuring is very auncient Grounds subiect to surrounding fit to be plotted Euery matter in moderne vse among men can not be prooued to haue had vse in holy Scriptures Ioshua 18. Surueying prooued by Scripture Euery man can not equally diuide Lands into many parts 3. Edw. 1. Extenta Manerii The Lords records and the Tenants informatioÌ„s are the pillers of a suruey The Suruey or by the Lords records may in some things guide the Tenants The auncientest Tenants fittest to guide the Surueyor Tenants vnwilling to accompany the Surueyor The law punisheth Tenants that will refuse to ayd him in his Suruey A good minde No profession without the feare of God can prosper The brauest is accompted most skilfull The simply honest most suspected Though the wicked seeme not to see their owne errors God seeth them and will discouer them Some are naturally inclined to some profession The manner of the execution not the matter executed hurteth Surueyers of the body A Mannor is a little Common-wealth Priuate and meane men suruey their small things euen their little Farmeâ— If reuenues decay a maÌ„s estate decayes Great Statesmen can not suruey their owne Lands The charge imposed vpon a Surueyor Wherein honorable persons do offend in neglecting their reuenues True surueys continue peace betweene Lord and Tenant The faulty will first finde fault A Suruey must be renued once in seuen or ten yeeres None mislike true surueys but deceiuers Lords that will not looke to their owne Lands are as dead images Euill will is neuer dutifull What Tenants should do in the Lords suruey View of Euidences necessary Entry of deeds conuenient for the Tenant The Tenants duty What things are euill in a suruey The principall causes of instituting Mannors Tenants ar now in conceit more free then in former times Auncient bondage Euery inferior estate is conditionall The Tenants seruice is parcell of the Lords inheritance Discontinuance of seruice hurtfull to the Lord. Seruice of the Tenant Lords and Tenants are bound each to other All that professe it are not Surueyors Ignorance in Surueyors dangerous Some not hauing the name of Surueyors may haue the skill A man may erre in whatsoeuer arte What a Mannor is Perk. fo 127 The beginning of Mannors Lords and Tenants why so called When Mannors began Inlandt Vtlandt Whence a Mannor taketh name Berrye quid Halls Courts Prediâ— Mesuage whence it taketh name A Mannor may not be made at this day 22. Edw. 4.44 22. lib. ass 53. 26. H. 8.4 Euery Mannor may keepe a Court Baron 35. H. 8. A Mannor may lose the property and so the name Fitzh 3. C. A Seignory How two distinct Mannors may be made one Parcell in seruice Copy and customary LaÌ„d and their difference Conuentionary TenaÌ„ts Rents of Assize why so called 3. kindes of Rents How euery kinde of rent is to be payd Rent charge most common at this day Rent seek Profites of Mannors are infinite and in all Mannors different Profites of Court Fines of land Fine why so called Amercements Heriots Heriots whence so called Mag. Cart. Ca. 3. An Earledome Waynes or wayned goods Waife whence deriued How to prooue wayned goods Forfeitures Forfeitures fit to curbe offendors The chiefe end of forfaytures A good meane to make Landlords sparing to take forfaytures The part of a good Surueyour Forfaytures diuers in dyuers Mannors A customeroâ— necessary Causes of forfeytures How and when a Lord may enter after a forfeiture What escheates are Escheat for want of heriots How escheates are found Perquisites of Courts Perquisites why so called Perquisites but not perquisites of Court Treasure troue How casualties may become certaine Policie in Bailies and ouerseers A Surueyor should be equal betwen Lord and tenant Commodities vnder the earth The wisedome of nature Psa. 70.16 Psa. 104.13 Ezech. 36.9 Psa. 109.3 4. Lords and tenants must acknowledge all to come from God Things made of the earth Wards PresentatioÌ„s The word Ward whence takeÌ„ Wards what they are What tenure drawes wardship The cause Statutes for the confirmation of wardships Mariage of Wards Three ends wherevnto the good education of Wards tendeth Why lords of mannors doe present Clarks No carnall consideration must moue a Lord to present a Clark What a Patron must consider in his choice A Parsonage or Vicarage no part of a Mannor Impropriations Tenure in villanage Villaine quid Villains came by conquest bondmen The farmer cares to pay his rent and labors for it Happie is the Tenant that hath a good Landlord A good resolution in a Landlord Good Landlords deserue loue A Surueyor ought to see the Lords euidence Great houses with small reuenewes cannot sute well Mart. lib 2. Great houses fit for great men Building often repented Many chimneys little fires The best situation of a house Earthen Conducts Beauland Manerium Beauland Manerium Owner of the Mannor Bounds of the Mannor Mannors intermixt Freeholders Felony Treason Bastard Demeysnes Demeisne in common fields Common fields and common meddowes Commons Incroching the Lords waste Parke demeisne woods Customary Tenants Briton sol 165. Descent of customary land Heyre Heriotable tenements dismembred Fines Forfeiture of Copy-hold Customes Custom roll Villaines Nieffes Remouing of Meeres or bounds Cotages Indentures Iustments Custome mil. Socome Fishing Fowling Wayues estrayes Mines Quarries Turffes and Peates Slate stones Marking stones Deere Conies Reprises and payments Markets Faires Pawnage Euidence Adâ—ouson Lords Baylie Steward Diocesse hundred c. Market Townes â—â—â—andum Euery Surueyor is to vse his owne method Beauland Manerium Finis 3. po 6. shill. 8 pe TenaÌ„ts must accompany the Surueyor in his peraÌ„bulation A plot of a Mannor necessary vainglorious Artists As instruments are diuers so men diuersely affect them All instruments haue one ground Planimetria Where â—o begin to describe a Mannor The mannor of describing The vse of the scale The diuiding of the scale How to find the number of perches in
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
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
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
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
King gaue Lands vnto his followers in such quantity as did exceed the proportion of a mans manurance and occupation as a thousand two thousand Acres more or lesse which quantity of Land being at that time as it were in a lump or Chaos without any distinction of parts or qualities of Land he to whom such Land was giuen to hold to him and his heires for euer enfeoffed some others in parts thereof as one in ten another in twenty and some in more some in lesse Acres and iâ—â—onsideration of such feoffements euery of these were to do the feoffer some kind of seruice as he and they agreed vpon reseruing such a part vnto himselfe as he might conueniently occupy in his owne hands and by this meanes the Land thus giuen by the King and thus proportioned out to others by the Donee became to be called a Mannor And he that was thus inuested in this Land by the King was in respect of such as he infeoffed called the Lord and such as were infeoffed were called Tenants Lord in respect of gouernement and commaund and Tenants in respect of their tenures and manner of holding vnder the Lord whom they were to obey Lord. But when or about what time was this erection of Mannors Sur. As I take it and as it seemeth in the time of the Normans for among the Saxons was no such name as the name Mannor yet the thing euen in substance was then for they had Demeisnes and seruices in substance but the demeisnes they called Inlands and the seruices Vtlands so that it differeth only in name but in Iurisdiction little or nothing at all Lord. Whereof is it called a Mannor Sur. There is some differeÌ„ce of opinioÌ„s wheÌ„ce the woâ—d Mannor should be deriued it is in Latin called Manerium yet a word not vsed among the Romans or ancient Latins therfore to find the etimon by it cannot be for the word is vsed among our Lawyers as many other made words are which haue bin termes raised by our Lawes are not elsewhere in vse and therefore the neerest way to find the signification of the word is by the quality of the thing so that some hold it should proceed of the Latine verbe Manerâ— which signifieth to abide or remayne in a place as the Lord and his Tenants did in this wherof the head house or the Lords seate was called Berrye which signifieth in the Saxon toong a dwelling place which continueth yet still in Hartfordshire and in diuers other places and is also taken sometimes pro castro which was also the seate of the Lord of some Mannorâ— Mannor houses were also and yet are called in some places Halls as in Essex and Northward Courts and Court-houses Westward as in Somerset Deuon c. as also Mannor places all which are places of the Lords owne abode and therefore it may not vnfitly be said to take name of abiding or dwelling Some thinke and not improperly that it taketh name of the French word Manemirer which signifieth to till and manure the ground And of the two I take this latter to be the most proper deriuation of the word Mannor for thereof are many chiefe houses of tillage called Predia Graunges It may also take name of Mainer to gouerne and guide because the Lord of the Mannor had the managing and direction of all his Tenants within the limits of his iurisdiction Of these deriuations qualem mauis accipe necessity tyes to neyther Lord. These significations of the word may stand all with sence and much materiall it is not whence the word ariseth but the likelyest is indeed that which most agreeth with the propertie of the thing But I haue within my Mannors sundry mesuages