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 propouÌ„ded 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 â—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
A CHOROLOGICALL DISCOVRSE OF THE WELL 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. Aestas quamprimum fuerit componite nidos LONDON Printed by GEORGE ELD dwlling in Little-Britaine 1621. TO ALL THE RIGHT Honorable Noble and Worshipfull Lords Owners Possessors and Purchasers of Reuennue to whose view and vse this present Treatise shall come RIGHT HONORABLE and RIGHT WORSHIPFVLL IT being manifest the two maine materials out of which Honor and Nobilitie are created to be Vertue and Reuennue as the first being conspicuously to be noted in the actions of men both millitarie and ciuill is of all to be imbraced so the latter seruing to sustaine Honor and being as it were the very nerues and sinewes thereof is of none to be neglected Reuennue therefore and the due ordering thereof to the best aduantage and least charges of the Lords and Owners of the same is the subiect which in this ensuing Discourse is intreated of which although in some particular Offices others haue heeretofore more largely handled yet in this briefe and generall kinde no man to my knowledge hath hitherto laboured That I haue endeauoured to be briefe is because I would not be tedious to such whose weightie affaires otherwise abridge them of time for these matters Yet I presume for the most part this breuitie is without obscuritie and being sufficient for the purpose it intendeth frustra fit per plura quod fieri potest per pauciora Such as it is I humbly present it as the best meanes I haue to testifie the great desire in me to doe seruice to the Nobilitie of my country whose fauourable acceptance of these my poore endeauors I only craue and entreate and so rest Your Honors and Worships euer deuoted THO CLAY CARMEN AD Auctorem seu Passus ad Athenas TAm bene tam graphica describis singula penna Disponens docta munia cuique manu Vt facile constet cuiuis tentare volenti Commoda de studijs multa scatere tuis Ingenij specimen das non vulgare sagacis Et lumen genij non mediocre boni â—sta legat Quaestor studeat Geometricus ista Officij partes noscet vterque sui Tho Widmerpoole IN DVE COMMENDATION OF THE Author his Worke and worth REuennues Order Officers and Lawes VVith each mans dutie how estates to raise Of euery losse and profit the true cause Thou here describ'st in plaine yet pleasant phrase Thy precepts briefe yet pithy in each part Declares thy iudgement and extoll thine Art In purchase sale exchange or leasing out Be it in present or reuersion This little Tract so cleareth euery doubt As shewes it selfe in such commersion For Lords and Owners all a worke so rare That none yet extant can with it compare ADAM SMITH A CHOROLOGICALL Discourse of the well ordering disposing and gouerning of an Honorable estate or Reuennue wherein is briefly described the duties of diuers Officers therin to be imployed for the better preseruing improuing and augmenting of the same CHAP. 1. Of the definition of an Honorable estate and of the Officers and Ministers belonging to the same in generall FOr that according to the precept of the graue and learned Romane Orator Cicero the institution of all things whereof any discourse is to be made or coÌ„tinued ought to take his beginning at Definition it shal not be amisse but very necessary first to define what this Honorable estate or Reuennue wherof we purpose to entreat is and then orderly to proceede to the particular precepts and obseruations to be handled in the ordering of the same As touching the definition therfore I call that an honorable estate or Reuennue where any Lord or owner thereof is by the blessing and prouidence of God either by inheritance guift purchase or otherwise endowed with Honors Mannors Lordships Houses Lands Tenements and such like possessions as haue belonging vnto them Royalties seruices franchizes liberties and other priuiledges and immunities not incident to common estates and tenures For although that honorable titles in respect of mens persons doe properly belong vnto none but such who by discent office place the Princes free guift or such like may iustly challenge the same yet euen men of meaner ranke may be seized of such honorable estates And for as much as diuers Lords and owners of such estates now a dayes whether through negligence ignorance feare of too much expence or the like I know not for want of skilfull discreet and faithfull Officers and Ministers to that purpose doe not only daily lose diuers of their Royalties seruices customes and casuall profits to the spoyling dismembring of their Mannors but also suffer many encrochments concealements and other nusances to be oftentimes made and committed against them to their great and somtimes irrecouerable preiudice which contrariwise by the care and prouidence of skilfull discreete and honest Officers would quickly be found out and preuented My purpose is therefore heere to describe such an order in the mannaging disposing and gouerning of such estates as whosoeuer shall be pleased after mature consideration but to obserue the same I doubt not but he shall finde great profit and contentment therin and the course nothing so chargable to be maintained as many men may imagine being that the surplussage of of the profits arising by the well managing of such an estate shall yearely amount vnto a greater matter then the surplussage of the charge which otherwise it would come vnto To proceed therfore I say that to the well managing of an Honorable estate there is required Officers and Ministers skilfull discreete faithfull and honest And now we are to enquire what and how many they be what is each mans particular duty and how to make choise of them Officers of Reuennue belonging to the well mannaging and gouernment of an Honorable estate may generally be diuided into Officers of order and Officers of charge Officers of order are the Auditor Surueyor learned Steward Solicitor which I so terme aswell for that they serue to direct the whole busines of the Officers of charge by enforming each man of the particular duties belonging to his place and by seeing that the same be duly performed as also for that they themselues in respect of their proper offices are not chargeable with the receipt of any profits nor accomptable for the same Officers of charge are all such which haue some charge or other imposed vpon them as the receiuing and disbursing of the Lord his monies the collecting of his rents fines and casuall profits the ouerseeing of his Demesnes cattell and husbandry the custodie and sale of his woods the prouision of his house or any other such imployment for which they stand accomptable
