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A08310 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. Norden, John, 1548-1625? 1607 (1607) STC 18639; ESTC S113314 151,126 260

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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 fun●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 ●uch an he●●e a ward it is more proper to say he is in ward or as the Law●er sayes a ward Sur. I take it as y●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 ●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 E●●nage vncertaine grand seri●●●tie or some other like seruice and was called seruici●m mi●●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 Mānors 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. Ma●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 inco●uenienc●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 pres●n● 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 institu●ions he must be Idoneus fit for the place Lord. But lye th●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 i● any carnall consideration mooued him to the partie he standeth not cleare before God into whose steade he intrudeth himselfe after