whence is the name deriued Sur. Of meisus or mesuager which is as much to say as familiam administrare to gouerne a houshold for euery of the Tenants had his family and of diuers of them and of the Lords family did a Mannor consist Lord. Then no doubt if a man haue a thousand Acres of Land more or lesse to him and his heires which lyeth in one intire péece not yet diuided may be diuided into parts as a portion for the Lord himselfe and some parcels to erect such mesuages for Tenants to do him seruice as he may make a Mannor where none was before Sur. No Sir for although a man haue a competent quantity of Land in his manurance and would conuert it to the end you speake of were it neuer so great and could establish many mesuages and could erect whatsoeuer seruices this would not become a Mannor because all these must haue long continuance which can not at this day be confirmed by any priuate man but by the King only but he may haue thereby a kind of seignory a Lordship or gouernement in grosse ouer his Tenants by contract or couenant but no Mannor No man at this day can create a seruice or a tenure or by any meanes rayse or erect a Mannor for there must be very Lord and very Tenant in fee-simple and that of auncient coÌ„mencement and continuance or else it can inure no Mannor For a man may haue demeisns to occupy and Tenants to do him seruices and that of continuance and yet no Mannor As if a man that had Land did giue part of this Land in former time to some others in tayle to do him seruices heere are demeisnes in the donor and seruices in the donees and a tenure yet because there be not very Tenants in fee simple remaketh no Mannor Lord. Whether are all Lands holden of a Mannor parcell of the same Mannor Sâ—r. No Lands may be holden of a Mannor by certaine seruices the seruice may be parcell of the Marnor and yet the Lands not Lord. But may not this Land be made parcell of the Mannor at this day Sâ—r. By no other meanes but by escheat for if the Land fall vnto the Lord by escheat then it comes parcell of the Mannor for then is the seruice extinguished and the Land commeth in place of it Lord. May not a man purchace Land that lyeth néere his Mannor and annexe the same and make it parcell of the Mannor though it held not of the Mannor before Sur. Forraine Land newly purchased though it lye within the precinct and bounds of the Mannor can not be annexed though the Tenant thereof be willing to do his seruices there for this is in nature of a new creation of a tenure which at this day the lawe will not admit only the King by his prerogatiue may Lord. What if it were tyed vnto the Lord of a Mannor for the payment of an annuity is not the annuity then parcell of the Mannor And if that Land be purchased by the Lord and thereby extinguish the annuity doth not that Land come in place of the annuity and so become parcell of the Mannor as the Land you spake of before which by the escheat
conuent but what say you to the Rents of Assize What meane you by Assize Sur. Truly for my part I take it to signifie set in certainty for these kind of rents are as in the beginning neither risen nor falne but doe continue alwayes one and the same and only they and none else can be properly called rents of Assize Lord. I thinke you take it rightly and are all rents of one kind Sur. No there are properly three kinds as rent seruice Rent seck and Rent charge Lord. These termes are strange to me though I be Lord of many Mannors and no doubt I receiue rentes of euery of these kindes but how to distinguish them I can not tell And whether I haue bin abused by mine Officers or no I know not for they neuer told me of these many kindes of rentes and therfore let me intreat you for my satisfaction a little to explaine their seuerall natures Sur. These Seuerall rentes are paide vpon seuerall considerations and haue seuerall grounds and commencementes and are diuersly to be leuied and recouered if they bee denied That which is called Rent seruice is so called because it is knit to the tenure and is as it were a Seruice whereby a man holdeth his Landes or Tenements As where the Tenant holdeth his Lands by Fealty and certaine rent or by Homage fealty and certaine rent or by any other seruice and certaine rent the rent is called Rent seruice for as the Seruice followeth a Tenure so the Rent followeth the seruice And if this rent bee behind the Lord of Common right may enter and distrayne for it The Rent charge is so called because when a man graunteth any Land whether it bee in fee-simple â—ee tayle for life for yeares or at will and in his deede reserueth a rent with clause of distresse for non payment by vertue of this clause the Land is charged with payment of the rent by expresse wordes and by force of it the Lord may distraine for his rent behind Lord. This kind of rent is at this day I thinke most common for fewe will graunt Land but they will make such prouision that the Land shall stand charged with the rent Sur. It is true for at this day there can be no rent seruice raysed because it cannot bee without a tenure which can not be at this day created Lord. What is that you call Rent seek Sur. It is a bare rent reserued vpon a graunt wherein there is no mention made of charging the Land by distresse and it signifieth redditum siccum a dry rent for the recouery whereof the Land is not charged Lord. Few such rents are now adayes for a man had nâ—ede to make all the prouision he can to secure his rent and yet he may be driuen to try his vttermost meanes to recouer it But you haue satisfied me also touching these rents now let me intreate you to shew something of oâ—â—er things incident vnto a Mannor by which the Lord receiueth profit or prerogatiue Sur. Profits may rise by infinite meanes and wayes out of a Mannor to the Lord but all Mannors yeeld not profits or commodities alike neither in nature or value Lord. I thinke indéede all Mannors are not alike profitable to the Lord neither hath euery Mannor like meanes yet I desire to know for my experience sake what may grow out of a Mannor that I may the better looke into the natures qualities of such as are vnder my power and commâ—â—nd Sur. If you haue a Mannor or Mannors there is as I sayd before a Court Baron at the least incident thereunto and to some a Leeâ—e or Law-day which is called the view of franck pledge by which Courts do grow many and diuers perquisites and casualtyes as fines of land Amerceaments heriots rehefes wayues estrayes forfeitures escheates profits growing by pleas in Court and such like Lord. You may doe well to shew mée though briefly what euery of these former things doe properly import for to tell me the names and not the natures of the things is as if I should know there is a Sunne but whether he giue light and heate to be ignorant Therefore before you passe further in any discourse shew me how fines of Land doe arise vnto the Lord and what amerceaments are and the rest Sur. Fines of Land are of sundry kindes and yet properly and most especially they arise of copyhold or customary Lands and Tenements which are in diuers Mannors of diuers kinds for there are customary Lands which are called copyhold of inheritance and they are such as a man holdeth to him and his heires according to the custome of the Mannor at the will of the Lord. When such a Tenant dyeth and the heire commeth to be admitted if the custome of the Mannor beare a fine certaine he giueth but the accustomed fine If it be vncertayne and arbitrable he agreeth and compoundeth with the Lord or Surueyor or Steward for the fine Some hold Customary Land for liues as for one two or three liues whereof the fine is alwayes at the Lords will as is also the fine for yeeres There are also fines for licences of Surrenders of Customary Land and for alienation also of free-hold Land and these are called Fines which signifieth as much as a finall composition and when the fine which is the end of the contract is answered all but the yeerely rent during the terme agreed vpon is payd These and such like summes of money raysed aâ— a Courtâ—arâ—â— are parcell of the peâ—quisites of the Court as are all amerceaments which are summes of money imposed vpon the Tenants by the Steward Surueyor by oth and presentment of the homage for default of doing sute or for other misdemeanours punishable by the same Court infinite in number and quality Lord Whence taketh the word Amerceament name Sur. Of being in the Lords mercy to be punished more or lesse crumenally at the Lords pleasure and will It is no doubt a borrowed word as many other words vsed in our common lawes are for hee that is amerced is sayd to be in misericordia that is in the mercy of some body Lord. These wordes may be vnderstood by vse and by the manner of the vse of things but he that should seeke the etimon among the Latines of the substantine Amercâ—â—mentum and the adiectiue Amerciatus might seeke long be neuer the nâ—ere But I perceiue we must take it as our â—athers first framed it and left it I vnderstand what it meaneth in our common sence and that sufficeth Sur. Other words not a fewe in like sort to bee vnderstood we find in vse amongst vs which doubtles the Romans neuer knew and yet they that haue to do with the things wherein they are vsed vnderstand the meaning although their deriuations be strange as amoÌ„gst others it is questionable whence the name of a heriot may be deriued Lord. That would I be