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
best conuenience put in suite and diligently and carefully followed to the best aduantage of the Lord. To see that such Patents Charters Graunts Feoffments Deedes Leases other Euidences wherby any Lands Annuities or other profits of Reuennue are to be assured to the Lord or wherby any ancient Priuiledges Customes Seruices or such like are to be reuiued and established be formally drawne and perused by skilfull Councell to the intent the same may be good and effectuall in Law to all such intents and purposes as they ought to be made These are the principall matters concerning Reuennue which the Solicitor hath to looke vnto and to be able to performe the same he ought to be such a one as hath beene trained vp to the profession vnder some Councellor Attorney or other Officer belonging to the Lawes or else some one which by following of diuers causes hath gained good experience how to order his Affaires in euery seuerall Court both Ecclesiasticall and Temporall He ought also to be a good Clerke and to be able to reade and vnderstand all sorts of ancient Euidences whereby he may the better declare vnto Counsell the effect of his causes and also be able to make out Breuiates of such cases as are in controuersie aswell for the better information and memorie of Counsell as for helpe of the Iudges at the times of hearing And lastly he ought to be conuersant and well acquainted in all the Offices where the Records of euery Court are kept whereby to know where to search for such Records as shall be needfull in euery cause and to know the Fees of euery Officer and Minister in each Court vpon euery occasion and businesse that may happen and thus much of these Officers of Order CHAP. 5. Of the Office of the Bayliffe Collector c. THe Bayliffe is an Officer of Charge belonging to some Mannor Lordship Franchize or Libertie whose Office principally is to collect and gather vp yearely at the Feasts and times of Payment due and accustomed aswell the Rents of the Freeholders Coppyholders Feefarmers Leaseholders and Tenants at Will as also the Fines Amerciaments paines and profits of Courts Waiues Estrayes Fellons goods Herriots Reliefes and all other casuall profits happening within his Charge and yearely at the Audit to accompt for the same To take Distresses to make Seizures and Re-entries to the Lords vse for non-payment of Rent or vpon other occasions when he shall be thereunto required by the Auditor Steward or other Officer of Authoritie To summon the Lords Tenants that owe Suite and Seruice to his Courts to appeare and giue their attendance at the said Courts whensoeuer they shall be appointed to be held and to serue all manner of Precepts Warrants and Processe graunted by the Steward in the Courts of the Mannor or by the Auditor on the behalfe of the Lord. And note that in some Mannors the Office of the Bayliffe as it is heere generally set downe is executed by two or three particular Officers besides the Bayliffe according to the custome of the said Mannor For in some places there is one Officer which doth only collect the Rents of Assize of the Free and Customarie Tenants and no more yearely making his Accompt to the Auditor for the same and this Officer is in some places called a Reeue and in some places a Graue being alwayes one of the Customarie Tenants of the Mannor an Annuall Officer changing euery yeare and bound to performe the Seruice by the tenure of his Land Another serueth to collect the casuall profits yearely happening as Fines Amerciaments Herriots c. who also is alwayes a Tenant of the Mannor yearely chosen at the Court-Leete or Court-Baron according to the Custome of the Mannor These Officers ought to be honest and trustie of good discretion abilitie and conuersation and it is fitting that the Bayliffe whether he be an Officer for life or during pleasure should put in good sureties for answering the Lord his Rents and profits for the other there needes no such matter for if they be delinquent it is a Forfeiture of their Customarie estates which is Securitie good enough As concerning other qualities it were fitting they should be able to write and reade whereby to make perfect Notes and Bills to the Auditor of the particulars of their Accompts that so they may be the lesse troublesome to him in his Audits and for all other matters they are to take direction as occasion shall serue from the Steward Auditor Surueyor or other Officer of Authoritie CHAP. 6. Of the Office and dutie of the Woodward THe Wood-ward is also an Officer of Charge vnto whose care and trust the custodie of the Lords Woods and Receipt of the profits arising out of the same are chiefly committed He is therefore carefully to looke to the preseruation of the Lords Woods and vnder-Woods within his charge to the well Fencing of such of them as are inclosed that the same be not spoyled or wasted by breaking or putting in of hurtfull Cattell too soone after euerie fall before the young stuffe be growne past danger or by cutting and hewing thereof at all times by lewd and disordered people which if they be not carefully looked vnto are wont to steale Rods Poles Fewell and such like out of mens grounds and especially the Lords Woods vpon the wasts and elsewhere To see that the Woodfalls be made at seasonable times for the more speedy renuing and growing againe to the best aduantage of the Lord and at euery felling to haue speciall care of the shredding and cutting of Tymber Trees that in doing the same the bodyes be not spoyled and made to die rot or corrupt by the euill and vnseasonable cutting of the Branches To make Sale of the Tymber and vnderwood at such times as are fitting and when they shall be thereunto required with good discretion and to the Lords best aduantage and to accompt yearely to the Auditor not only for the felled Tymber and Vnderwood but also for the tops of the Tymber Trees for the blowne Wood and for the Herbage Agistament Pannage and all other profits made of the Lords Woods and of the Soile of them To see that such Leasees as doe hold any of the Lords Woods for tearme of yeares doe not sell or cut downe the same but at seasonable and conuenient times neither that they cut downe and take away any more then is contayned in their Leases and to see that they look to the Fencing and preseruation of the young Spring after each fall and doe in all things according as by their Couenants they are bound to doe To execute with good discretion and to the Lords best aduantage such Warrants as shall come vnto him from the Lord or his Commissioners for Tymber for the repayring of Houses Bridges Parke-pales or such like and finally to be carefull in the due execution of his place in all other things that may concerne the same Now to be able to