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
you are of so qualified a disposition your example may do good to others if not it will giue euidence against the contrarie minded in time to come And so for this time I must intreate you I may take my leaue of you I will attend your other occasions foorthwith Lord. That is my will But who comes yonder Sur. I take it is your Tenant that lately departed from vs. Lord So it is I will leaue you two together farâ— you well You know the placeâ— where mine occasions will draw you and in the meane time I will make you a warrant to go in hand with it The end of the second Booke The Surueyors Dialogue betweene the Farmer and Surueyor wherein is shewed the manner and method of keeping a Court of Suruey with the articles to be inquired of and the charge how to inroll Copies Leases and Deeds and how to take the plot of a Mannor The third Booke Farmer YOu are happily met here againe Sir haue you euer since had conference with my Landlord Sur. Yea. Farm He is a man of good vnderstanding and very inquisitiue of things of profite And yet to tell you truly he is a good man to his tenants Suruey Loue him then for such deserue loue Farm He is beloued of his tenants indéede for they will go and ride and fight for him Sur. It is the part of good tenants and an argument of a good Landlord But fare you well I cannot now stay I haue bene long letted by your Landlord and you Farm Are you presently to vndertake the suruey of my Landlords Lordships Sur. I am now going about it Farm I thinke it be in your choice where to begin let me therefore intreate you to begin with Beauland a Mannor of his here at hand whereof I am both tenant and Bayly and therfore I will and must attend you and yéeld you my best ayd both by my trauell information and records of the MaÌ„nor Sur. Keepe you the Lords records Bay The key is in my keeping that leads to the Chest but the key of the Chest is in my Lords kéeping but I will send for it that you may haue y e full view of the euidence Sur. So it behooueth Is it a large Mannor Baylie It is spacious in circuit and of great apparance of Tenants full of diuers commodities both vnder and aboue the earth as also of fishing and fowling and beareth not the name for nought for the Mannor is faire and very commodious Sur. Be you then my guide Is yonder it with the faire house by the Woods side Baylie That is it and a stately house it is indeede Sur. It seemes to be a large and loftie cage if the Bird be answerable Baylie What meane you by that Sur. I meane that a Titinus may harbour in a Peacockes cage and yet the cage maketh her not a Peacocke but will be a Titinus notwithstanding the greatnes of the cage So if this loftie Pyle bee not equalized by the estate and reuenewes of the builder it is as if Paules steeple should serue Panâ—ras Church for a Belfrey Baylie I thinke my Landlord sent you not insteaâ—e of surueying his Land to deride his house Sur. The house is beautifull and faire I deride it not you doe your selfe wrong in attaching mee neither discommend I the builder For he that hath gold enough let him build a house of gold with Nerâ— who made vnto it a pond Mariâ— iâ—stâ—r and woods full of all kind of wild Beasts Publius Clodius whom Milâ— slew bought a house which cost him 147000 Sestâ—rties Let Princes haue their Palaces and great men their pleasant seates for the poorest will please his fancie if he be wilfull But to tell thee by the way for this is but idle communication that I haue obserued in nothing more sudden and serious repentance then for building I could point out places and persons too with my finger but what needs that I wish their repentance could redeem the thing repented of but it cannot no more then Quintus Curtius could redeeme himself out of the deuouring gulfe We haue in our dayes many and great buildings a comly ornament it is to the face of the earth And were it not that the smoake of so many chimneyes did raise so many duskie cloudes in the aire to hinder the heate and light of the Sunne from earthly creatures it were the more tolerable Bayly Nay truly I will excuse that fault the fire is made most in the kitchin Sur. Then it besmoketh not the hall as old worthie houses did whose kitchins smoake sent foorth cloudes of good meate and showres of drinke for the poore Bayly Yea Sir that was a comfortable smoke but Tempora mutantur omnia mutantur in illis no earthly thing continueth constant but hath his change Lo Sir now you are come to the house it selfe Sur. Truly here is a pleasant ascent neither too steepe nor too flat and of a good length And now we are come to the top of the hill here is a goodly prospect and pleasant And these springs I like well For a house without liuely water is maymed and the water is well conueyed that it cannot annoy the foundation of the house and yet serueth the most necessarie offices very commodiously and I see the Conducts are made of earthen pipes which I like farre better then them of Leade both for sweetnes and continuance vnder the ground The trees are well placed about the walkes but that they are somwhat too neere together their branches confound one the other they are but twenty foot and I like better thirty It standeth warme and comfortable towardâ— the South-east to which the best lights are made fitly to serue but iâ— the ground would haue serued I like plaine South the better point for the comfort of the Sunne at all times of the yeere And nature hath planted this wood most commodiously in the North side of the house And it is delicately aduanced vpon the edge of the hill it is not possible to seate a house more delightfully for Winter and Summer in mine opinion Now if vpon view of the demâ—â—snes and the rest of the parts it be not found like vnto a child borne in Chesshire with a head bigger then the bodie I shall like it well Now to our businesse you are Bayly take this Precept and summon the tenants to make their appearance according to the purport of the same The forme of the Precept THese are to will and in the name and behalf of the Lord of this Mannor to require you to giâ—e notice and warning vnto all and singular the tenants of the same Mannor that they make their personall appearance on Munday next being the tenth of this instant â—une at the place where the Lords â—ourts of this Mannor are vsually kept And also to warne them and euery of them to bring with them all such Deedes Copies Leases other
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
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
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
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
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
is fit but for their euidences as their copyes and leases the Lord hath the Court-rolls of the one and counterpanes of the other and for fâ—ée holders déeds their Land is their owne and whether they may be compelled to shew them or not I can not tell Sur. These are â—â—iuolous doubtâ— that some haue formerly made but they haue bin answered to their cost for the law compelleth them all For admit the Lord of the Mannor haue the rolls wherein the copyes are recorded may not copyes be abused after their entryes or counterfetted in some things preiudiciall to the Lord as may also the Lease as hath been found oftentimes names and liues of men parcels of Lands dates of yeeres and such like â—azed inserted or altred And is it not fit therefore that they be seene entred together that without search of so many court rolls the Lord may be satisfyed the Tenants iustified And what preiudiceth it the Tenant to haue his euidences truly recorded if he meane plainely be it copy lease or free deede he will thinke it a confirmation of his estate what casualty soeuer come to the same he may be the better assured that such a record will witnes with him whereas if none such appeare his intrest will be the more suspicious and therefore such as are wise and discreet will not only consent to this good course but be thankefull vnto the Surueyor as behooueth If it be iust and right that the Lord should know his owne who should manifest it but the Tenant himselfe and how should hee doe it but by his euidence And most vniust it is in that Tenant that by any wilfull or sinister meanes or couert practice doth either detract his fellow Tenants from the seruice or concealeth any thing that may further the same Farm This I can not deny although indéede some â—oly fellowes will 〈…〉 doubt héerein but I sée it is to good purpose and for our better security to do all things requisite in this businesse and that all the Tenants within the Mannor should conioyne in 〈◊〉 and euery one for himselfe and all for one and one for all should séeke examine and declare the vttermost truth of euerything towards the exact performance of this seruice and that the Surueyor should know the quantities qualities and indifferent painâ—â—â— of euery mans Tenement and Lands their rents seruices customes worâ—s and whatsoeuer the Tenant is in lawe or conscience bound to yéeld or performe to his Lord and indéed thus 〈◊〉 haue I heard giuen in charge at a Court of Suruey with many other articles which are now out of my mindâ— all which may be done by Tenants with a good conscience both by relation in Courts and in the perambulation but the concealing of these can not stand with an honest mind for these things of themselues can not preiudice the Tenants but the misconceiuing misenâ—ring by the Surueyor may be erroneous and the ouer-racking vrging and ouerburdening the Tenants by the Lord may be extortious These things may fall out by meanes of