you are of so qualified a disposition your example may do good to others if not it will giue euidence against the contrarie minded in time to come And so for this time I must intreate you I may take my leaue of you I will attend your other occasions foorthwith Lord. That is my will But who comes yonder Sur. I take it is your Tenant that lately departed from vs. Lord So it is I will leaue you two together farâ— you well You know the placeâ— where mine occasions will draw you and in the meane time I will make you a warrant to go in hand with it The end of the second Booke The Surueyors Dialogue betweene the Farmer and Surueyor wherein is shewed the manner and method of keeping a Court of Suruey with the articles to be inquired of and the charge how to inroll Copies Leases and Deeds and how to take the plot of a Mannor The third Booke Farmer YOu are happily met here againe Sir haue you euer since had conference with my Landlord Sur. Yea. Farm He is a man of good vnderstanding and very inquisitiue of things of profite And yet to tell you truly he is a good man to his tenants Suruey Loue him then for such deserue loue Farm He is beloued of his tenants indéede for they will go and ride and fight for him Sur. It is the part of good tenants and an argument of a good Landlord But fare you well I cannot now stay I haue bene long letted by your Landlord and you Farm Are you presently to vndertake the suruey of my Landlords Lordships Sur. I am now going about it Farm I thinke it be in your choice where to begin let me therefore intreate you to begin with Beauland a Mannor of his here at hand whereof I am both tenant and Bayly and therfore I will and must attend you and yéeld you my best ayd both by my trauell information and records of the MaÌ„nor Sur. Keepe you the Lords records Bay The key is in my keeping that leads to the Chest but the key of the Chest is in my Lords kéeping but I will send for it that you may haue y e full view of the euidence Sur. So it behooueth Is it a large Mannor Baylie It is spacious in circuit and of great apparance of Tenants full of diuers commodities both vnder and aboue the earth as also of fishing and fowling and beareth not the name for nought for the Mannor is faire and very commodious Sur. Be you then my guide Is yonder it with the faire house by the Woods side Baylie That is it and a stately house it is indeede Sur. It seemes to be a large and loftie cage if the Bird be answerable Baylie What meane you by that Sur. I meane that a Titinus may harbour in a Peacockes cage and yet the cage maketh her not a Peacocke but will be a Titinus notwithstanding the greatnes of the cage So if this loftie Pyle bee not equalized by the estate and reuenewes of the builder it is as if Paules steeple should serue Panâ—ras Church for a Belfrey Baylie I thinke my Landlord sent you not insteaâ—e of surueying his Land to deride his house Sur. The house is beautifull and faire I deride it not you doe your selfe wrong in attaching mee neither discommend I the builder For he that hath gold enough let him build a house of gold with Nerâ— who made vnto it a pond Mariâ— iâ—stâ—r and woods full of all kind of wild Beasts Publius Clodius whom Milâ— slew bought a house which cost him 147000 Sestâ—rties Let Princes haue their Palaces and great men their pleasant seates for the poorest will please his fancie if he be wilfull But to tell thee by the way for this is but idle communication that I haue obserued in nothing more sudden and serious repentance then for building I could point out places and persons too with my finger but what needs that I wish their repentance could redeem the thing repented of but it cannot no more then Quintus Curtius could redeeme himself out of the deuouring gulfe We haue in our dayes many and great buildings a comly ornament it is to the face of the earth And were it not that the smoake of so many chimneyes did raise so many duskie cloudes in the aire to hinder the heate and light of the Sunne from earthly creatures it were the more tolerable Bayly Nay truly I will excuse that fault the fire is made most in the kitchin Sur. Then it besmoketh not the hall as old worthie houses did whose kitchins smoake sent foorth cloudes of good meate and showres of drinke for the poore Bayly Yea Sir that was a comfortable smoke but Tempora mutantur omnia mutantur in illis no earthly thing continueth constant but hath his change Lo Sir now you are come to the house it selfe Sur. Truly here is a pleasant ascent neither too steepe nor too flat and of a good length And now we are come to the top of the hill here is a goodly prospect and pleasant And these springs I like well For a house without liuely water is maymed and the water is well conueyed that it cannot annoy the foundation of the house and yet serueth the most necessarie offices very commodiously and I see the Conducts are made of earthen pipes which I like farre better then them of Leade both for sweetnes and continuance vnder the ground The trees are well placed about the walkes but that they are somwhat too neere together their branches confound one the other they are but twenty foot and I like better thirty It standeth warme and comfortable towardâ— the South-east to which the best lights are made fitly to serue but iâ— the ground would haue serued I like plaine South the better point for the comfort of the Sunne at all times of the yeere And nature hath planted this wood most commodiously in the North side of the house And it is delicately aduanced vpon the edge of the hill it is not possible to seate a house more delightfully for Winter and Summer in mine opinion Now if vpon view of the demâ—â—snes and the rest of the parts it be not found like vnto a child borne in Chesshire with a head bigger then the bodie I shall like it well Now to our businesse you are Bayly take this Precept and summon the tenants to make their appearance according to the purport of the same The forme of the Precept THese are to will and in the name and behalf of the Lord of this Mannor to require you to giâ—e notice and warning vnto all and singular the tenants of the same Mannor that they make their personall appearance on Munday next being the tenth of this instant â—une at the place where the Lords â—ourts of this Mannor are vsually kept And also to warne them and euery of them to bring with them all such Deedes Copies Leases other
Euidences wherby they or any of them do hold or claime to hold of the Lord of this Mannor any lands tenements or hereditaments And that they then and there shew or cause the same to be shewed vnto the Lords Surueyor at the Court then and there to be holdeÌ„ for that purpose and to giue their further attendance as occasion of the seruice shall require Whereof faile you not c. Dated the 3. of Iune in the fourth yeare of the raigne of our Soueraigne Lord Iames by the grace of God King of great Brittaine France and Ireland c. Per I. N. Superuiss To the Bayly of the Mannor of Beauland or to his Deputie Commonly the Lords of MaÌ„nors do direct their letters of warrant vnto the tenants vnlesse the Surueyor be a knowne Surueyor by patent and performeth the seruice when and where he thinketh most fit for the Lords vse The order of a Court Baron being performed for a Surueyor hath not power to administer an oath ex officio vnlesse he be a Surueyor by patent or by commission out of the Chancerie or Exchequer Duchie Court Court of Wards or such like by a particular Steward or by the Surueyor who for the time may supply the Stewards office and the charge of the Court Baron ended the Surueyor may proceed to his admonition and charge to the effect following First taking note of the names of euery tenant both Free-holder Copy-holder Leaser tenant at will in a paper to whom after they be sworne the Surueyor may say You that haue bene here presently sworn to performe our vttermost duties in al the things that are shal be giuen to you in charge do or at least you may conceiue that as the Court Baron the charge wherof you haue already heard is with you ordinarily twice a yeere if the Lord wil euery 3. weeks this kind of Court which I haue now to admonish you in tending to the suruey of the MaÌ„nor hapneth not perchance in the time of a mans age thogh the Lord hath power no doubt occasion to keepe it oftner You must therfore shew your selues so much the more diligent in this by how seldome you are troubled therewith And it behooueth you to call to mind what by oath you haue assumed to performe namely all that shall be giuen you in charge wherof part hath bene deliuered vnto you alreadie which being so ordinarie amongst you it must needs be more familiar theÌ„ the things you haue seldom heard of And for that this busines of Suruey stretcheth a litle further then the Court Baron let your duâ— attentioÌ„ and examination and faithfull presentation witnes your true affections to the persons ends to which the purpose of our present meeting at this time aymeth The particulars inquirable are many and of many kinds but the persons and ends few The first is God in whose presence we all stand who loueth truth froÌ„ the inward parts that is when the action the wiâ—l concur hateth dissimulation The second is the King whose we al are vnder God whose lawes we are to follow as well in this busines as in any other for that it tendeth to the seeking and settling of truth the mother of true peace betweene you and your Lord in giuing both to you and him what is equall and iust The third is the Lord of the Mannor whose you are vnder God the King and therfore requireth at your hands at this time equall dealing neither to discouer for malice nor to conceale any thing for fauour to either party The fourth is your selues whoÌ„ you can in no better sort befriend in this action then to keepe your hearts lips pure in coÌ„ceiling or vttering for there is as great a danger in conceiling truth