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
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
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
and Qualities of Land with the present Rents and estimate values by a reasonable improouement which duly found to haue a due regard to proportion yeerely distributions and expendings with the annuall Incoms in such sort as alwayes the present yeere may rather adde vnto the next then the next to bee charged with the yeere past For when the present yeere shall expend more then the Reuenues of the same may beare the yeere following cannot but be surcharged and so will it surcharge the future so long that either he shall be forced to strike the topsayle of his improuident wasting in time or at length through the furious blasts of excessiue prodigalitie be blown vnder the water of disability by ouerswelling the sayles of his vainglory I speake not this in the way of attachment but of preuention And so I trust all men will take it and accept of my poore indeuour in this kind considering that necessary it is that al meÌ„ should know what it is to haue reuenewes namely first to know them then to vse theÌ„ to their own aduancement and to the good of others And because it is not the worke of the Honorable of such as haue high serious common-wealth imploiments to bee personal actors of their owne affaires in this kind they are to vse the seruice of such as are fit in knowledge and iust in dealing to trauel in this kind of busines by whose faithfull and sincere informations they may know what is iust and right to be done and demanded And in al fauour and clemencie to deale with such as are in this manner within the compasse of their commands and by whom and by whose labours they maintaine their greatnes for no doubt there is none but well considereth that how great or powerful soeuer he be in laÌ„d reuenues it is brought in vnto him by the labours of inferiour tenants yea the King consisteth by the field that is tilled And there is none of these inferiours of ordinary discretion but well knoweth that what hee inioyeth is by the fauour of his Lord in a sort And therefore ought there to bee such a mutuall concurrence of loue and obedience in the one and of ayd and protection in the other as no hard measure offered by the superiour should make a iust breach of the loyaltie of the inferiour which kind of vnion is no waies better preserued and continued between the Lord and tenants then by the Lords true knowledge of the particulars that euery tenant holdeth a fauorable course in fines and rents and by the tenants loue and thankfulnes in al readie seruice and dutie towards the Lord. And to that end it is no doubt expedient that Lords of tenants haue due regard of their owne estates namely of the particulars of all their tenants landes and that by a due true and exact view and suruey of the same to the end the Lord be not abused nor the tenants wronged grieued by false informations which coÌ„monly grow by priuat Inteligencers neuer by iust Surueyors And because the office of a Surueior duly waid is an office both necessary expedient of trust It behoueth him to be first honestly and vprightly minded and next skilfull and iudicious in the facultie Then can he not but by industrie and diligence produce an exact discouerie and performance of the worke he vndertaketh to the true information of the Lord whose benefite and vttermost lawfull profite he is to seeke in a good conscience disswading him yet from distastefull Auarice the greatest blemish that can befall a man seeking true reputation and renowne by his reuenues For too much seueritie afflicteth the hearts of poore Tenants who by common experience are found to be more firmely knit in the band of true dutie loyall affection and readie seruice vnto their Lords by their Lords frugalitie sweetened sometimes with the chearefull drops of true liberalitie then by the extreames of austeritie vaine prodigalitie or compulsiue exactions And yet not so as Lords of Tenants should be so ouerswayed with abused lenitie or carelesse looking into their owne as may breed contempt in Tenants but rather that they should keepe such an eeuen and equall hand ouer their Tenants as may continue mutuall loue and in them a louing feare And not to seeke the increase of reuenues so much for vaine glories as for vertues maintenance Which will appeare by doing good to deseruers by their vertuous life A worke of true vertue when contrarily vaineglorie seeketh idle and vaine reputation by vniustly atchieuing and either prodigally consuming or too miserably increasing Reuenewes which I must leaue to euerie mans owne fancie wishing all to fashion their waies in this kind to Gods glory the Kings seruice the good of the Common-wealth and to other such ends for which God hath giuen them greatest earthly blessings recoÌ„mending vnto you this simple rude lumpe of which if some more skilfull will bestow the re-licking bring it to his true shape my selfe with many others should thankfully imbrace it In the meane time friendly accept it and in kindnes afford sparing reproofe Eccles. 