an vniust and vnskilfull Surueyor and a couetous Landlord And the feare of this maketh the Tenants to exteâ—â—ate the values and to smother the truth of things to their soules danger therefore happy are those Tenants that haue a gracious Lord and an honest Surueyor for then there can not be but an equall and vpright course held betweene them then can not the Tenants but be faithfull and louing to their Lords and their Lords fauorable to them so should the Tenants be defended by their Lords and the Lords fortified by his Tenantâ— which were the two principall causes of the originall foundation of Mannors as I haue heard Sur. You say rightly and I am glad to heare you conceiue so well of this apparant necessity for so may I say that it is of necessity that the Lord should know the full and absolute estate of his Mannor and of euery particular thereof for howsoeuer of late dayes Tenants stand in higher conceits of their freedome then in former times if they looke a little back into antiquity they shall see that Tenants for the most part of euery Mannor in England haue ben more seruice vnto theyr Lords and in greater bondage then now they are whom the fauorable hand of time hath much infranchised and it can not be altogether euery where forgotten because they may see as in a glasse the picture of theyr seruitude in many auncient custome rolls and in the copyes of theyr owne auncesters and many seruile works haue been due and done by them and in many places yet are though the most are now turned into money but neyther theyr infranchisements nor the conuersion of works into rents doe so farre free them but that they still owe seruices vnto their Lords in respect of their tenures as well freeholders as customary Tenants as both in most of their copyes and deeds is expressed by these words Proâ—editu seruitiis vnde prius debit de iure consuet which proueth their tenures in a sort to be conditionall which condition if it be wilfully broken by the obstinate carriage of any such Tenant he indangereth his estate Lord. It were hard if for not doing some small seruice vnto his Lord a man should forfeit his liuing Sur. And it were very foolishnes in a Tenant for wilfull refusall thereof to indanger the â—ame for if the Lord be in lawe tyed to mayntayne the right of his Tenant and to defend him against any other that shall pretend a false title vnto his Land the Tenant is againe bound to performe all such seruices and to pay all such dutyes as of right he ought And it is expedient that the Lord should see these dutyes continued and it hath been and is dayly obserued that the neglect thereof extinguisheth the remembrance of them and so the Lord loseth his inheritance for euery seruice of the Tenant is parcell of the same and the remisnes of looking into these tenures hath brought it to passe that infinite within this kingdome that hold in fee quillets of Land and some Mannoâ—s know not how or of whom they hold so that hereby Lords of Mannors of whom these quillets were heretofore knowne to hold haue lost their tenures and seruices and such as hold the Land by vnknowne tenures are cast into the danger to hold to their and their posterities further hurt Farm If Tenants will be wilfully obstinate and refuse to do and continue their vttermost seruices vnto their Lords as bound by their tenures béeing as you say parcell of the Lords inheritance they are worthy to be attached of disobedience and to pay for their contempts and if Lords will bée so negligent as they will not looke vnto their owne they are worthy to lose their right and therefore I hold it discretion in the one to do his duty and prouidence in the other to continue what is due
glad to learneâ— for I haue to doe sometimes with Herioâ—s But because I know not why they are so called what they bee how where when by whom for what they should bee answered I do feare I am sometimes abused Sur. I may tell you as I haue heard and of my selfe coniectured whence the word commeth But I haue no certaine authority for it Iâ— may beâ— said and most likely it is that it should come of the word Hâ—rus a Lord and Master and Heriotâ—â— belonging to the Lord. And it was in the beginning a thing for the warres as the best Horse a man that died had at the time of his death Sixe Controlâ— 11 26 maketh a Barony 25600. acres whose reliefe is 100. Marks One Barony ½ make an Earledome 38400 acres whose reliefe is 100. pound Lord. Do these proportions of Land alwayes hold with their titles of honor Sur. Surely no for we may obserue they are increased and diminished as men are in disposition to spend or saue to adde to or to dismember their patrimonies But these were the proportions at the first institution of these particular allotments and the denominations do hold though the quantities of the Land be more or lesse the lesser parts we see as yard lands plow-lands c. differ as the custome of euery Countrey drawne by time doth at this day hold and allow but that is no preiudice to the first purpose which allotted a certainty to euery part and a certaine reliefe to be paid according to the first institution of euery part and the payment followeth the title not the quantity Lord. You haue sayd inough of reliefs now speake of the rest and as I remember the next after reliefs was waynes what are they Sur. Waynes or wayned goods are goods or chattels of what nature soeuer stolne in the fugacie of the thiefe he leâ—ues them behind him for want of conuenient carriage or conueyance being pursued and wheresoeuer such goods are they are y e Lords of that Mannor oâ— liberty wherein they are fouÌ„d if the prerogatiue of y e Mannor wil beare it for euery Mannor wil not but such as haue it by graunt from the King Lord. Whence commeth the word Waiffe Sur. The goods thus stolne and left behind the thiefe are called in Latine Bona or catalla waniata a word which our common Lawyers only vse and the signification is gathered by the vse for I thinke none that is a stranger to the 〈…〉 he be neuer so well seene 〈◊〉 can say this word signifies the thing for which it is now â—â—ken Lord. Well then as long as we vnderstand the meaning by the vse it sufficeth without further examination or disputation about the word it selfe But how is it to be 〈…〉 goods for it may be as 〈◊〉 casually lâ—st as 〈◊〉 stolne Sur. Therefore when any such thing is found within a Mannor the Bayliffe or other the Lords officer seizeth it to the Lords vse as a thing wherein at the instant no man claymeth propertie And if it be nor euident by the pursute of the theefe that it was stolne it is proclaymd and presented the next Court and found by the Iury of what nature it is and that the property is in the Lord and because these and estrayeâ— are spoken of at large at euery Court-Baron by the Steward no man can pretend ignorance of them therefore I will omit to speake any more of them But a little of forfeitures though no doubt you being Lord of many Mannor know right well what they are and how they grow and the 〈…〉 no doubt could wish you and other Lords knew lesse then generally you do Lord. Tush if there were no penaltyes men would commit offences without feare and if there were no forfeitures for abuses done against Lords of Mannors Tenants would too boldly make wasteâ—â— spoyles of the Lords inheritance without regard of law loue or humanity and therefore let me heare your opinion what forfeitures are and for what causes Lords of carelesse Tenants may take aduantage of forfeitures Sur. I know many Lords too forward in taking aduantage of forfeitures vpon small occasions and if manifest cause be giueÌ„ them they shew little compassion And if I knew you were a man desirous to take aduantage in this kinde I would beâ— sparing to discouer any thing tending to that liberty for I well conceiue that the lawe did not to much prouide to enrich the Lords of Mannors by their Tenants forfaytures as to keepe Tenants in good order and to restraine them with feare of losing their Tenements from rash and wilfull abuses And therefore in all forfaytures there are diuers circumstances to bee considered as whether the Tenant did it ignorantly negligently or as constrained through necessity In these cases whatsoeuer lawe in extreme iustice alloweth a good conscience forbiddeth to take aduantage though the second be worthy to suffer some smart for negligeÌ„ce cannot be excused for nature it self teacheth beasts they in their maner of liuing vse a kinde of prouidence But if the forfayture be coÌ„mitted wilfully or maliciously it deserueth in the first little in the second lesse pity Yet where a good mind is there lodgeth no reuenge or couetous desire And where neither of these are there all extremities die Yet I wish that in these last two cases the offendors should be punished more in terrorem for examples sake then to satisfie the greedy desire of a couetous Landlord who though he may say he doth no more then the law warranteth doth yet straine a point of Christian charity by which men are bound to measure all mens cases by a true consideration of their owne So shal he that is Lord of much and of many Mannors looking into the law of the great Lord of whom he hath receiued 〈◊〉 whatsoeuer he hath finde 〈◊〉 himselfe hath committed a forfayture of all if his high Lord should take aduantage of all the trespasses 〈◊〉 wrongs hee hath done against him Lord. You are out of the matter wherof our talkâ— consisted I desire you not to tell 〈…〉 I may take a forfeiture by a good conscience but what a forfeiture is and 〈◊〉 the taking and leaâ—ing the aduantage vnto such as haue the power to punish or forgiue Sur. So must I when I haue spoken all I can But I hold it not the part of an honest mind in a Surueyour to be an instigator of the Lords extremities towards his Tenants though I confesse he ought to do his vttermost indeuour to aduance the Lords benefit in all things fit and expedient yet ought his counsaile and aduice to tend no further then may maintaine obedieÌ„ce in the Tenants towards their Lords and loue and fauour of the Lords towards their Tenants which being on all sideâ— vnfained neither of them shall haue iust cause to complaine of or to vse râ—goâ— to the other for it is not the actor