as in vttering a falshood And â—here is no such burden as the burden of a guiltie conscience which is laid on no man but of himself And lastly the persons to be considered in this businesse are your posterities whom your true or false relatioÌ„s will either helpe or hurt The ends wherunto it aymeth are first to explane vnto the Lord of the Mannor what is his by the examination of your estates rents customes and to establish you in all things that are rightly youâ—â— both which being truly found duly recorded caÌ„not but preserue amitie between you and your Lord which should be the principall end of all indeuors And sith God is the first and the last and wil be present in the beginning in the middle and in the end of all your consultations and will be a witnes for you or against you euen in your most secret counsels set him before the eyes of your harts so shall you tremble to conceale truth or vtter falsitie whether it be with or against your selues or dearest friends yea or the Lord of the Mannor himself whose purpose in this seruice is that the manifest truth might be confirmed the hidden reuealed and errors abandoned And all this lyeth in you and at your hands it is required to search and by searching and examination to find out and found to deliuer and present the whole and not a part of your sincere knowledges for from your mouths must that be taken and had which must be recorded for the direction of your posterities as a perpetuall glasse wherein the estates of all the particulars within this Mannor may be at all times seene and confirmed wherein you shall discharge your duties to God who commaunds and commends truth to the King who by the sword of his Iustice maintaines truth to your Landlord who desireth only to knowe haue his owne to your selues who by this meanes shall possesse your owne in peace and to your posterities who by this your trauaile diligence and true information shall partake of your sincere and faithfull seruice being inrowled and recorded vnder your names to your perpetuall commendation whereas if you delude me and abuse the Lord of the Mannor that hath sent me I by your sinister information may commit error and leaue it to your posterities by record yet shall I be free of the wrong and you shall answere it And if you should frame any defence against the seruice and plead either ignorance or shewe obstinacie pretending thereby to stand dispenced of your oath because you doe it not you deceiue your selues for the seruice is so inseperably knit to your tenures and your tenures to the Lord of the Mannor deny or refuse to doe the one you forfeit the other howsoeuer some may say that they are freeholders they are customarie Tenants of inheritance which in their conceit implyeth a kind of freedome let them not deceiue themselues their estates are conditionall as both by their deeds and copies they may bee easely resolued by these words Habendum sibi et haeredibus suis in the deed advoluntatem domini secundum consuetudinem manerii in the copie In both pro reditu et seruiciâ—s inde prius
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
the land cannot inherit 〈◊〉 hareditario but by conueyance Neither if he purchase land in his owne name can any inherite it after him of his supposed bloud vnlesse he be maried and haue children lawfully begotten to inherite Because it is contra formam Ecclesia as appeareth more at large Merton cap. 9. For a Bastard is no mans or euery mans sonne 7 What Demeysne lands hath the Lord within or belonging to this MaÌ„nor what how much woods vnderwoods medow pasture arable moores marshes heathes wastes or sheepe walkes And what is euery kind woorth yeerely by acre how many sheepe may the Lord keepe vpon his walke winter and sommer and what is a sheepe-gate woorth by yeere and what is euery acre of wood woorth to be sold Although this Article and sundry other hereafter mentioned be in substance enacted by a Statute made Anno g. Ed. 1. called extenta Mannerii to be inquired of by the tenants yet it is the part and office of a Surueyor to see examine iudge by his own experience knowledge euery particular comparing the Iuries presentment with his own opinion so shall he more truly attaine to the true vnderstanding of the things he seeketh and the more if he discreetly feele the minds of forraine inhabitants that are ignorant of the cause of his inquisition 8 What demeisne Lands hath the Lord lying in the common fields of the Mannor howe much in euery field and euery furlong And what is an acre of field arable land worth by yeere The like you are to present touching demeisne meddow lying in any common meddow within the Mannor 9 Also you are to present the names of all your common fields and howe many furlongs are in euery field and their names and the common meddowes and their names And what beasts and sheepe euerie Tenant ought to keepe vpon the same when the corne and hay is off And what a beast gate and sheep gate is worth by yeere Also at what time your field and common meddowes are layd open and howe are they or ought to be vsed And whether is it lawfull for the Tenants to inclose 〈◊〉 part of their common fields or meddowes without the licence of the Lord and consent of the Tenants This Article is duly to bee considered first in setting downe in certainty what euery man is to keepe vpon the fields and common meddowes because iniury is daily done by some of greatest abilitie to the meaner sort in oppressing the fields with a greater number of Cattle then according to a true proportion will fall vnto their share which is very eâ—tortion and a punnishment is to be inflicted vpon the offenders Also inclosures of common fields or meddowes in part by such as are most powerfull and mighty without the Lords licence and the Tenants 〈◊〉 is more then may be permitted the reason is that the rest of the Tenants loue 〈◊〉 much right 〈…〉 the same when the corne is off as he hath that encloseth the same Bayly But Sir if they lay it open at Lammas or at such time as custome requireth I think he doth neither Lord nor tenants wrong Sur. Yes for first be depriueth theÌ„ both of the feed of as much as his hedges ditches and enclosures take besides whether is it as conuenient for passe and repasse for cattle at one little gappe or two as when there is no estoâ—ell at all Bayly You like not enclosures then Sur. I do and I thinke it the most beneficiall course that tenants can take to increase their abilities for one acre inclosed is woorth one and a halfe in Common if the ground be fitting thereto But that it should be generall and that Lords should not depopulate by vsurping inclosures 10 What Commons are there within the Lordship which do properly belong to the Lord and tenants of this Mannor and how are the tenants stinted whether by the yard-land plow-land oxegang acres or rent how many may euery tenant keepe after either proportion or rate In this the like consideration is to be had as of the former but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica forraine herbage or pasture because no part of it is proper in any sort to any peculiar tenaÌ„t no not to the Lord himselfe as are the common fields coÌ„mon meddowes This kind of Common or pastura forinsica is in three sorts the one is where a Mannor or towne-ship hauing and holding their land in seueraltie haue by consent lymited a certaine parcell of ground to lie common among them and from the beginning haue stinted euery man according to a proportion betweene them agreed and that is commonly by the acre which the pasture containeth Another maner of such kind of common pasture is where certain waste grouÌ„ds one two or more lie within the MaÌ„nor or township and the Heard of the whole Towne is guided and kept by one appointed by the Tenants and at their generall charge to followe their Cattle in which kind of pasture there is also a limitation or stint both of the number and kinds of Cattle A third kind of this pasture or common feeding is in the Lords own woods that lie common to the Tenants as also common Moores or heathes that were neuer arable In all the former coÌ„mons of pasture there should bee a certaine stint and allotment both to the Lord and his Tenants but in this latter it seemeth that the Lord should not be limited because all these latter commons are supposed his owne and the Tenants haue no certaine parcell thereof layd to their holdings but only bit of mouth with their Cattle But the Tenants ought to bee stinted in all sorts of common lest as I sayd before the rich deuour the poore for the one can prouide sheepe and other Cattle for the summer and haue inclosed pasture for the winter or can sell againe when the forraine pasture is gone but the poore cannot doe so 11 Whether hath any man to your knowledges incroched any part of the Lords waste by inclosure or adding any part thereof to his owne land present who hath so done where how much and how long it hath continued This kind of incrochment is not rare especially where great wastes and mountanous grounds are where the Lord nor his officers walke not often and where Tenants for fauour or affection will wincke at euill doers or for their owne priuate lucre commit the same error themselues with hedges ditches pales walls shed is c. 12 Whether hath the Lord any Parke or demeisne wood which by stocking may turne to the Lords better benefite by pasture Arable or meddowe and what is an acre worth one with another the stocking and how many acres is the wood and what will an acre of the wood be woorth and what will an acre of land be worth by the yeere to be let when the ground is stocked
and 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