7.13 Wisedome is good with an inheritance Yours I. N. The Printer to the friendly Reader THe Author â—ot being present at the examination of the proofes sundry faults haue escaped by mistaking the copie which faults the Author sâ—nce for the most part hath reformed and if you find any not corrected I pray with patience beare it and vse the meanes to reforme it I pray the Reader to correct these faults committed in Printing in absence of the Author vz. Page 5. line 20. for vnder read ouer pa. 7. li. 27. for farme read same p. 8. l. 15. for rudely read readily ibid. l. 32. for estimate read extenuate p. 9. l. 31. for there read their p. 12. l. 3. for Surueyors read Surueyes p. 14. l. 4. for corruption read compasse p. 45. l. 27. for Mannors read mannor p. 53. l. 21. for sine read sine p. 58. l. 9. for seruice read fee. p. 62. l. 34. for promise read prouiso p. 119. l. 19. for former read forme p. 88. l. 2. for leaser read leasee p. 76. l. 16. for person read purses p. 74. l. 32. for our read one p. 44. l. 28. for can read ran page 39. line 21. for affirmeth read assumeth The Author to his Booke LOoke ere thou light into the hands of some Some lay but traps to catch thee in disgrace Disgrace thou none be silent where thou come Yet thou shalt come where Momus is in place Place thee with those whose hearts aright do see And seeing iudge in fauour faults that be Faults be in thee who sayes he doth not erre Erres in conceit that he alone is free And such not free will sure thy faults transferre And for one fault transferre them ten in thee Not thee in this but me they discommend That I abroad do thee so basely send Base I thee send excuse me what thou can If
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
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
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
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
that is a Surueyor to be able to do it and that he be painefull industrious hauing this quality with the rest more necessary he may be then called a Surueyour Farm What are they I pray you Sur. To little purpose I thinke I shall tell you yet because you may know that euery one that hath the name is not indeede a Surueyor for besides the former faculty of measuring and plotting he must haue the vnderstanding of the Latin toong and haue some sight in the common lawes especially of Tenures and Customes and must be able to reade and vnderstand any auncient deeds or records French and Latine and to iudge of the values of Land and many other things which if time will permit I will hereafter declare more at large vnto you Farm Why is there such a precise knowledge required in a Surueyor Sur. Because they are imployd in such businesses as concerne greatest persons in their estates for although men be indowed by the prouidence of God and in his â—ounty with Honors Mannors Castles houses lands tenements woods and other like reuenues which indeed are the sinnewes and ligaments which conioyne tye Honor and Habilitiâ— together yet if these be not managed guided and carefully continued and increased by a discreet honest Surueyor foâ— and in the name and behalfe of his Lord and the Lord agayne proportion his expence and charge according vnto or within the compasse of his knowne Incomes the Lord may be disabled to maintaine that which he hath gotten the title of Honor where Honor is without meanes it wanteth the substaÌ„ce hath only y e shadow of it self to looke vpoÌ„ Far. It behaues not only men of Nobility but inferior meÌ„ also to looke vnto theÌ„selues for y e preseruation of their estates but they indéed y t haue but little may quickly view it Sufficit exigno strigilatio curta caballo But he that hath many Honors Mannors Lordships Tenements Farmes can not of himselfe take view with ease for indéede they lye for the most part dispersed in many parts they must be ayded by the skilfull industrious trauaile of some iudicious Surueyor who finding by his view examination the true values yearly possibilities of his Lords Lands may be a good meane to retaine his Lord within compas of his reuenues and to worke him to be good to his Tenants and by that meanes the Surueyor shall deserue prayse his Lord win more honor But I maruell how such great persons did before surueying came vp for this is an vpstart arte found out of late both measuring and plotting Sur. You speake I thinke according to your conceit but I will proue it far otherwise that measuring plotting and surueying hath bin vsed in ages of old As for description it was vsed in Egipt by Ptolomy the King who described the whole world And where the Riuer Nilus in Egipt ouerflowed the bancks as at this day it doth about haruest the violence of the inundations were such as they coÌ„founded the marks bounds of all the grouÌ„ds that were surrounded in such sort as none knew his own land wherupon they deuised to measure euery mans land to plot it so that afterwards alwayes at the waters recesse euery man could finde out his owne land by the plot Far. Truly that was a most excelleÌ„t inuention I thinke it indéede a most necessary course to be held in some grounds y t I know in England which are subiect to like coÌ„fusion many marsh lands néere the sea coast in Kent Sussex Essex Suffolke Lincolneshire Cambridgeshire other Shires confining the Sea or subiect to great waters if they were thus plotted out as you say I must needs confesse it were a good worke howsoeuer these kind of grounds should be hereafter surrounded increased or diminished by the force of Seas continuall rage whereunto they are dayly subiect for by y e meanes if the