but are in nature of other rents certaine And of these kinds are infinite other things incident to some Manors but not to all As the profits of Faires and Markets Woodsales sales of heath flags and Turburie paâ—â—nage and such like All which are in themselues vncertaine as touching the value vnlesse they be turned into a rent certaÌ„ine Lord. Sur. Yet the Lord must be 〈◊〉 howe he lets these casuall thinges before hee knowe what they are how they rise what profite they may yeeld how they will continue and to whom and vpon what conditions he graunt them Otherwise he may bee ouertaken and much abused for a secret once â—et can not be reuoked aâ— pleasure Lord. Sur. Therefore I say it behooueth the Lord to whom such casualties shall befall first to make due and diligent triall by men both of trust and experience what may bee made of any such thing by the yeere for such is the waâ—y dealing of some that haue the guiding of things of this casuall nature that they will obserue the conditions and qualities circumstances and value to themselues and disable the thing and estimate the value to the Lord to bring him out of conceite with the goodnes and validitie thereof to the end they may obtaine a graunt as hath fallen out in many things and to many men whose future profite of the things thus atchieued haue approoued the Lord to be much abused This I knowe by experience in the graunt of a cole mine which as long as it was in the Lords hands it yelded a small yeerely reuenew vntill he that managed the same got a graunt of the Lord and then the profite was twice quaâ—rebled by the lessees own confession The like of a Saâ—â— on fishing wherin the Lord lost two parts in three yet at the time of the letting made to beleeue it was hardly worth the rent yet would I wish that Lords of Mannors in these casual things would be contented after true triall made to grant the same for a reasonable â—eÌ„t though the lessee gain for the trauaile and hazard in these vncertaine whereby I may apprehend truly the full estate of my Mannor as belieeue 〈◊〉 and what commodities do rise or may by any meanes lawfully be raised in the same Sur. If a painter should draw your picture Sir and you hauing a blemish in your face or defect in your limmes would you thinke he dealt truly with you if he omitted the blemish and made your liue ameÌ„ts perfect straight being deformed crookeâ— Lord. I know your meaning I like no such flatterie neither would I he should make a straight leg crooked but true conformitie in all parts Sur. So will I as neere as I can for neither in quantitie qualitie nor value will I for I ought not be partiall for these are the things wherein inâ—uâ—â—e may be done to the tenants neither will I for I ought not coÌ„ceale or counterfeit their estates terms of yeeres liues couenants or conditions rents seruices forfetures or offences neither whatsoeuer profites emoluments or commodities that may any wayes arise or grow vnto the Lord. For a parciall eye seduceth the heart and the heart the hand and the hand the pen which cannot but witnesse against a corrupt entrie of these collections many yeeres after the Surueyor is in his graue Lord. Thou speakest as an honest man and I mislike thee not if thy words and thy works agrée And séeing we are growne thus farre I pray thée make an end of thy whole discourse tell me what else appertaineth to a Mannor Sur. I haue alreadie declared the most But Mannors much differ in their profites For a Mannor of small quantitie of land and few tenants may be more beneficiall to the Lord then a farre greater Lord. How may that be Sur. Diuers Lordships yeld extraordinarie comodities some vnder the earth some of the earth some aboue the earth as Tiâ—ne lead copper cole stones milstones and such like found vnder the earth which euery Mannor hath not Lord. But these are chargeable commodities to get Sur. So is the Lord of the Mannor at no cost in planting plowing setting or sowing them Lord. That is true but commonly the land is barren where these things are found And therefore it is a great worke of diuine prouidence to yeld such a commoditie from vnder the barrenest soile to supplie the want thereof in plates more fertile of other things more behoouefull for the reliefe of man And yet in many of â—hese barraine places groweth by the diligence of man corne in aboundance as the Psalmist sayeth A handfull of corne shall bee sown vpon the toppe of the Mountaine and the fruit therof shall shake like the Trees of Lebanon Sur. Wheâ—e diligence is and the feare of God there no doubt God blesseth the labors of men and watereth euen the highest Mountaines from his Chambers For when Israel turned to God from their Idolatrie hee promised by Ezechiel that their desolate places and high Mountaines should bee tilled and sowne But he maketh a fruitfull land barraine for the sinnes of them that dwell therein So that whether God send his blessings vnder the earth vpon the Mountaines or in the Vallies whether in grasse for Cattle in herbes for the vse of men whether in Wheate Oyle or Vines he truly intâ—tleth none vnto them but such as feare to offend him and shewe thankfulnes Lord. Though these words digresse from our present matter in hand somewhat yet it is good that both Lords and tenants should know and acknowledge indéed froÌ„ whom all these good things do procéed For although they come some from vnder the earth some of the earth and some aboue the earth they â—e not yet the gifts of y e earth but of God that hath prouided the earth to bring them foorth to our vse But what mean you by the things of the earth come not these of the earth Sur. Yes I confesse iâ— but some things are more perfect of themselues then other But such as by an extraordinarie working of mans art are made of the earth I tearme things of the earth and they also rest to the benefite of the Lord of that Mannor where such earth is found as the earth whereof Allome Copras Salt-Pâ—ter Glasse or other such is made together also with Fullers earth Bricke Tile and Potters clay which are not common Lord. Is there any other thing Materiall incident to a Mannor Sur. Yea and amongst all the rest of the priuiledges which the Lords of Mannors haue to raise their further benefites by are two not yet mentioned wherein if they be not very precise and circumspect how they bestow them and in what sort they dispose of them there will follow a fearefull account when the great Lord of all Lords shall take suruey of the things done by the Lord of the earth Lord. What are these things I pray you that you make such scruple
to vtter them Sur Things of themselues lawfull by the lawes of the Land where they be iudiciously and carefully handled as they are by the lawes intended and by the chiefe disposers meant namely the mariages of Wards and disposition of their lands in their minorities and the presentations of benefices in the gifts of priuate men Lord. For the first I haue yet no occasion to make proofe how or what they are but the second I haue had some power to bestow wherin I was not so remisse as that I presented such as were not fit for y e funâ—tion which I thinke is your meaning therefore let that passe awhile learne me what a Ward is and how he and his land is to be disposed by the lawe that I may learne it against the time I may haue vse Sur. The word Ward is as much as guard which signifieth tuition or defence and he that is in ward is vnder some mans gouernment and keeping and the word hath a passiue signification as it is vsed in our common speech and yet the same word is also vsed in the actiue sence as they that watch or attend for the defence of any are called the ward or guard of that person or thing they do protect But the wards whereof we are now to speake of are the sonnes or daughters heires to some person that held his land either of the king in chiefe or of some inferior person by knights seruice whose heire male being vnder the age of 21. yeeres and the female within the age of 14 yeeres the Lord shall haue the ward guard or custodie of the bodie and of the lands so holden of him to his owne vse vntill they come to these ages without making account to the heire when he or she comes to age as law bookes will tell you Lord. Then me thinkes the word as it is commonly vsed is improper namely to call â—uch an heâ—â—e a ward it is more proper to say he is in ward or as the Lawâ—er sayes a ward Sur. I take it as yâ—u do Lord But what is the reason that the Lord shuld haue the land to his owne vse why rather do not y e profits redound to y e vse of y e heire in his minority Sur. This kind of wardship had some reason for it in the beginning For you must vnderstand that he whose sonne or daughter is to be thus guarded and his land to be disposed by the Lord was in his life time bound by the tenure of his land to do manly and actuall seruice in person in the time of warre or to keepe a castle â—ith some kind of warlike weapon in the time of war and peace And these kinds of capital seruices were called either tenures in capite as holden of the king who is the chiefe Eâ—â—nage vncertaine grand seriâ—â—â—tie or some other like seruice and was called seruiciâ—m miâ—â—tare seruice of a soldier now called knights seruice These seruices were not to be discontinued for to that end were the lands first giuen by the king and other inferior Lords of MaÌ„nors that they might haue the continuall seruice of their tenants And therefore whensoeuer the tenant of such a tenure died hauing none to supply the place of like manly seruice the heire being vnder age and not of power the Lord was and is supposed to be bound for the defence of the Realme to performe the seruice by a person for whom he must answer in the heires minoritie And because the charge was in former times great and dangerous and the land giuen onely for that cause the Lord was to keepe the heire and to see him trained vp and to be made fit for the same seruice and for his maintenance supply of the seruice to haue the vse profit of his land vntill he became able to performe the seruice himselfe in person Lord. I thinke this to stand with great reason for if it had not bene thought reasonable the lawes would not haue prouided in that case as they haue done as it appeareth by your relation Sur. Many Statutes indeed haue bene made touching Wards Mag. cart ca. 4.7 28. Maâ—l cap. 6.7.8 c. Westm. 