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
Fulling-milles and where those are not yet there may be vse of Corne-milles and such like And in some places the force of water-courses is vsed to raise water out of one place into another where the naturall current denyeth the comming and mounting thereof with infinite other deuices according to the situation of the place and necessitie of the thing required Which although they be not all Mils to grind corne yet may they bring profit to the Lord which is the thing the Surueyor should couet not onely to obserue what is alreadie but must haue also some iudgement to erect some if the water-course will conueniently affoord the same To the Corne-mils which are custome milles doth belong a kind of duty from the tenants that is that they are bound to grind their corne at the Lords mill and that kind of custome is called Socome Bayly Must a customary tenant of a Mannor where such a mill is be forced to grind al the corne he spendeth in his house at the Lords mill Sur. Of necessitie if it grow vpon the Mannor or else the Lord may amerce him for his default Bayly What if he be forced to buy it in the market Sur. Surely then it is a question whether he be bound to grind it there or not But I take it he is at his liberty to grind it where he will euen where he finds himself best serued For there is bond-Socome that is where the tenant is bound by custome and lone-Socome where he grindeth of free-will Bayly We that are tenants would be glad if you could tell vs what toll our Miller may take for we are much abused in it as we thinke because we be bound by custome we cannot conueniently leaue the mill and yet we find no remedy of the millers abuses Sur. As touching Tâ—ll which word commeth of the verbe tâ—llâ— to take away as it seemeth there are so many differences by grants made by Lords of Mannors that the certaintie in generall can hardly be declared Some Millers take a twentith some foure and twentith part tenants at wil shuld pay a sixteenth part and a bond tenant a twelfth part and some are toll-free But howsoeuer the toll be feare not the Miller will be no loser And for his abuses you haue your remedie in the Lords Court or at the common law 26 Whether hath the Lord of the Mannor any peculiar fishing within any riuer brook mere stagne pond or other water where and how far doth it extend and what is it yeerely woorth and who be Farmers thereunto what common fishings are therein and waters within the Mannor and how is the same vsed As this Article is little needfull to be propounded in Mannors where no riuers or sufficient waters are for fishing so is it very necessarie to be examined where such waters are For it is daily obserued that many abuses are committed against the Lord himselfe by such has vsurpe his peculiar fishing and against the Common-wealth in destroying fish as appeareth by the punishment ordained against ofâ—endors therein 25. He. 8. cap. 7. and 31. Hen. 8. cap. 2. Therefore it behooueth the Surueyor to be more carefull in seeking the meane how to raise a profite vnto the Lord by his fishing then to find the present abuses which are inquirable and punishable at euery Leete although if any apparant offendors be found he is to aduertise the Lord for reformation but it is no part of the matter inquirable and to be inrolled in his booke of the Suâ—uey For nothing is therein to be inserted but matter of perpetuitie in recommending the present state of the Mannor vnto posterities and for the Lords immediate vse And therefore besides the ordinarie fishing in smal land riuers brookes and ponds there must be also remembred what profite may arise by fishing in the sea if the mannor be nere it or any creek thereof in oysters muscles cockles crabs creuishes and such like 27 Whether hath the Lord of the Mannor any Fowling within this Mannor by meanes of any moores marshes waters brookes reedes or such like as of Ducke Mallard Widgine Teale Wild-geese Busterd Plouers Bitters Swans or such like foule or any woods wherein do breed any Herinshoes Shoutlers Storke or such like or any Pibble Peach or Sea-bank wherin breed sea-Pyes Oliues Pewets or such who taketh the profit of them and what are they woorth by yeere These kinds of commodities are not in euery Mannor and therefore as in all other things it behooueth the Suruey or to consider of these particulars and giue no more vnto the Iurie to be inquired of then he either knoweth to be inquirable or likely by examination to be found in the Mannor he intendeth to suruey 8 Whether hath not the Lord of this Mannor time out of mind had and receiued all waiues estrayes felons goods treasure found within the MaÌ„nor and such like profits and whether hath he bene answered of them from time to time truly or not and who is the officer that doth ouersee and take notice of the same to the Lords vse Although these kind of profites may redound vnto the Lord by prescription yet most commonly they are confirmed by charter and therefore the Lords euidences together with the vse must be examined 29 Whether are there within this Mannor any Tin-mines Lead-mines Copper-mines Cole-mines Quarryes of stone of Marble Free-stones Mil-stones Lime-stones Grinding-stones Marle or Chalke-pâ—ti 〈◊〉 or moorish earth fit for soyling of land or any Potters claâ— clay for Bricke or Tile or any Fullers earth or any sand or grauel-pits or such kind of commoditieâ— and what is euery such kind woorth to the Lord or may be made woorth by yeere These are casualties and seldome or neuer at all happen in any Mannor and few Mannors but haue some or one of them 30 Whether hath the Lord of the MaÌ„nor any Turffâ— Peates Heath Broome Furzâ— or Flagge which are or may be yeerely sold within the Mannor what may they yeeld the Lord by yeere These things are not in euery country much lesse in euery Mannor for I think Essex can affoord little of them vnlesse it be of Turffes and Peates if they were sought in some low grounds in some creeke of the sea Northumberland Westmerland and those wild fields yeeld store of peates and turffes so doth Yorkshire some and other places many Bayly What meane you by Turffes and Peates are they not heath Turffs you meane Sur. There are heath-Turffes which are also meant in this Article but the Turffe and Peate is of another kind for they are taken in bogges and such rotten grounds as cattle cannot feed vpon And those that are first cut vp are called Turffes of the vpper part and such as are taken downward are called Peates Bayly How meane you downward Sur. Vnder the first cut for you may cut a speares length deepe in some places in the summer time and that kind of earth
will burn very excellently And if it be cut neuer so deepe it will fill againe in few yeeres and then may it be digged againe Bayly Then it is beneficiall ground Sur. So it is and I thinke there be many grounds would serue to this purpose if they were sought out where scarcitie of other fewell is Bayly You spake of Furze I take that to be no good fewell but to brew or bake withall Suruey Yes it is good fire-wood in Deuonshire and Cornwal where they make great profite in venting it for that vse in many the greatest townes and in Excester especially Bayly Then are they better then our ordinary Furzes about vs. Sur. The countrey people do call them French Furzes they haue a very great stalke and grow very high and their prickle very strong but that they grow thicke and the body is commonly bare to the coppe where is onely a greene bush of the tender and small branches and seldome elsewhere so that they easily make them into Faggots 31 Whether is there within the Mannor any Slate-stones for â—iling red or blacke Lead or Oker for marking stones These kind of Slate stones are full in Cornwall and the marking stones most about Darbyshire and those parts 32 What Deere hath the Lord of this Mannor in his Parke red and fallow how many of Antler and how many rascall who is Keeper and what is his Fee by yeere whether hath he any Warren of Conies or Hareâ— who is Keeper of either of them and what Fee hath he by yeere and what is the Warren of Conies woorth by yeere and what were the Parke woorth by acre to be let by yeere if the Deere were destroyed and how many acres is there within the 〈◊〉 A Parke for Deere is more for the pleasure then for the profit of the Lord or Commonwealth and yet fit that Princes and men of woorth should maintaine them at their pleasures yet not so fit that euery man that listed should maintaine that game for his priuate pleasure that depriueth a Commonwealth of more necessary commoâ—ties But men of late are growne more considerate and haue disparked much of this kind of ground and conuerted it to better vses As for warâ—ens of Conies they are not vnnecessarie they require no rich ground to feed in but meane pasture and craggy grounds are fittest for them It is therefore in the discretion of a good and circumspect Surueyor to aduise his Lord how to dispose of these things for his best aduantage 33 What pentions portions payments or fees are or ought to be yeerely payed out of this Mannor to whom are they payed and for what and what rent or annuitie is there payed or ought yeerely to be payed out of any Mannor or by any person vnto the Lord of this Mannor and whether hath the same bene duly payed or discontinued what is the annuitie or rent by whom ought it to be payed for what thing and how long hath it bene discontinued These things are very duly to be examined both which go out of a Mannor or be payed to a Mannor although in many places they be much neglected not in calling for I confesse but if such payments