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A73749 A chorologicall discourse of the vvell ordering, disposing, and gouerning of an honorable estate or reuennue Briefely describing the duties of diuers officers therein to be imployed: for the better preseruing, improuing and augmenting of the same. Together with certaine briefe and necessary tables for the valuation of leases, annuities, and purchases, either in present or in reuersion. Written by T. C. Gent.; Chorologicall discourse of the well ordering, disposing, and gouerning of an honourable estate or reuennue Clay, Thomas. 1621 (1621) STC 5371.9; ESTC S124667 19,604 66

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taken the Lord or his Commissioners sitting quietly at home may not only themselues assesse fines vpon the leases customary estates but also continually see both how themselues and their Tenants be dealt withall by their Stewards or other Officers put in trust for the like matters 4 Item to reuiue decayed Rents Royalties c. and to bring to light Concealements forfeitures and other such like trespasses and iniuries 5 Item a good Suruey is beneficiall to the Lord and his posteritie being as good euidence in lawe for any matter in controuersie as any other written Instrument whatsoeuer of like antiquitie 6 Item the Plat well made is excellent to explane Euidences concerning the butting bounding and position of any parcell that shall happen to be in controuersie especially where the same controuersie or some principle therof dependeth vpon the position which cannot well be conceiued by euidences And thus much may suffice for the Office and dutie of a Surueyor CHAP. 3. Of the learned Steward THe learned Steward is also an Officer of order and as needfull in an honorable estate or Reuennue as any other whatsoeuer by whose care and diligence chiefely the ancient rights priuiledges and customes of euery particular Mannor Lordship Bayliwicke or Libertie are to be preserued and kept and the casuall profits of the same yearely sought out and manifested He is by vertue of his Office to keep duly the Leets and Courts within euery of the Lord his Mannors at the times and places accustomed aswell for the good gouernment of the Lord his Tenants in their due obedience towards him as in the administration of equitie and iustice among themselues by inquiring of all manner of offences iniuries and trespasses that are enquirable or punishable in the said Courts and such as are there to be reformed by paines amerciaments or such like to impose the same according to lawe and equitie He is also to enquire of enter and estreate out vnto the Bayliffe all manner of casuall profits happening and growing due to the Lord of the Mannor by any forfeiture concealement escheate ward marriage reliefe herriot waiue estray fellons and outlawes goods new erections purprestures encrochments Licences of all sorts as for digging clay Chalke Marle c. for the passage of some water-course for letting and setting of customary lands for longer terme then the custome will beare c. as also by the common fine head-siluer green-hewe or any other such profit enquirable in the Court. To assesse and extract out reasonably and according to the custome of the Mannor the Fines of the customarie Tenants vpon euery new admittance by Surrender death or expiration of terme and to enter orderly vpon the Roll all the seuerall Tenements Cottages and parcels of land contayned in euery such admittance with the ancient names butts and bounds of the same and the yearely Rents and seruices due therefore that so the diuers alterations which may happen by parcelling of lands and Tenements may at all times plainely and euidently appeare without confusion which is a matter of great moment and necessitie though little regarded by most Stewards now a dayes who for hast to cut their businesse the shorter to their owne gaine for the most part neuer butt and bound the parcels granted nor many times so much as name the same or mention the Rents whereupon it commeth to passe that in few yeares not onely the Tenements lands are so mangled and dismembred as by the ancient Surueyes Euidences and Records the same cannot possibly be set out vpon any occasion offered but also the customary is conuerted to free and the Rents Seruices and casuall profits thereof quite lost and obscured from the Lord besides the infinite troubles and suites that oft times arise thereof betweene the Tenants To make out his Extracts of Court bipartite in Parchment indented deliuering the one part thereof within one moneth next after euery Court to the Bayliffe for him to collect the same to send the other part to the Auditor at the time of the Audite that so the Bayliffe may be duly charged therewith vpon his accompt and also within