ditches which are the ordinary méeres meates bounds betwéene seueral meÌ„s lands be confounded this deuice might after the winning of these surrounded grounds againe truly reconcile them and allot euery maÌ„ his own which otherwise will be impossible to bring to true appropriations And this in my conceit is not the least part of your professioÌ„ to lay out grounds in their true formes that euery seuerall parcell may be distinguished froÌ„ other for I know where great strife hath risen by confounding one Mannor with another where y e sea hath woon lost grouÌ„d deuoured y e true bouÌ„ds of which I am not alone witnes it is dayly seene y e questioÌ„s do rise by like casualties where townes houses fields woods and much land hath béen and are dayly deuoured and in some places augmented Riuers by force turned out of their right courses vpon other confining lands whereof time hath takeÌ„ such hold as y e truth is now brought in question to the stirring vp of quarrels betwéene parties which if these places had béen formerly laid out in plot the doubt would be easily answered In these things I can not but agrée with you that your profession may stéed men that haue vse of your trauaile in this kind although no such arte hath bin nor is it reported to haue had any vse in y e word of God Sur. Is there a necessity to produce the vse of this from examples out of the word of God when these indifferent things are left to the discretion of man for matters of politike and ciuill society If euery profession should be driuen to fetch authority from the vse in sacred things many things plentifull amongst vs that liue in a Common-wealth would be found prophane but because you seeme to vrge it I will not stuck to let you know that it is not without example in the diuine old Testament If first you wil haue the proofe of measuring looke into the second Chapter of Zachary and there shall you finde that the Prophet reporteth that hee saw a man with a measuring line in his hand and he asked him whither he went and he said vnto him To measure Ierusalem that I may see what is the bredth thereof and what is the length thereof Farm I doe remember now that I haue read such a thing indéede but as I take it this measurer was an Angell of God Sur. Then is the warrant of measuring so much the more strongly coÌ„firmed vnto meÌ„ But you may perceiue that measuring was then in vse in other things for had not there bin the vse of the measuring line before how could the Prophet haue knowne it to be for that purpose Farm Yes being a Prophet Sur. He could not haue called a thing by it proper phrase that had not bene in vse before neither could his relation thereof bene vnderstood of them to whom he declared it vnlesse they also had before knowne the like Farm Can you prooue the like of Surueying Sur. Ioshua
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
a sort in this case But if he do it in a godly zeale of the good of Gods church he will ayme onely to the vertues of the man and not to any humane respect For although the party haue an higher probation namely by the Bishop that is especially of his literature which is easily found by examination But his qualities conditions and conuersation by time and experience and that most the present or haue good triall of before he either name him or present him For he is as it were the hand that reacheth him forth to be receiued of the church A matter farre higher and of gâ—eater moment then euery man that couers adâ—ousons for such presentations sake can reach vnto by their rashnes For if they weyd the matter in the ballance of diuine iudgment they should find their vnderstandings far too light to performe it as they ought For if he proue vnprofitable of scandalous to the Church as too many doe he that presented him so vnaduisedly will fearefully answere it in time to come Lord. Now surely although peraduenture some may thinke these things digresse much â—â—ouâ— matters of Suruey yet I hold thy wordes within the compasse of it for these are necessarie obseruations and admonitions to vs that are Lords of mannors and â—o whose lot it often falleth to performe this worke And I hold thou hast in this done no more theÌ„ aâ— honest Surueyor should 〈◊〉 aduising men to be wary how they dispose of this part of their patrimonâ—e Sur. Sir I hold it neither part of their patrimonie nor part of a mannor neither a thing vnto them of any aduantage to their person but a thing appertaining vnto the Mannor iâ— such sort as the Lorde may dispose of it as before is sayd and the greatest benefite is that he may vpon the vacation appoint a worthy man to teach himselfe and his tenants which as I coÌ„ceiue it is a sweet gain for by the godly Minister he and they may gaine heauenly riches Lord. As thou sayest it is a great benefite nay it is a high blessing to haue a godly teacher of y e people and it is a blessing of God an him that hâ—uing a godly care findeth nameth and presenteth such a one and wo to him that negligently or wilfully doth the contrarie But what say you â—â— impropriations for they also are within the compasse of a Suruey where the Lords take the tithes and nominate a Minister Vicar or other hireling and he oftentâ—mes vnworthy serues the turne as is commonly obserued in too many places of this Realme Sur. I know too many such the more to be lameÌ„ted that in MaÌ„nors of great value parishes very populous whose continued ignorance of diuine duties bewrayeth the originall to proceede first from that Satanicall beast to foster monasticall idlenesse And as a matter too high for me to aime at the 〈…〉 formation I reuerently leaue to their 〈…〉 haue authoritie to reproue it and power to reforme it Lord. 