be denyed the Lord to whom such things are due can hardly say or aâ—ow for what or in consideration whereof they are due and by that meanes men 〈…〉 right both of the payâ—◠〈…〉 of the land if it escheate yea whole Mannors 34 Whether is there within this Mannor any Market weekly or Faire at any time of the yeere kept on what day or dayes who hath the toll and profits of the same and what is it or may it be worth vnto the Lord by yeere Faires and markets are commonly by patent from the King 35 Whether doth the Lord or may he take in any â—â—ine to pawnage yeerely into his parke or woods what iâ— the pawnage woorth by yeere Bayly Sir you need little to enquire of that for Okes and Beech that haue bene formerly â—ery famous in many parts of this kingdome for féeding the Farmers veniâ—â—n are fallen to the ground and gone and their places are scarcely knowne where they stood Sur. It is very true and it is pitty that Lords of MaÌ„nors haue no more care of their posterities For assuredly there will be greater want of â—â—mber in time to come in this Realme then may be supplyed with little charge from any part else whatsoeuer And therefore might Lords and Farmers easily adde some supply of fuâ—â—â—e hope in setting for euery twenty acres of other land one acre of Acoâ—â—es which would â—ome to be good timber in his soâ—nes age especially where there is and like to be more want Bayly The course â—â—ere good but you 〈…〉 for Okes are 〈…〉 it will be long ere they come to be tiâ—ber Sur. I know in Suffolke where in twenty yeeres Acornes haue yeelded fruite already â—ere as high as a steeple of ordinary height Bayly Truly it is pitty it were not enioyned to men of abilitie and land to do it But I thinke men imagine there will be timber enough to the end of the world 36 Whether hath any of you any Deedes Euidences Court-rolles Rentals Sute-rolles Custome-rols Bookes of Suruey Accompts or any other escripts or miniments touching or concerning this MaÌ„nor If you haue any such produce them at this Court for the Lords vse and seruice or if you know any that haue any such deliuer their names that the Lord may procure them to shew the same 37 Who hath the adâ—ouson nomination presentation and gift of the Parsonage Vicarage or Free-chappell whereunto this Mannor belongeth or whether is it an impropriation belonging to the Lord of this Mannor who is incumbent of the Parsonage or Vicarage or who hath the impropriation in vse and what is it woorth by yeere Some haue taken and set downe a Parsonage or Vicarage to be parcell of a Mannor but I take it otherwise for a matter of spirituall or ecclesiasticall function cannot be parcell of a secular liuing But a Mannor as touching the tythe may belong to an ecclesiasticall charge neither do I thinke that an impropriation though it belong vnto the Lord yet is it not parcell of his Mannor because that ab origine euen from the fâ—râ—t institutioÌ„ it was dedicated to a spirituall office And although the profites were afterwards disposed to a secular person yet are not the profites parcell of the Mannor 38 Who is the Lords Baylie what is his name what yeerely fee hath he whether hath he a patent for life or is at the Lords will and who is Steward of the Lords Courts what is his fee whether doth hee hold it by patent or at will who is also keeper of the lords parke warrener or woodward what other officers are there within or belonging to this Mannor and what are their fees Sundry Mannors haue sundry officers some of the Lords
marke before you the line that you haue striken from the last pricke is the line that directeth to it but because you knowe not yet how many pole it will be you omit applying your compasses to the scale vntill you come to the marke and knowe the number of petches Sur. I must doe so now come on with the chayne How many pole is it in the whole Bai. 37. pole I see you take almost 2. inches for this nuÌ„ber namely one intire inch for 20. 17. parts of y e scale of 20. which in y e whole maketh 37. I sée truly as 37 is y e half almost of 75. so is this last line the answerable halfâ— of the first and the angle falleth out in the paper iust alike vnto the angle of the field Surely this is a perfect way and I conceiue the doing of it very plainely Sur. Then we may go on the faster for this doth a little hinder our businesse but if you thinke fit to aske any question do it freely and I will answer you willingly Bayly When I come to any doubt I will be bold Sir now we haue gone round about the Common of Water-burst and you haue closed it vp as rightly like it in forme as one forme may be made like another Whither will you go next Sur. Into the next field What field call you this Iury. Oxe-leaze Sur. Whole is it Iury. Thomas Turners Sur. How doth he hold it Iur. He holds it by Copy of Courtroll Sur. It is meddow Iury. Yea. Baylie I perceiue you write the names of the Commons and closes you take and the name of the owners and occupieâ—s and the qualitie of the ground and how it is held in euery particular close Sur. I must of necessitie do so for memory may not be trusted to retaine so many things as are to be noted in this businesse Bayly I pray you proceed to the rest Sur. What riuer call you this Bayly Will you haue the names of the riuers too Sur. Yea and the name of euery other particular else whatsoeuer for it is very materiall whether it be riuer Brooke lane high way crosse tree pond hill hedge corner gate stile grauell or sand-pit meerestones baulkes land shares or any matter or thing memorable because they are often mentioned in records butts boundaries deedes copies leases and to distinguish betweene land and land Mannor and Mannor parish and parish such like Bay In deede I perceiue it is very needfull to remember them all this riuer indeede is called Otter brooke and is indeede the bounds betweene this Mannor of Beauland and the next Mannor Sur. What call you the next Mannor on the other side the riuer Bay The Mannor of Littleton But will you obserue the names of all the Mannors that border vpon this our Mannor Sur. Yea of necessitie and whose Mannor it is for it were a simple part in me to take the circuit of this Mannor and if the Lord should aske me what Mannors lay about it I should answere I cannot tel it is fit the Lord should knowe who were his neighbour Lords and what Mannors were neere him Whose is the Mannor of Littleton Bay The kings Mannor and therefore whether you may boldly set it downe you may be aduised Sur. There is no feare where is no purpose of offence and in this it is not only not offensiue but expedient that the true bounds meeres markes of diuision betweene Mannor and Mannor should be obserued and set downe that either may knowe how farre his owne extendeth Bai. It is I confesse very necessary But Sir how will you doe nowe heere is a great pond through which you cannot measure how can you find the bredth of it that when you come to the other side you may take the lust distance for as I conceiue if you should lay it downe by your scale as you cal it too farre or too short you should bring all the land neere it out of rule making it either too much or too little Sur. I perceiue you vnderstand well for you say truly Therefore if you obserue what I doe you shall find that I will not commit that error Bai. How I pray you Sur. You see howe the instrument standeth truly erected as before you see a little Mole-hill vpon the further bancke of the pond I lay as you see the Index vpon it and take it for my marke iust in the middle of it and from this last station I strike a line at aduenture in the extention but truly vpon the marke then without moouing the instrument I turne the Index from this station where the instrument stands vnto the staffe which the marke-bearer hath set vp yonder and strike likewise a line to it as you see now I measure from this station to the staffe and I find it is 16. perches that you see how I take it with my compasses vpon the scale as I shewed you before and where the foote of my compasse falleth there is the place where the staffâ— standeth Nowe see I erect mine instrument againe and then I place my Index vpon this place measured vnto and turne the same vnto the middle of the former Molehill and you see that the Index doth crosse the first line I drawe a third froÌ„ the place of the staâ—â—e to the Mole-hill and it crosseth it you see at this place then I find that the very point of the crosse lines is the place of the Mole-hil Bayly But how know you by this how farre the riuer or pond is ouer Sur. I will tell you presently Lo I lay the one foot of the compasse vpon the first station and the other vpon the prick of the Mole-hill and now mark I lay the compasse without stirring the feete vnto the scale and as you see it taketh three inches and a halfe therefore I lay the compasse so as the one foot may rest vpon the scale which I haue chosen which is the inch diuided into twenty parts and that you see is iust in the middle of the inch which is ten perches and the other three whole inches are twentie apeece so the whole bredth of the pond is 70. perches deducting as much on either side as is between the brincke of the pond and the markes on either side because I could not plant mine instrumenâ— so neere â—he water but that some space must be of necessity betweene Baily I vnderstand this well and I sée that by this rule a man may take the distance of a place â—arre off and neuer measure to it Sur. So may you and to tell how farre distant diuers things are one from another though neither of them be neere you But for these things if you couet more instruction you may referre you to diuers in London or elsewhere that are practizers teachers of these Geometricall conclusions for now time will not serue vs neither for me to teach nor you to vnderstand the