the compasse of the yeare following to engrosse the the Court-Rolls to remaine in the place accustomed for the vse and seruice of the Lord and his Tenants Now concerning the guifts and qualities wherewith this Officer is to be endued for the better execution of his place and by which he is to be made choise of for his sufficiencie therein honestie and discretion first and chiefly aswell in him as in all other Officers of Reuennue being respected he ought to haue good knowledge and experience in the common lawes of this land thereby to be able readily to know and distinguish of the authorities priuiledges and iurisdictions of such Courts as are incident and belonging to any Mannor Libertie or Franchise whether the same be Court-Leete Court-Baron Court of ancient Demesne Court of Pypowders or the like and to iudge and determine of the seuerall matters actions and cases which may happen and are properly enquireable or determinable in euery of them And to this end it is good to make choise of such a man as hath beene brought vp at some of the Innes of Court or Chauncerie or hath practised as a Solicitor Atorney or Councellor at lawe whereby he hath gained good experience He must also be a good Orator to be able orderly distinctly and sufficiently to deliuer a good and substantial charge to the Iurors of such matters as are to be enquired of and presented before him and to expound the lawe to them in cases needfull He ought moreouer to be a good Clerke to be able thereby to make good Court-Rolls and to enter orderly in the same all matters presented before him as Essoynes defaults of apparences both of free and customarie Tenants deaths alienations and deuises of freehold-lands which are things very necessarie to be enquired of in a Court-Baron though for the most part now adayes neglected for that when any Free-holder alieneth any parcell of his Freehold-land to a stranger or by his will deuiseth the same to diuers persons there the Lord hath an encrease of his Free Tenants and of their seruices Wards Reliefes such like which are oftentimes quite lost for want of such presentments as also deaths alienations and surrenders of Customarie Tenants with Encrochments Purprestures Waiues Estrayes Rescous Pleas of Court Actions Trespasses and all other casualties and profits presented CHAP. 4. Of the Office and dutie of a Solicitor and how to make choise of him THe Solicitor is likewise an Officer of Order whose Office chiefly in matters of Reuennue which onely in this place we purpose to entreate of is to see that such Priuiledges Customes Rents Seruices Debts and profits to the Lord which are to be reuiued re-established or recouered by course of Lawe and of which he shall be enformed by the Surueyor Auditor Steward or other Officer of authoritie be duly and with
And these Officers are twofold viz. of Receipt and of Expence Officers of Receipt are the Receiuers generall and particular the Storer Woodward Bayliffs Collectors and such other Ministers which haue the charge and receipt of the Lord his Rents and other profits of his Reuennue and these are all accomptable to the Auditor for the same Officers of Expence are the Steward of the house and vnder him all other Officers of the houshold which haue any charge imposed vpon them whereof they stand accomptable to him as the Gentleman of the horse Clerke of the Kitchin Baker Brewer Butler and such like all which for breuities sake I omit purposing in this discourse to entreate of none but such as are chiefly necessary for the managing of Land-Reuennue and which haue some charge imposed vpon them for which they stand accomptable to the Auditor And now that we haue sufficiently expressed what Officers are of necessity requisit to the well ordring mannaging of an honorable estate we will according to our former propoūded method set downe the particular dutie of each seuerall Officer as they fall out in order and dependance reseruing the Auditor for the last place because in his office as in a maine streame or Riuer the effects of all the other as the branches therof doe concurre and are made manifest CHAP. 2. Of the Office dutie choyse of a Surueyor THe Surueyor is an Officer of order one of the principall in an honorable Reuennue whose Office is to view and suruey all and singular the Honors Mannors Lordships lands and Tenements of his Lord and to search out all the profits Royalties priuiledges and customes thereunto belonging expressing the same orderly in his Bookes of Suruey and also to set downe and distinguish in his said Bookes the particular lands of euery Tenant within each Mannor truly butting bounding each seuerall parcell thereof and expressing the auncient names of the same the qualitie quantitie and yearely value of each mans Tenement the tenure by which he