1. Westm. 2. and many Statutes since to which I refer you too long here to relate Lord. What néeded you then giue such a strict caueat touching Wardes Sur. Truely to put Lordes and others into whose hands they often happen in mind to be carefull of their education and disposing because many incoâ—ueniencâ—s follow if their Guarders be not faithfull and prouident for their wel bestowing Lord. How in bestowing Sur. In mariage For the Lordes haue the mariage both of the Male and Female if they bee vnmaried at the time of their ancesters decease And it falleth out many times that partly for their land and partly for their mariage they are bought and sold and marryed yong and sometimes to such as they fancie not when they come to riper iudgement they bewray their dislikes too late And sometimes their education is so slenderly regarded that when they come to gouerne themselues and their familyes their estates and patry monies they discouer what their education was good or euill Lord. There bée thrée especiall ends whereunto the good education of such an Infant should send The 〈◊〉 and principall is the feare of God in true Religion the second is the benefite that the Common-wealth shall reape by his vertue and sufficiencie the third and last the abilitie by which hee may gouerne his familie and manage his patrimonie for his best maintenance But what can you now say touching the second of these chiefe points Namely the presenting of Clarkes vnto Ecclesiasticall 〈◊〉 and how it commeth to passe that our Lay man as he is called may nominate and present a Clarke to a Parsonage Uicarage or 〈◊〉 Chappell whose function is high and diuine Sur. The reason why these Lay-lords of Mannors do presâ—nâ— as aforesaid is in right of the Parsonage Vicarage or free Chappell belonging to their Mannors where the Lord of the Mannor is very and vndoubted patron of such an Ecclesiasticall gift hee may make his choice of the parson or vicar Alwayes prouided by diuine ordinance humane instituâ—ions he must be Idoneus fit for the place Lord. But lye thâ—t in the Lords power onely to nominate and present such a one and is it then sufficient if hee deeme the partie fit Sur. No he must be approued fit by his Ordinarie the Byshop of the Diocesse by whom he must be instituted and 〈◊〉 Lord. Then is the Lord in his nomination and presentation cleared of offence to the Church if the partie prooue after insufficient Sur. He is in some sort But he is bound in conscience to be very circumspect in his choice For iâ— any carnall consideration mooued him to the partie he standeth not cleare before God into whose steade he intrudeth himselfe after
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
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
the land cannot inherit 〈◊〉 hareditario but by conueyance Neither if he purchase land in his owne name can any inherite it after him of his supposed bloud vnlesse he be maried and haue children lawfully begotten to inherite Because it is contra formam Ecclesia as appeareth more at large Merton cap. 9. For a Bastard is no mans or euery mans sonne 7 What Demeysne lands hath the Lord within or belonging to this MaÌ„nor what how much woods vnderwoods medow pasture arable moores marshes heathes wastes or sheepe walkes And what is euery kind woorth yeerely by acre how many sheepe may the Lord keepe vpon his walke winter and sommer and what is a sheepe-gate woorth by yeere and what is euery acre of wood woorth to be sold Although this Article and sundry other hereafter mentioned be in substance enacted by a Statute made Anno g. Ed. 1. called extenta Mannerii to be inquired of by the tenants yet it is the part and office of a Surueyor to see examine iudge by his own experience knowledge euery particular comparing the Iuries presentment with his own opinion so shall he more truly attaine to the true vnderstanding of the things he seeketh and the more if he discreetly feele the minds of forraine inhabitants that are ignorant of the cause of his inquisition 8 What demeisne Lands hath the Lord lying in the common fields of the Mannor howe much in euery field and euery furlong And what is an acre of field arable land worth by yeere The like you are to present touching demeisne meddow lying in any common meddow within the Mannor 9 Also you are to present the names of all your common fields and howe many furlongs are in euery field and their names and the common meddowes and their names And what beasts and sheepe euerie Tenant ought to keepe vpon the same when the corne and hay is off And what a beast gate and sheep gate is worth by yeere Also at what time your field and common meddowes are layd open and howe are they or ought to be vsed And whether is it lawfull for the Tenants to inclose 〈◊〉 part of their common fields or meddowes without the licence of the Lord and consent of the Tenants This Article is duly to bee considered first in setting downe in certainty what euery man is to keepe vpon the fields and common meddowes because iniury is daily done by some of greatest abilitie to the meaner sort in oppressing the fields with a greater number of Cattle then according to a true proportion will fall vnto their share which is very eâ—tortion and a punnishment is to be inflicted vpon the offenders Also inclosures of common fields or meddowes in part by such as are most powerfull and mighty without the Lords licence and the Tenants 〈◊〉 is more then may be permitted the reason is that the rest of the Tenants loue 〈◊〉 much right 〈…〉 the same when the corne is off as he hath that encloseth the same Bayly But Sir if they lay it open at Lammas or at such time as custome requireth I think he doth neither Lord nor tenants wrong Sur. Yes for first be depriueth theÌ„ both of the feed of as much as his hedges ditches and enclosures take besides whether is it as conuenient for passe and repasse for cattle at one little gappe or two as when there is no estoâ—ell at all Bayly You like not enclosures then Sur. I do and I thinke it the most beneficiall course that tenants can take to increase their abilities for one acre inclosed is woorth one and a halfe in Common if the ground be fitting thereto But that it should be generall and that Lords should not depopulate by vsurping inclosures 10 What Commons are there within the Lordship which do properly belong to the Lord and tenants of this Mannor and how are the tenants stinted whether by the yard-land plow-land oxegang acres or rent how many may euery tenant keepe after either proportion or rate In this the like consideration is to be had as of the former but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica forraine herbage or pasture because no part of it is proper in any sort to any peculiar tenaÌ„t no not to the Lord himselfe as are the common fields coÌ„mon meddowes This kind of Common or pastura forinsica is in three sorts the one is where a Mannor or towne-ship hauing and holding their land in seueraltie haue by consent lymited a certaine parcell of ground to lie common among them and from the beginning haue stinted euery man according to a proportion betweene them agreed and that is commonly by the acre which the pasture containeth Another maner of such kind of common pasture is where certain waste grouÌ„ds one two or more lie within the MaÌ„nor or township and the Heard of the whole Towne is guided and kept by one appointed by the Tenants and at their generall charge to followe their Cattle in which kind of pasture there is also a limitation or stint both of the number and kinds of Cattle A third kind of this pasture or common feeding is in the Lords own woods that lie common to the Tenants as also common Moores or heathes that were neuer arable In all the former coÌ„mons of pasture there should bee a certaine stint and allotment both to the Lord and his Tenants but in this latter it seemeth that the Lord should not be limited because all these latter commons are supposed his owne and the Tenants haue no certaine parcell thereof layd to their holdings but only bit of mouth with their Cattle But the Tenants ought to bee stinted in all sorts of common lest as I sayd before the rich deuour the poore for the one can prouide sheepe and other Cattle for the summer and haue inclosed pasture for the winter or can sell againe when the forraine pasture is gone but the poore cannot doe so 11 Whether hath any man to your knowledges incroched any part of the Lords waste by inclosure or adding any part thereof to his owne land present who hath so done where how much and how long it hath continued This kind of incrochment is not rare especially where great wastes and mountanous grounds are where the Lord nor his officers walke not often and where Tenants for fauour or affection will wincke at euill doers or for their owne priuate lucre commit the same error themselues with hedges ditches pales walls shed is c. 12 Whether hath the Lord any Parke or demeisne wood which by stocking may turne to the Lords better benefite by pasture Arable or meddowe and what is an acre worth one with another the stocking and how many acres is the wood and what will an acre of the wood be woorth and what will an acre of land be worth by the yeere to be let when the ground is stocked