〈…〉 is there to be considered touching the 〈…〉 Sur. Nothing Sir that I now remember but a matter almost out of vse a tenure called Villanage that is where the Tenants of a Mannor were Bondmen and Bondwomen the men were called Villaines and the women Neiffes Lord. It hath a base title A Villaine is an approâ—rious 〈◊〉 howsoeuer it tooke beginning Sur. As the word is how vsed and taken it is indeede a word of great dishonor but the time hath beene the word hath bene of no such disgrace And it is now but as the thing is ment by the speaker and taken by him to whom it is spoken although some say that a villaine is quasi serâ—uâ— which name indeed is of a more tolerable construction in our common sence then is now the name of 〈◊〉 which is indeed no more then villanus a Rustique or Countrimâ—n which word is in sence contrary to Ciâ—es or 〈…〉 that since the Conquest by the Normanes these villaines became bondmen for where the Conquerour came and preuailed by force there the Countrey people became Captiues and Slaues But Kent which was not subdued by the sword but by composition retained their freedome still as did also many Cities Lord. Why then should the name villaine bée so odious if it 〈◊〉 but a Countriman for there are many honest ciuill and wealthy Countrimen Sur. Because they indured vnder that name many too much frugaâ—itie and that he needes not to care for getting more he hath no rent to pay but some to receiue which will maintaine him and when he is gone all is gone spending is easier then getting And thus by little and little roweth himselfe and the hope of his posteritie vnder water in the calme weather Whereas he that hath a rent to pay is not idle neither in hart nor hand he considers the rent day will come and in true labour and diligence prouides for it and by his honest indeuors and dutifull regard gets to pay rent to his Lord duties to the King reliefe to the poore and maintaines his estate more pleasing to God more obedient to the King more profitable for the common-wealth and more truly contented in minde then sometimes his thriftlesse Landlord I inferre not yet by this Sir that because they sometimes thriue well that liue vpon rackt rents therefore you Landlords should impose the greater rent or fine that were to doe euill that good might come of it nay rather to doe euill that euill may followe for if there bee not a meane in burdens the backe of the strongest Elephant may bee broken And the best and most carefull and most laborious and industrious husband may be ouercharged with the rent of his Land Happie therefore is that Tenant that meeteth with a considerate Landlord and happy is that Landlord that may see his Tenants prosper and thriue and himselfe haue his due with loue And on the contrarie I thinke it will bee very vnpleasant to a good minde to see his Tenant to be ouercharged and be forced to fall vnder the burden of ouer-heauie an imposition Lord. Wel I haue heard all thy discourse with patience and indeede my desire was to heare thee in these things and I mislike not any thing in thy whole relations and thy conclusion is not amisse though perchance some young nouices of the world might censure thee reason will not but alow whâ—â— thou hast sayd And I wish that all the Tenants that I haue may liue vnder me with comfort for to tel the truth I had rather buy a smilâ— and a good report of my faithfull tenants somthing to my losse then to get their frownes to my gaine For there is no comfort in a discontented people though some haue said Rustica gens optima flens pessima gaudens which may hold among Infidels and vndeâ— Tyrants but not among Christians that should not grieue one another Sur. I am right glad Sir
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
That is strange that they should grow where no firme earth is oure and without setâ—ing or sowing me thinkes if they be of any abundance poore people might make vse of theÌ„ if they be wholesome and not forbidden Sur. So do they in the times of dearth Bayly 〈◊〉 haue séene vpon these grounds store of Pewets Oliues and Cobbes breed â—owles of great request at most honorable tableâ— Sur. So haue I but to allure them it is good to strew rushes and grasse vpon the beach wheron to lay their egs vnlesse there be store of sea-weedes to serue for that purpose But for your other sorts of ground as boggie and hot and sandy grounds commonly barâ—en I see not how they may be employed to any great profit For the first namely your loâ—e spâ—ngie grounds â—renched is good for hopps as Suffolke Essex and Surrie and other places doe find to their profit The hot and sandy omitting graine is good for carret rootes a beneficiall fruite as Orford Ipswich and many sea townes in Suffolke as also Inland townes Berrie Framingham and others in some measure in the same shire Norwich and many places in Norfolke Colchester in Essex Fulham and other places neere London And it beginnes to increase in all places of this Realme where discretion and industrie sway the mindes of the inhabitants and I doe not a little