holdeth and the Rents and seruices yearly due and payable therefore with the Feasts and dayes of payment entering each tenure orderly and seuerally by it selfe To take notice of such encrochments concealements purprestures and such like as he shall meete withall in his view and perambulation and to certifie the Lord or his Commissioners therof that the same may be reformed or presented to the Iurie at the next Court and arented to the Lord his profit as also to enquire of Rents decayed and to doe his best endeauour to reuiue the same To make good formall Terrars or Rent-rolls out of his Bookes of Suruey expressing therein orderly all rents seruices and certaine profits within each Mannor and the times that they are due payable and to be performed and to deliuer the same to the Bayliffs wherby they may gather vp and collect the said profits and also see the seruices duly performed to the Lord his vse To make out Suite-rolls contayning all the Tenants names that owe suite of Court to the Lord his Mannors expressing therein each seuerall tenure by it selfe and what seruices and customes each Tenant holdeth by as fealtie homage reliefe c. and to deliuer the same to the seuerall Stewards that they may thereby call the Tenants at the Lord his Courts and be directed what to doe vpon euery change as death alienation surrender and such like And for the better performance of all these duties and whatsoeuer els is fitting to be required at the hands of this Officer he ought to be sufficiently skilfull in all the parts of Suruey viz. the Mathematicall Legall and Iudiciall which sufficiencie to obtaine he must be endued with these seuerall guifts or qualities following First he ought to haue the perfect vse of some Mathematicall Instrument as the plaine Table Theodelite Circumferentor or such like fitting for the vse of Suruey and also to be well seene in Arithmetick and the grounds of Geometrie whereby he may be able aswell to finde the errors which he may commit in platting of grounds or casting vp the contents and amend the same as also to proue the truth of his worke and to giue a reason thereof Secondly he ought to haue some ●easonable knowledge in the common Lawes especially in such generall points as are incident vnto and doe most concerne a Mannor or Lordship whereby he may be able to know and distinguish the seuerall tenures rents seruices Royalties and such like principall matters required in a Suruey and to expresse the same orderly in his Bookes Terrars Rent-rolls c. Thirdly he ought to be a reasonable good Clerke and to haue good skill in euidences of all sorts aswell ancient as moderne to be able to reade and vnderstand the same whether they be in latine French English or any other language heeretofore vsed in this land Fourthly he ought to haue good skill in the goodnesse of grounds and in the valuation of the profits commodities growing and arising out of the same as Timber vnderwoods Mynes Quarries c. as also in the valuation of lands or casual profits to be leased sold purchased or exchanged either present or in reuersion either in fee-simple fee-Farme vpon liues or terme of yeares c. And now that we haue sufficiently declared the office of a Surueyor and how to make choyse of him by the qualities he ought to be endued withall we will proceede a little further to shew the benefits and commodities that may and doe arise by this Officer executing his place honestly well which although for the most part they doe clearely shine and are manifest in that which we haue before spoken yet because this Officer of all others belonging to Reuennue is hardly thought of and most calumniated by such as either vnderstand not what vse to make of him or rather such whose close packing and secret iniuries are by him in danger to be laid open it shall not be amisse to explaine the profit of his facultie a little better Wherfore I haue heere laid downe the principall commodities of a good and absolute Suruey so farre as at this present my memorie will serue me in these six Articles following viz. Inprimis it is a good meanes to conserue the Rents and Customes of all natures from being concealed left or decayed or their natures by euill disposed Tenants or Officers any way altered or changed 2 Item to let hinder and auoyde encrochments that might be made betweene Lord and Lord Lord and Tenant and Tenant and Tenant or being formerly made to lay open and discouer the same as also in times to come to decide controuersies that may happen in this and diuers other cases 3 Item in letting and setting of lands in fineing of Coppy-holders in sale and exchange a perfect Suruey is able to enforme the qualitie quantitie value tenure and scituation aswell and better then any other view that can be taken besides And by perfect Surueyes so