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
will burn very excellently And if it be cut neuer so deepe it will fill againe in few yeeres and then may it be digged againe Bayly Then it is beneficiall ground Sur. So it is and I thinke there be many grounds would serue to this purpose if they were sought out where scarcitie of other fewell is Bayly You spake of Furze I take that to be no good fewell but to brew or bake withall Suruey Yes it is good fire-wood in Deuonshire and Cornwal where they make great profite in venting it for that vse in many the greatest townes and in Excester especially Bayly Then are they better then our ordinary Furzes about vs. Sur. The countrey people do call them French Furzes they haue a very great stalke and grow very high and their prickle very strong but that they grow thicke and the body is commonly bare to the coppe where is onely a greene bush of the tender and small branches and seldome elsewhere so that they easily make them into Faggots 31 Whether is there within the Mannor any Slate-stones for â—iling red or blacke Lead or Oker for marking stones These kind of Slate stones are full in Cornwall and the marking stones most about Darbyshire and those parts 32 What Deere hath the Lord of this Mannor in his Parke red and fallow how many of Antler and how many rascall who is Keeper and what is his Fee by yeere whether hath he any Warren of Conies or Hareâ— who is Keeper of either of them and what Fee hath he by yeere and what is the Warren of Conies woorth by yeere and what were the Parke woorth by acre to be let by yeere if the Deere were destroyed and how many acres is there within the 〈◊〉 A Parke for Deere is more for the pleasure then for the profit of the Lord or Commonwealth and yet fit that Princes and men of woorth should maintaine them at their pleasures yet not so fit that euery man that listed should maintaine that game for his priuate pleasure that depriueth a Commonwealth of more necessary commoâ—ties But men of late are growne more considerate and haue disparked much of this kind of ground and conuerted it to better vses As for warâ—ens of Conies they are not vnnecessarie they require no rich ground to feed in but meane pasture and craggy grounds are fittest for them It is therefore in the discretion of a good and circumspect Surueyor to aduise his Lord how to dispose of these things for his best aduantage 33 What pentions portions payments or fees are or ought to be yeerely payed out of this Mannor to whom are they payed and for what and what rent or annuitie is there payed or ought yeerely to be payed out of any Mannor or by any person vnto the Lord of this Mannor and whether hath the same bene duly payed or discontinued what is the annuitie or rent by whom ought it to be payed for what thing and how long hath it bene discontinued These things are very duly to be examined both which go out of a Mannor or be payed to a Mannor although in many places they be much neglected not in calling for I confesse but if such payments be denyed the Lord to whom such things are due can hardly say or aâ—ow for what or in consideration whereof they are due and by that meanes men 〈…〉 right both of the payâ—◠〈…〉 of the land if it escheate yea whole Mannors 34 Whether is there within this Mannor any Market weekly or Faire at any time of the yeere kept on what day or dayes who hath the toll and profits of the same and what is it or may it be worth vnto the Lord by yeere Faires and markets are commonly by patent from the King 35 Whether doth the Lord or may he take in any â—â—ine to pawnage yeerely into his parke or woods what iâ— the pawnage woorth by yeere Bayly Sir you need little to enquire of that for Okes and Beech that haue bene formerly â—ery famous in many parts of this kingdome for féeding the Farmers veniâ—â—n are fallen to the ground and gone and their places are scarcely knowne where they stood Sur. It is very true and it is pitty that Lords of MaÌ„nors haue no more care of their posterities For assuredly there will be greater want of â—â—mber in time to come in this Realme then may be supplyed with little charge from any part else whatsoeuer And therefore might Lords and Farmers easily adde some supply of fuâ—â—â—e hope in setting for euery twenty acres of other land one acre of Acoâ—â—es which would â—ome to be good timber in his soâ—nes age especially where there is and like to be more want Bayly The course â—â—ere good but you 〈…〉 for Okes are 〈…〉 it will be long ere they come to be tiâ—ber Sur. I know in Suffolke where in twenty yeeres Acornes haue yeelded fruite already â—ere as high as a steeple of ordinary height Bayly Truly it is pitty it were not enioyned to men of abilitie and land to do it But I thinke men imagine there will be timber enough to the end of the world 36 Whether hath any of you any Deedes Euidences Court-rolles Rentals Sute-rolles Custome-rols Bookes of Suruey Accompts or any other escripts or miniments touching or concerning this MaÌ„nor If you haue any such produce them at this Court for the Lords vse and seruice or if you know any that haue any such deliuer their names that the Lord may procure them to shew the same 37 Who hath the adâ—ouson nomination presentation and gift of the Parsonage Vicarage or Free-chappell whereunto this Mannor belongeth or whether is it an impropriation belonging to the Lord of this Mannor who is incumbent of the Parsonage or Vicarage or who hath the impropriation in vse and what is it woorth by yeere Some haue taken and set downe a Parsonage or Vicarage to be parcell of a Mannor but I take it otherwise for a matter of spirituall or ecclesiasticall function cannot be parcell of a secular liuing But a Mannor as touching the tythe may belong to an ecclesiasticall charge neither do I thinke that an impropriation though it belong vnto the Lord yet is it not parcell of his Mannor because that ab origine euen from the fâ—râ—t institutioÌ„ it was dedicated to a spirituall office And although the profites were afterwards disposed to a secular person yet are not the profites parcell of the Mannor 38 Who is the Lords Baylie what is his name what yeerely fee hath he whether hath he a patent for life or is at the Lords will and who is Steward of the Lords Courts what is his fee whether doth hee hold it by patent or at will who is also keeper of the lords parke warrener or woodward what other officers are there within or belonging to this Mannor and what are their fees Sundry Mannors haue sundry officers some of the Lords
sufficient to come into a Mannor and to call the tenants and to cause them to shew their euidences and to enter them and so to giue the Lord a booke of the estates end thinke they haue done a great worke Which is as much as if a Caterer should prouide meate and the Cook to send it to the table raw for his Lord to eate The Caterers office doth as much towards the Lords diet as the bare knowledge of the estates of a Mannor doth towards the performing of an absolute Suruey Yet is the Caterers office a good inducement and without this prouision the Cooke can do nothing without the knowledge of the estates a Surueyors trauail is to little purpose Bayly Yet you will enter euery mans particular lands againe will you not notwithstanding the entring of their Euidences Sur. It must be so after the view had and made of all the Mannor Bayly What else require you at my hands to be dâ—ne then at this time for I perceiue you haue giuen the Iurie their charge and limited them a day to bring in their verdict and you haue séene and entred all the Déeds Copies and Leases of the tâ—nants which haue appeared What will you now do in the meane time Sur. I must now command you the Lords Baily to appoint me some sufficient â—enants to accompany me in the perambulation and description of the Mannor Bayly What will you make a plot of the Mannor Sur. It is very expedient and necessary for many causes which I shewed you in our first conference Bayly Will you do it by instrument Sur. Yea. Bayly Then you néed the lesse helpe for you will vse no chaine Sur. I will and it behooueth to vse the chaine notwithstanding the instrument Bayly I haue heard some of your profession say they could plot out a Mannor and neuer vse line or chaine with the instrument Sur. A Painter can by his art delineate the proportion of any creature without vsing perspectiue glasse or a compasse euen by the eye and serious obseruation so may a man hauing the true vse of any topographicall instrument by rules geometricall describe a Mannor in a kind of forme without line or chaine or other measure But if he will say he doth or that he can truly delineate a Mannor with all the members as euery street high-way lane riuer hedge ditch close