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
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
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
sufficient to come into a Mannor and to call the tenants and to cause them to shew their euidences and to enter them and so to giue the Lord a booke of the estates end thinke they haue done a great worke Which is as much as if a Caterer should prouide meate and the Cook to send it to the table raw for his Lord to eate The Caterers office doth as much towards the Lords diet as the bare knowledge of the estates of a Mannor doth towards the performing of an absolute Suruey Yet is the Caterers office a good inducement and without this prouision the Cooke can do nothing without the knowledge of the estates a Surueyors trauail is to little purpose Bayly Yet you will enter euery mans particular lands againe will you not notwithstanding the entring of their Euidences Sur. It must be so after the view had and made of all the Mannor Bayly What else require you at my hands to be dâ—ne then at this time for I perceiue you haue giuen the Iurie their charge and limited them a day to bring in their verdict and you haue séene and entred all the Déeds Copies and Leases of the tâ—nants which haue appeared What will you now do in the meane time Sur. I must now command you the Lords Baily to appoint me some sufficient â—enants to accompany me in the perambulation and description of the Mannor Bayly What will you make a plot of the Mannor Sur. It is very expedient and necessary for many causes which I shewed you in our first conference Bayly Will you do it by instrument Sur. Yea. Bayly Then you néed the lesse helpe for you will vse no chaine Sur. I will and it behooueth to vse the chaine notwithstanding the instrument Bayly I haue heard some of your profession say they could plot out a Mannor and neuer vse line or chaine with the instrument Sur. A Painter can by his art delineate the proportion of any creature without vsing perspectiue glasse or a compasse euen by the eye and serious obseruation so may a man hauing the true vse of any topographicall instrument by rules geometricall describe a Mannor in a kind of forme without line or chaine or other measure But if he will say he doth or that he can truly delineate a Mannor with all the members as euery street high-way lane riuer hedge ditch close and field in forme with true curnings angles lengths and bredths so that by the plot which he so maketh a stranger by scale compasse may truly find the quantities of the particulars I will then say he is rara auis he is to be admired because I must needes speake as I find that it is a matter both vnnecessary and vnprofitable vnnecessary because it is as if a man should build a house without pinne or nayle by ingenuous excellent geometricall conclusions to magnifie the art when with more certainty it may be done by the ordinary ayd of pinns and nailes and it is vnprofitable because it will require a tenne-fold time more then the ordinary course of the instrument and chayne And yet when curiosity hath done all that it can in this behalfe he shall find though the conclusions be true the worke false Bayly Then I perceiue there be some vainglorious of your profession for I haue seene one come into a field set his instrument in the middle or in some part thereof and hath taken vpon him immediatly to say the content is thus much Sur. He that so assumeth vnto himselfe admiration may be more admired for his presumption then for his truth in performance for a peece of ground cannot lie in any such form as he with an instrumeÌ„t at one station can find the quantity though he may aime at it at two stationâ— but a peece of land may so lie as he shall erre let him â—ake as many stations as he can and yet hee must measure betweene his first two stations at the least and toile himselfe and his companions more then if he went the true course of art and reason Baylie What you meane by stations I am not acquainted but I hold the plainest way the truest way in all conclusions if art and reason bee not against them and sith the chaine I perceiue is necessary to bee vsed with the instrument I will prouide you helpe both for your aid in that behalfe and for your information hoping that you will not bee against me to view your manner of working and if I doe aske you a question now and then for my better satisfaction you will not be curious in aduising Sur. I will not only not be curious but I will gladly impart my poore skill vnto you if you be willing I will bestowe demonstration if you will afford attention and practise Baylie What call you this instrument Sur. Some call it the plaine table Baylie Is there no other instrument vsed in plotting of ground Sur. Yes according as men of skill doe fansie Baylie But which doe you approoue most for as there be diuers so men diuersely affect them Sur. Affection is often blind and it may mislead a man but reason seldome or neuer and therefore he that can maintain the credite of that he affecteth by reason I hold that a fit instrument for his vse there are but two principall instruments fit indeede for the plotting of grounds and that is this that hath the name of a plaine table and the Theodelite which sometimes I vse Baylie But I haue seene many and diuers formes of instruments and are they all comprehended vnder these two names Sur. No they haue sundry names but they are all grounded vpon like principles as a man may make sundry kinds of clockes one differing in a kind of forme from other and call them by diuers names yet they are all found vpon one ground and as euery clocke bringeth foorth like effects as to strike and to distinguish times So these instrumeÌ„ts though they differ in forme and name yet they produce like effects if they tend to this part of Geometry which is most principally called planimetry namely the measuring of the length and bredth of any thing as of a Mannor and of all sorts and formes of grounds Baylie But I haue heard of an instrument called a Circumferentor which some do vse about this businesse Sur. It is true it is a new name giuen to the very Theodelite vsed in a sort otherwise then the Theodelite but not contrarie For as the working vpon the Theodelite is performed by reducing the needle alwayes vpon the point North as it is marked in the boxe the Index turning to the degree and pointing out of the line of opposition So the Circumferentor hauing his Index fixed pointeth to the opposite and the needle falleth at aduenture vpon some degree marked in the boxe And the difference is onely in the protraction for where the one protracteth the worke by the degrees
found by the fall of the wandring Index so the other protracteth from the degree whereupon the needle falleth Bayly This differs as much as if the bell should strike the hammer to make it strike where it is more ordinary that the hammer should strike the bell but if the sounds be like certaine and sencible it makes no great matter whether do strike the other And if either of these instruments will performe the worke let men vse whether they list But I pray you let vs proceed in our intended businesse we haue company sufficient both for your instruction of euery mans land and to ayde you to carry the chaine as for your instrument I will carry Is it much materiall where you begin Sur. Truly no yet I hold it most fit to beginne abouâ— the middle of the Mannor and then to take a course as the conuenient lying of the land will moue vs or at one end or side all is one Bayly Then I thinke here is a conuenient place to begin the busines here is a spacious waste and neere about the middle of the Mannor Sur. I pray you then set down your instrumeÌ„t there Baylie What will you doe with that paper Sir Sur. I must fasten it vpon the table that as I goe I may drawe out the forme of euery particular Bay But what is that braâ—se Ruler that you haue taken out of the â—ase Sur. It is the Index of the plaine table Bay Wherefore strike you that line vpon the paper throughout the table at aduenture Sur. It is a meridian line vpon which at euery station as you shal see I lay the Index obseruing to lay it alwaies alike lest I mistake the North point for the South and the contrary Bay Wherefore serueth this great box and néedle vpon the middle of the Index Sur. It directeth to set the table alwaies precisely vpon one point Bay Must it stand alwaies one way and direct alwaies to one point how then can you find the true curuings of the angles Sur. When the needle of the Index standeth true as I take it now it doth Looke vpon it Bay Indeede it is right ouer the line Sur. Then I pray you let me haue one to goe before me alwaies to stand with a marke at â—uery angle Bay There is one gone Sur. I see him Loe I stirre not the table now it is truly rectified and vpon this line I make a pricke which is the very station where the instrument is supposed to stand and now from this pricke laying the Index hard vnto it I by the sights of the Index lay it vnto the mark which is set vp in yonder angle let him not remooue it till I come to it then as you see I draw a line froÌ„ the prick by the index as it lieth truly and firmely to the marke Come on with the line How many stickes is it Baylie Sir it is 25. stickes Sur. That is 75. pole Baylie Is your chaine thrée pole Sur. Yea. Baylie Oh Sir what do you now with your compasses that you first laid to your Index and after to the paper Sur. I lay out the true distance which is from the place