maruaile that husbandmen and Farmers doe not imitate this for their owne families and to 〈…〉 their poore neighbors as in some places they begâ—n to their great profit I haue also obserued in many places where I haue had occasion to trauaile that many croftes toftes pightes pingles and other small â—uillits of land about farme houses and Tenements are suffred to lie together idle some ouergrowne with nettles mallowes thistles wilde tezells and diuers other vnprofitable weedes which are fat and firtile where if the farmer would vse the meanes would growe sundry commodities as hempe and mustard seede both which are so strong enemies to all other superfluous and vnprofitable weedes as they will not suffer any of them to growe where they are sowne The hempe is of great vse in a farmers house as is found in Suffolke Norfolke Sussex Dorset and in many places in Somerset especially about Burport and Lime where the people doe find by it great aduantage not only for cordage for shipping but also for linnen and other necessaries about a house So is also the flaxe which is also sowne in many places where good huswiues endeuour their wits 〈◊〉 and hands to that commodious and profitable course and the flaxe will like well enough in a more light and gentle and leaner soile then the hempe And indeede there is not a place so rude vnlikely but diligence and discretion may conuert it to some profitable end and among many other coÌ„modities I maruaile men are no more forward in planting of Apple trees Peare trees Crab-stockes and such like in their hedges betweene their fields aswell as in Orchards a matter praise worthy and profitable to the planter and to the common wealth very beneficiall Bail Indéed I haue thought vpon this kind of husbandrie but I haue bene preuented of mine own desires by a preiudicate conceit that these fruites would redound little to my benefit for that I think they will be stolen the hedges troden downe and the trees broken for the fruites sake Sur. Negligence may easily find excuse but this obiection is friuolous for I know in Kent Worcestershire Shropshire Glocestershire Somerset and Deuon and many parts in Wales full of this commoditie euen in their remote hedge-rowes And although some few be lost sith the rest come so easily so fully and so freely a good mind will not grudge at a way-faring passenger taking for his refection and to qualifie the heate of his trauell an apple or a peare for the remnant will content the well conditioned owner For I haue knowne that all the stolen allowed the fruite thus dispersedly planted haue made in some little Farmes or as they call them in those parts Burgaines a tunne two three foure of Syder and Perry which kind of drinke resembling white wine hath without any further supply of ale or beere sufficed a good housholder and his family the whole yerâ— following and sometimes hath made of the ouerplus twenty nobles or ten pounds more or lesse Baylie This surely cannot be but confessed to be very beneficiall both for priuate and publike wâ—â—le And I myself haue noted y t Mid. in former times hath had regard to this kind of commoditie for many Apple-trees Peare trees Seruice trees such like haue bene planted in the fields and hedge-rowes especially in the North and East part of the shire as also in the South part of Hartfordshire which are at this day very beneficiall to the inhabitants both for their owne vse and reléefe as also to vâ—nt diuers wayes at London But the trees are now for the most part very ancient and I do not sée such a continuall inclination in the time present to continue or increase this benefite for the vse of posteritie neither did I euer know much Syder or Perry made in these parts neither do I thinke they haue sufficient skill or meanes Sur. I thinke indeed little Sider is made there some Perrie there is here and there but more in the West country and in Kent a place very fructiferous of that kind of fruite Bai. Yet is there not so much Syder made for all the great abundance of fruite as there might be but in the Inland Sur. The reason is because that neere London the Thames side the fruite is vented in kind not only to the Fruterers in grosse but by the country wiues in the neerest part of Kent Middlesex Essex Surrey who vtter them in the markets as they do all other vendible things else Bayly But aboue all others I thinke the Kentishmen be most apt and industrious in planting Orchards with Pippins and Cherries especially néere the Thames about Feuersham Sittingburne And the order of their planting is such as the form delighteth the eye the fruite the taste and the walks infinite reâ—reaâ—e the bodie Besides the grasse and hâ—rbage noâ—withstanding the trées yeldeth as much benefitâ— in manner as if there were no trées planted at all â—specially for hay Sur. Iâ— is true and in mine opinion many men hauing tenements and time in them make not halfe the profite which by due and discreet industrie they might Bayly Truly I now so conceiue it for you haue in mâ—ny things made me sée mine owne indiscretion negligence but in many of them feare hath more preuailed with me then wilfull refusall And so I thinke it doth in other men who also with my self arâ— ignorant of many points of prouidence and good husbandry because they are not generally trauelers to sée other places neither hath their bréeding bene iudicious but plaine