and field in forme with true curnings angles lengths and bredths so that by the plot which he so maketh a stranger by scale compasse may truly find the quantities of the particulars I will then say he is rara auis he is to be admired because I must needes speake as I find that it is a matter both vnnecessary and vnprofitable vnnecessary because it is as if a man should build a house without pinne or nayle by ingenuous excellent geometricall conclusions to magnifie the art when with more certainty it may be done by the ordinary ayd of pinns and nailes and it is vnprofitable because it will require a tenne-fold time more then the ordinary course of the instrument and chayne And yet when curiosity hath done all that it can in this behalfe he shall find though the conclusions be true the worke false Bayly Then I perceiue there be some vainglorious of your profession for I haue seene one come into a field set his instrument in the middle or in some part thereof and hath taken vpon him immediatly to say the content is thus much Sur. He that so assumeth vnto himselfe admiration may be more admired for his presumption then for his truth in performance for a peece of ground cannot lie in any such form as he with an instrumeÌ„t at one station can find the quantity though he may aime at it at two stationâ— but a peece of land may so lie as he shall erre let him â—ake as many stations as he can and yet hee must measure betweene his first two stations at the least and toile himselfe and his companions more then if he went the true course of art and reason Baylie What you meane by stations I am not acquainted but I hold the plainest way the truest way in all conclusions if art and reason bee not against them and sith the chaine I perceiue is necessary to bee vsed with the instrument I will prouide you helpe both for your aid in that behalfe and for your information hoping that you will not bee against me to view your manner of working and if I doe aske you a question now and then for my better satisfaction you will not be curious in aduising Sur. I will not only not be curious but I will gladly impart my poore skill vnto you if you be willing I will bestowe demonstration if you will afford attention and practise Baylie What call you this instrument Sur. Some call it the plaine table Baylie Is there no other instrument vsed in plotting of ground Sur. Yes according as men of skill doe fansie Baylie But which doe you approoue most for as there be diuers so men diuersely affect them Sur. Affection is often blind and it may mislead a man but reason seldome or neuer and therefore he that can maintain the credite of that he affecteth by reason I hold that a fit instrument for his vse there are but two principall instruments fit indeede for the plotting of grounds and that is this that hath the name of a plaine table and the Theodelite which sometimes I vse Baylie But I haue seene many and diuers formes of instruments and are they all comprehended vnder these two names Sur. No they haue sundry names but they are all grounded vpon like principles as a man may make sundry kinds of clockes one differing in a kind of forme from other and call them by diuers names yet they are all found vpon one ground and as euery clocke bringeth foorth like effects as to strike and to distinguish times So these instrumeÌ„ts though they differ in forme and name yet they produce like effects if they tend to this part of Geometry which is most principally called planimetry namely the measuring of the length and bredth of any thing as of a Mannor and of all sorts and formes of grounds Baylie But I haue heard of an instrument called a Circumferentor which some do vse about this businesse Sur. It is true it is a new name giuen to the very Theodelite vsed in a sort otherwise then the Theodelite but not contrarie For as the working vpon the Theodelite is performed by reducing the needle alwayes vpon the point North as it is marked in the boxe the Index turning to the degree and pointing out of the line of opposition So the Circumferentor hauing his Index fixed pointeth to the opposite and the needle falleth at aduenture vpon some degree marked in the boxe And the difference is onely in the protraction for where the one protracteth the worke by the degrees
12 34  4 ½ 3 4 12 35  4 ½ 1 2 12 36  4 ¼ 3 2 12 37  4 ¼ 1 3 12 38  4 3 5 12 39  4 1 8 12 40  4  Bredth  Length of an Acre Perches broade  Perches long and their parts Feete their parts 41  3 ¾ 2 7 12 42  3 ¾ 1 â…“ 43  3 ½ 3 â— 12 44  3 ½ 2 ¼ 45  3 ½ 11 12 46  3 ¼ 3 7 12 47  3 ¼ 2 ½ 48  3 ¼ 1 â…“ 49  3 ¼ ¼ 50  3 3 1 6 51  3 2 ¼ 52  3 1 ¼ 53  3 â…“ 54  2 ¾ 3 3 12 55  2 ¾ 2 â— 12 56  2 ¾ 1 9 12 57  2 â— 4 11 12 58  2 â— 4 1 6 59  2 ½ 3 5 12 60  2 ½ 2 â…” Bredth  Length of an Acrâ— Perches broade  Perches long and their parts Feete their parts 61  2 ½ 2 1 6 62  2 ½ 1 â…“ 63  2 ½ 2 3 64  2 ½  65  2 ¼ 3 5 12 66  2 ¼ 2 1â— 15 67  2 ¼ 2 ¼ 68  2 ¼ 1 2 3 69  2 ¼ 1 1 6 70  2 ¼ 7 12 71  2 ¼ 1 12 72  2 3 â…” 7â— Â 2 3 ¼ 74  2 2 â…” 75  2 2 2 6 76  2 1 â…” 77  2 1 â…“ 78  2 11 12 79  2 â…“ 80  2  Sur. The vse of this Table is onely to bee required when a man is suddenly to set foorth an acre of land lymited in length or bredth how far it shall extend As for example There is a peece of land containing many acres and there are to be set out of this 1 2 3.4 or more acres First the length must be considered If the length be 77. perches finde that in the first Collum of the Table and right against it you shall finde the bredth to be two perches 1. foot 4. inches which maketh an acre Bay But where you say I shall finde the length in the first Collum of the Table it is in the head of the Collum noted for the bredth Sur. It is so in deed for that Collum may bee reputed to containe both the length and bredth Bay How can that be Sur. Vntill the bredth do exceed the length it may be saide the Collum of bredth But when the bredth surmounteth the length the length may be said the bredth Bay I vnderstand you reason will obserue that without serious instruction But this Table I see extendeth but to the length and bredth of one acre if a man bee occasioned to lay out more he is as farre to seeke as if he had no Table at all Sur. Not so for if you obserue it you are to double treble or quadreble the length or bredth as you haue occasion As for example If you would lay out 3. Acres and admit your length be 48. perches which to make one Acre is to haue in bredth 3. perches and a quarter 1. foote and foure inches which three perches ¼ 1. foote and â…“ being taken three times make nine perches ¾ and foure foote And thus of length and bredth how many Acres so euer are to be set out Bay I see in déed this Table may serue by due obseruation for the laying out of any quantitie But now Sir there is one thing which wil breed some difficulty for the difference of the quantities of Acres is great in diuers Countries by the custome of the Countryes for by the custome of some Countryes their measure is 24. foote to the Pole in some 20. in some 18. and yet the statute alloweth onely 16 ½ foote Sur. You say truely Yet when a Surueyor vndertaketh to lay out the land in any of these he is to measure it by the standard chaine that is by the chaine of 16 ½ foote Bay But the Country people peraduenture will be obstinate will haue the custome measure because they will haue the content of their land seeme the lesse and so shall they rent their ground the more easily hauing it by the greater measure Sur. That is but a conceit that they shal haue it the cheaper for admit that an acre were as big as the Cornish acre neere 140. statute Acres will any man thinke a Lord or his officers so simple as to grant the same because it hath but the name of an acre as he would let the statute Acre It is nothing to the Lord what measure they take for he must will apportion the price according to the quantity and qualitie bee the Acre great or little Bay But woods are alwayes measured with the Pole of 18. foote Sur. It is as the Buyer and Seller agreeth for there is no such matter decreed by any statute neither is any bound of necessitie Bay Why is it then in vse 〈…〉 Sur. I take it 〈…〉 they are they that are thus measured for 〈◊〉 they haue in many places sundry void places gâ—lles wherein groweth little or no wood or very thin And to supply these defects the buyer claymeth this supply by measure Bay The difference is but a foote and ½ in a pole which is nothing Sur. Yes it is some thing for in euery 5 ½ Acre it gayneth aboue an Acre Bay So might I haue béene deceiued For truely I did not thinke it had gotten so much But I pray whence is the word Acre deriued Sur. As I take it from the Latine word Actus A deede a dayes worke of a plowe in tilling the ground Bay It may be so For a plow will ayre an Acre a day Sur. We reade in 1. Sam. 14.14 that halfe an Acre of land was as much as 2. oxen could plow And that is it which the Burgundians others in France doe call Iournaux which I take is as much as Ingerum in Latine which containeth as much as two Oxen or Horse can till in a day in length 240. foote and in bredth 120. which seemeth neere to agree with our Acre Bay We haue 4. or 5. horses or 2 or 3. yoke of Oxen to till an Acre a day where the former Ingerum hath but 2. But the French haue another kinde of Acre which they call an Arpent which amongst them differeth in quantity as ours doe differ in seuerall kindes of Poles And their Arpent is 100. Pole howsoeuer the Poles do differ One Pole they haue which containeth 22. foote and that is called The Kings Arpent and vsed most in measuring of 〈◊〉 another of 20 foote another of 19 â…“ foote another of 18. foote So that in dâ—â—de their Arpent doth little differ in his seuerall quantitie from our Acre Sur. I obserue one thing by the way because you speake of the Kings Arpent in France and other measures there I haue seene in ancient