where we begun to the place where the marke stands Bayly How do you know whether you strike that line too long or too short do you ayme at it as a man would diuide a thing in diuers parts by his eye Sur. No there is in all arts sundry parts and euery part hath his seuerall practise A man is not presently a Musician as soone as he can say his Gammaâ—th There are steppes and degrees to euery perfection But this little note that you take hold of is not the least of the practise in this facultie Bayly What call you it For as Arts haue diuers parts so euery part hath his seuerall denomination Sur. And this whereof we are now in hand is called The vse of the scale Bayly I pray you if I trouble you not too much let me see the demonstration Sur. You see in this Index diuers inches diuersly diuided one you see is diuided into 16 equall parts another into 20. another into 60. these are called scales of ascending or descending to a higher or lower computation and extention according to the number of perches found betweene station and station This as you see is 75. pole and the scale or diuided inch which I haue chosen is 20. as you see the inch so diuided Bail But how can you take 75. out of 20. for that you say is your scale Sur. I cannot take a greater out of a lesser therefore you see me apply my compasses to more inches then one though some of them be diuided more or lesse I must conceiue euery inch in the whole Index to be 20. Then I lay the one foot of my compasse ouer 3. inches which maketh 60. theÌ„ I lacke 15. to make 75. Therefore I set the other foote of my compasse into the scale of 20. and reduce it onely to 15. which 15. and the three inches next adioyning being imagined 20. a peece makes 75. And as you see the compasse thus spred I apply it without altering to the line which I drew from the first pricke and where the other foot of the compasse falleth there is the second station namely the place where this marke stood Bail Truly Sir I thanke you I conceiue it well for I perceiue I must alwaies accompt the inches not as they are in themselues diuided but euery of them 20. And if it be vnder 20. then I must reâ—erre me to the very scale it selfe which is diuided 20. and take the number out of it and if it be aboue 20. I must take the next inch or inches to the scale and take the odde out of the scale it selfe Sur. If your sudden apprehension haue as strong a retention you will do well but commonly quickest conceits do soonest forget Therefore must you often chew it in your mind and apply it to your memory and as we passe in this busines you may make some practice Bai. Sir I thanke you Sur. What call you this common Bai. Yeâ— that are Tenants and are swornâ— informe the Surueyor Iurie Sir it is called Water-hurst common Sur. So you that carry the marke I pray goe to the next angle and set vp your marke and stirre it not till I come Master Baily set downe the instrument againe heere where the marke stood Bai. I perceiue you lay the Index vpon the line againe and then you turne the table till it be by direction of the néedle North and South as before Sur. I doe so Bai. But why doe you now lay the Index and by it looke backe againe Sur. Only to try whether the needle be right for if the Index from this last pricke doe fall truly vpon the first station then may I be bold that I shal make the next angle true Bai. Nowe you lay the Index to the yonder
things at full which are required in the Mathematickes whereof this is but a pâ—râ— Bayly I thanke you for your present willingnesse when better your oportunitie and leasure wil permit you I will be bold â—o trouble you further I will be thankfull I will not now let you I pray you procéed Sur. What house is this Bayly These men of the Iury will tell you better then I for I am but a stranger here to speake of and I dare not be too bold to speake either by gesse or by report of things which must be recorded to posterities Sur. You do better to forbeare and to be silent indeed then to speake what may leade vs into error as many busie and forward fellowes do to the hurt sometimes of the Lord sometimes of the tenant And some Surueyors ouer credulous will take their raw reports for matter of record and so leaue doubts or vntruths to them that shall come after But what say you that haue bene sworne Iury. The name of the house is Fullers but why it is so called we cannot tell Sur. It is so called no doubt of some former tenant of that name for houses and farmes are oftentimes called after sundry names according to the varietie of the tenants names and it is a good course to set downe all the ancient names of a farme because in ancient records names are found both of farmes and closes and such like that are out of knowledge for want of the continuance of expressing them in their Copies Deedes Leases Rentals fute Rols and custome Rols But whose is the house now Iury. It is now in the renure of W. Sands Sur. How doth he hold it Iury. By Lease for 21. yéerâ—s Sur. When I come to any of the land that belongeth to this house let me vnderstand it for it is conuenient to mention in setting down euery peece of ground to what house farme or tenement it belongeth Bayly Here you are now come to the Lords wood Sur. What call you this wood Bayly I take it it is called Frith-wood Sur. It is parcell of the Lords demeisnes is it not Iury. It is so Sir Sur. Here are good timber trees we will number them Bayly Number them how is it possible to nuÌ„ber them they are so many and stand so thicke Sur. I confesse especially if it be thicke of bushes and vnderwoods there is difficultie in numbring them yet if you will follow my direction we will come neere the number Bayly How I pray you we will all giue any ayde we can Sur. Then go you along by this hedge and wheÌ„ I bid you stand stand you still and let another go vp this path and when he comes right against you let him stand likewise another must stand here at the end of the wood and must not moue vntil I call him to remoue and I and my man will accompt the nuÌ„ber of the trees that are within the square which you three and the corner of the wood doth make Sirra go you along by the hedge and let your eye be alwayes vpon the trees that are betweene vs and as you see me moue so moue you and I will number the trees as I go So now call away the 〈◊〉 that stands at the end of the wood and place them again in another square and do as before and so from place to place till all the wood be viewed and the trees numbred Bayly To what end is this what is the Lord the better to know the number of the trees Sur. Howsoeuer the Lord be pleased to thinke of the seruice a Surueyor ought to know it that wheÌ„ he shall be demanded of the Lord what he thinketh the wood to be woorth to be sold he may be able to answer it and giue a reason for that he saith and not to speake at randon or by gesse without some ground of reason or proofe For how can a man value a wood when he knowes not what crop it beareth For a wood may haue an hundred trees in an acre some woods not twenty some not fiue and therfore it were great negligence in a Surueyor that would passe by a wood of the Lords and would not take note of the trees yea and of the reasonable value of them one with another that he may be readily able to satisfie the Lord when he shall demaund the Surueyors opinion though he cannot answer precisely yet neere Bayly You say truly But what if there be no trees at all in the wood as here is a wood adioyning called Buckes-groue that hath the name of a wood but hath no trées at all Sur. Then is it vnderwood which must be considered in another kind for there is difference betweene timber trees and vnderwoods for an acre of timber trees may be woorth forty pounds and far more or much lesse when an acre of vnderwoods can not lightly exceed fiue pounds and may not be woorth twenty shillings Therefore must the Surueyor be heedful I say to note what trees are among the vnderwoods and must also haue skill to iudge of the values of the trees namely to iudge what a tunne of timber or a loade is worth and how many loades a tree will make And because this is not alike in all places he must be carefull to obserue the plentie or scarcitie the vse and little vse of timber or fire-wood in the place where he is to deale and accordingly in discretion to iudge of the values of that he hath in hand else may he deceiue himself and his Lord much if he prize wood in the wield of Sussex as it is woorth about Salisburie plaine Bayly Sauing your spéech the like is to be considered in the letting and sale of land Sur. It is true we haue had a good walke betweene these two stations and a long discourse of woods But me thinkes I see a quarry of very good stone here Bail Yea Sir here is both excellent frée-stone and good Marble and as we shall go you shall find diuers sorts of minerals and earths which you can not note vpon your plot because they are things hidden vnder the earth Sur. Yea but I will for so I ought set downe in the plot the places where euery of these commodities are found But for the matter and substance and the profite and value I know the Iurie will bring in in their verdict for they are all giuen them in charge Bail It is true these things are necessarily giuen them in charge But here is a Mill Sir will you take note of it vpon your plot Sur. In any case for it is not the least ornament of a Mannor a faire streame and a well conditioned and well wrought Mill vpon the same In whose vse or occupation is this Mill Bayly It is one G. Iohnsons Sur. By what right Bayly Let them of the Iury speake Iury. He holdeth it fréely for a pepper corne a yéere But it was parcell