Records and bookes of Suruey of great antiquitie which doe shewe that the Lords demeisnes were measured with a Pole of 20. foote which was called maior mensura the customary by a Pole called mensura minor which I take to bee but 16 8 2 foote though in some places the Tenants claime the 18. foote Pole Bay Then let me aske you another question You shall shortly come into a Mannor of my Land-lords where the Copyes doe speake of an Acre ware or warr which I neuer could finde or heare what it truely meant nor what quantity it containeth But the Tenants make good vse in their conceites of the name for vnder that title they will carry away 2.3.6.10 Acres though they lie in 20. parcels it is all but an Acre warr and yet I haue séene some vnder that title not 3. Roodes of ordinary measure Howe comes it to passe thinke you Sur. To speake truely I cannot precisely tell you for I haue seene the like especially in Suff. Norff. and Essex But as I coniecture it is a measured acre as an Acre by warrant Acre warre an approued Acre and the true sence being lost by time they make it like a finger of waxe to drawe it more or lesse as will best serue their purpose Bay I haue also séene Land vnder the name of Molland and I haue heard much disputation about the etimon of the word Some holde it to be de Mollendo of custome grinding at the Lords mill Some otherwise and leaue it vncertaine Sur. There is no difficultie in it for Molland is vp-land or high ground and the contrary is Fenland low grouÌ„d a matter ordinary where they vse to distinguish betweene these two kindes But we will leaue these ambiguous words and so take my leaue and betake me to my taske Bay Sir I will not be troublesome vnto you onely when you haue cast vp your particulars and finished your businesse of this Suruey I wil bee bold to trouble you againe to sée what euery man holdeth and the value both of the customary leased lands and the Lords demaynes May I be so bold Sur. It is a thing which I seldome consent vnto for I must tell you this he is no true Surueyor for the Lord that will make the same knowne to strangers I haue vndertaken the busines for the Lord not for strangers And as he putteth me in trust so will I bee secret in these things therefore I pray you in this pardon me Bay You shewe me reason and I was too rash But by your leaue how shall the Iurie giue their allowance to your doings as you say you will acquaint them with them vnlesse you deliuer euery particular playnly Sur. You must thinke there are some things which may be publique as the names of grounds the owners their estates buts bouÌ„ds such like their answers to the Articles And some things priuate to be concealed as the quantities and supposed yeerely values These are for the Lord. Bay I thought I should haue seene the whole method of your collections and obseruations to the end that seeing I haue waded thus farre into the Art I might be somewhat instructed how to haue marshialed and ingrossed my Booke when such a worke were done Sur. Euery man in that case may vse his owne method yet if you bee desirous to see an exact course in that kinde I must referre you to the most commendable worke of Master Valentine Leigh whom in that if you imitate you shal tread the right way to the marke Bay Then I shall onely remaâ—â—â— thankefull vnto you for your patience and puynâ—â— and bee studious euermore to doe you any seruice Sur. I thanke you I haue a desire to haue some communication with you when I haue past ouer this little worke in hand Bay Willingly Sir I will giue my diligent attendance But I pray you Sir in what especially do you purpose to conferre wiâ—h me to pose me I feare whether I haue forgotten that you taught me Sur. Not so but you being Bayly of this Mannor about which I haue as you see taken a serious perambulation haue not as I perswade me bene so carefull prouident for the Lords profit as you may for there bee diuers grounds which good and industrious husbandry would be much bettered as I will tell you further at our next leasurable meeting For this time fare you well The end of the fourth Booke The Surueyors Dialogue shewing the different natures of grounds how they may be imployed how they may be bettered reformed and amended The fifth Booke Bai. I Perceiue Sir you are now at some leasure you are walking abroad to take the ayre after your long and tedious sitting I thinke indéed you are wearie Sur. I am somewhat wearie but a man that vndertaketh a businesse must apply it and not be wearie or at least not to seeme to be so Bai. But me thinkes you apply it too hard you might sometimes ease you and giue your selfe to some game for recreation Sur. They that are idle may take their pleasures in gaming but such as are called to liue by their labors and haue a delight therin as all men ought take pleasure and thinke it a pleasing sport to get meanes by their lawfull labors to liue Bai. You say truth indéed for the old Prouerbe is Dulcis labor cum lucro But I pray you whither walke you Sur. Into this next peece of ground Bai. Nay it is an ill ground to walke in for it is full of bogges a very moorish plot ouercome with wéedes and indeed is of no vse Sur. I therefore go to see it and worthily to attach you the Lords Baily of remisnesse negligent looking vnto the Lords profit suffering such a peece of ground as this to lye idle and waste and to foster nothing but bogges Sedges Flagges Rushes and such superfluous and noysome weedes where if it were duly drained and carefully husbanded it would make good meddow in short time Bayly I thinke that impossible for there be many such plots you see in this leuell and in many mens occupations and some of them thinke themselues good husbands I can tell you and they sée that it is a matter of difficulty and charge and therfore they thinke and so do I that it is to no purpose to begin to amend it Sur. I thinke they haue more land then they or you haue experience how to conuert to best vse they their owne and you your Lords Bayly If you be so skilfull I pray tell me for the Lords profite how it may be amended Sur. If you be ignorant how to amend it and simply desire to learne it were a fault in me to conceale from you the meanes how to do it But if you be carelesse or wilfull it were good to leaue you in your ignorance and to informe the Lord of your vnfitnesse that a more skilfull might take the place Bayly
that no cattle can féed in it Sur. The Alder tree is enemy to all grounds where it growes for the root thereof is of that nature that it draweth to it so much moisture to nourish it selfe as the ground neere it is good for no other vse Baily Do you thinke this ground would be good if the trées were gone Sur. Yes for commonly the ground is good enough of it selfe onely it is impaired by this kind of wooe and therefore if the cause were taken away the effect would die Bayly Then will I cause them to be stocked vp Sur. Nay first it behooueth you to consider whether it be expedient or not for although this tree be not friendly to pasture meddow or arable land yet it yeelds her due commodity too without whose ayde in some places where other wood is scant men can hardly husband their lands without this For of it they make many necessary implements of husbandrie as Ladders Rayles Hop poles Plow-stuffe and Handles for many tooles besides fiering Bayly If it be so commodious it is not onely not good to stocke them but expedient to cherish them and where none are to plant Sur. There is great difference betweene necessitie and the super abundance of euery necessarie For want is a great commander inforceth oftentimes and in many places they desire and search for that which will in the time of plentie meerely neglecteth And therefore where none of this kind of wood groweth the place destitute of other meanes and fit for this kind of commoditie wil may be forced to giue place to occasion as in other things Bayly I haue heard that this kind of wood is also good to make the foundations of buildings in riuers fennes and standing waters as also piles for many purposes in moorish and wet grounds Sur. It is true this kind of wood is of greater continuance in watry places then any other timber for it is obserued that in these places it seldome or neuer rots Bayly It loued the water and moisture well in growing and therefore it brooketh it the better being laid in it But I thinke the Firre-tree is much or the same nature for I haue seene infinite many of thâ—m taken out of â—he earth in a moorish ground in Shropshire betweene the Lordships of Oâ—westry and Elsemere which as is supposed haue lien in the moist earth euer since the Floud and being daâ—ly taken vp the people make walking-staues pikes of them firme and strong and vse the chips in stead of candles in poore houses so fat is the wood to this day and the smell also strong and swéet Sur. I know the place well where I saw pales made of an Oke taken out of the same ground of the same continuance firme and strong blacke as Ibony and might haue fitly bene employed to better vses and I take it that most wood will last long vnder the earth where it neuer taketh the open ayre But the wood now most in vse for the purposes abouesaid is Alder and Elme Bayly May a man sow the séedes of the Alder Sur. It beareth a kind of seed yet some haue affirmed the contrarie But the seeds will hardly grow by art though by nature they may The branches of the tree and the rootes are aptest to grow if they be set so as the water moisture may be aboue the plant for it delighteth only in the moistest grounds Is not this next close the Lords called Broad-meddow Bayly It is for I perceiue you haue a good memory being but once and to long since vpon the ground Sur. It is most necessary for a Surueyor to remeÌ„ber what he hath obserued and to consider well the natures and qualities of all kinds of grounds and to informe the Lord of the meanes how to better his estate by lawfull meanes especially in bettering his own demeisnes So shall he the lesse need to surcharge his tenants by vncharitable exactions And forasmuch as of all other grounds none are of their own nature so profitable and lesse chargeable as meddow grounds which are alwaies readie to benefite the owner summer and winter they especially are to be regarded Bail That is true indéede and peraduenture it takeâ— the name of the readinesse for we call it in Latine Pratum as if it were semper paratum either with the fleeze for â—ay or with the pasture to féede and this meddow wherein now we are is the best meddow that I know and I thinke for swéetnesse and burden there is not a better in England Sur. You do well to aduance the credite of the Lords land and you speake I thinke as you conceiue because you are not acquainted with the meddowes vpon Dâ—ue-banke in Tan Deane vpon Seauern-side Allermore the Lords meddow in Crediton and the meddowes about the Welch-poole and many other places too tedious to recite now Bai. These he like are made so good by art but naturally I thinke this may match the best of them Sur. Indeed meddowes very meane by nature may be made excellent by charge but they will decay vnlesse they be alwaies releeued But these that I speake of require little or no helpe at the owners hand onely the ayde of these riuers ouerflowing do feed them fat giues great burden and very sweet Bayly These yearely ouerflowings of fat waters after flouds no doubt are very beneficiall as appeareth by the annale and yearely ouerflowing of the riuer Nilus in Egypt which maketh the adiacent grounds so fat and fruitfull as they be famous through the world for their fertility and was allotted to Iosephs brethren in Egypt Sur. You speake of a matter wonderfull in the conceits of some that the riuer should so ouerflow in the summer and yet it neuer raines in those parts at any time of the yeare Bai. So I haue heard indeede and that the flouds grow in the heate of the yeere about haruest betwéene Iulie and September with the snowe melting that falls in the winter time among the Mountaines Sur. We haue in England matter more strange as the riuer neere Chichester in Sussex called the Lauent which in the winter is drie and in the driest Summer fâ—ll to her banckes So is the Leam a riuer in Barkeshire neere Leambourn Baily That is strange indéede one studious in naturall Philosophie could tell the cause of this Sur. I take it to bee because they are only fed with springs which runne only when springs are at the highest And that also is the reason why many bournes breake out of the earth in sundry places as we may reade it hath done somtimes neere Mergaâ—e in Hartfordshire corruptly called Market and neere Croydon in Surrie neere Patcham in Sussex and in many other places in this Realme which breaketh foorth suddenly out of the driest hills in Summer Bay Because you speake of Angleton I can assure you there is a Well that sometimes yeldeth
the scale Quick conceitâ— soone forget The names of all particulars are to be set downe Confâ—â—ing Mannors are to be noted How to take a distance They that informe must know what they say Raw reports without knowledge are vnfit to be recorded Houses are called after the names of Tenants To number trees A Surueyor should seeke to know the number of timber trees Difference betweene timber trees and vnderwood The place to be coÌ„sidered To note speciall places of profit A good Water-Mill an ornament to a Mannor Not good for a Lord to alâ—â—n his Custome-Mill Humor and Necessitie two Emperors opposite Cottages on the waste Thâ— Iury must subscribe their verdict The parts of an acre Peeces of equall sides may make vnequall quantities How to cast â—p a triangle Base perpendicular quid Base and perpendicular questions The base multâ—plied by the perpendicular Triangles surest measuring A circular forme Measuring hilles and valleyes Irregular formes must be measured by regular parts Many rules of casting vp contents Benese a Canon Randolph Agas Valentine Lea. M. Digges Countrey land measurers will cast by memory Casting by the parts of money All Schollers haue not best memoryes Admirable memories of some great persons Some would forget and cannot The vse of the former Tables How to finde the quantity when the number of perches exceede any table in the booke How to lay out many acres by the former Table Perches dyuers in diuers Countreys A Cornish Acre The great or small measure all one to the Lords â—ood measure Why woods are measured with the 18 foote pole Great difference betweene the 18. and 16 ½ pole Whence an Acre taketh name An Arpent or French Acre The kings Arpent Maior minor mensura Molland Molland and Fenland contrary A Surueyor must be secret for his Lord. M. Leas booke of Surueying Labour that lawfully gets is a game of delight Al men may learne Ignorance enemy to art Cold ground breedes weedes Bridges ouer draines The Fennes Captaine Louell M. William Englebert The Alder treee enemy to al grounds The Aldâ—r necessary for many purposes Necessity a coÌ„mander Alder good to make piles Firre tree lien in the ground since the floud Alder hath no seede Meddowes Pratum quasi semper paratuÌ„ Best meddowes in England Riuers ouerflowing good Nilus in Egypt Ios. 3.15 The Lauent and the Leame Bournes Water smelling like violets Leuis putredo Sence deceiued Boggie grounds helps by ouerflowing Two sorts of meddowes Vpland meddowes haue but the name Hard to distinguish grounds Meddow of different natures Clay ground Helpes intended sometimes hinder Bringing of street water into grounds profitable How water doth good to meddowes Water â—ow it may be hurtfull to grounds Mils of too high a pitch pen the water How to amend weakned meddow Gauly places in meddows Clauer gras To till meddow grounds Meddow ground burned Meddow most beneficiall Land like the bodie To plant Willowes Setting of Willowes Ozier hope Ozier brooketh no shadow All grounds good for some vse Peaze vpon the beach grow naturally Pewets and Oliues c. Hoppes Carret roots Many waste grounds might yeeld profite Hempe Mustard-seed Flaxe Apple trees Syder Perry Kent Men vntaught know little Many follow old husbandrie Oke Ash and Elme Oke much decayeth 35. Hen. 8. Gentlemen sell their woods too fast A Surueyor must counsel frugalitie Affection Simple men do manage mens busines through flatterie All men ought to preserue timber 35. Hen. 8.1 Eliz. The Statute abused Want of Wood and Timber feared Holmes dale Thirty yeres haue consumed much wood and timber Glasse houses Great woods wasted Woods destroyed for cornes sake 140. Iron workes in Sussex Wasting of woods in Sussex good for the common wealth Mens manners of their place of breed Diuine grace shapes new minds Complexion neuer a true argument of good or euill men The benefit that Sussex findeth by decay of woods Fewell of constrainâ— Middlesex stocking The vse of firing necessarie A commoditie present should not depriue future times of a better DepopulatioÌ„ dangerous Fish ponds Fish ponds many in Sussex and Surrie Fishmongers buy pond fish far off Ponds necessary for Mills Ambitious building ridiculous A house with necessaries commendable Horace Ferne. Theophrastus lib. 8. Manuring what is ment by it Ferne destroied by ferne The vse of ferne in diuers places Bushy ground The cause of mosse The earth not manurde what becomes Great Brittaine sometimes a desert Cilchester Verolamium Wild beasts in Brittaine Colidonian beare and bore Former ages had more art and industry then ours The earth not in the beginning as 〈…〉 Lands formerly arable now wood Mosse Oates in clay Barly in sand A mutuall agreement betweene graines and grounds Marle pits Grounds well manured greatest intrest Ill ground made good Sea sand a good soyle in Cornewall DeuoÌ„shiring Limestones Pibble and beach good to make lime Difficulties pretended where is no will Moore earth Murgion Mawme Meddowes cut and caried into dry grounds London soile Difference of stable and stall dung Tandeane the Paradice of England A prouident master Good husbandry in the West The manner of husbaÌ„dry in the VVest Great yeelding of wheate The Sheepefold Sheepes treading good for corne Grounds long in grazing The cause why grounds will not graze in long time Thistles how to kill them Thistle the nature The rootes of vegitable things like the liuer in the body Rushes Flagges Heath Saltnes hot and drie Hather Ling. Heath diuers kinds Heathy ground vnprofitable How to find the natures of the heathie grounds The earth commanded to deny vt fruite without labor All kinds of grounds haue their helpe Furse Whynns Dwarfe furses French Fâ—ures Quick set hedges of Furse Fences of Turffes and Stones Hay boot what it is Hedge boote and hay boot the differeÌ„ce Dead hedges deuoure How to make a quick-set hedge Time of quick setting How to make a grouet Seuerall trees and the grounds the like Gorse Broome Furse Broome Brakes their nature How to kill Furse Broome and Brakes All hidden benefits must be sought for Ignorance and Idlenes enemies to thrift None should be idle Ps. 107.34 Psal. 72.26 Iob. 9.24.8.21.7 Psal. 37.22 Psal. 1.3