commaunded the children of Israel that euery Tribe should choose out three men that he might send them thorow the land of Canaan to view suruey and to describe it for so is the word Yee shall describe the land into seuen parts and bring them hither to mee And what description could they make without viewing and surueying the places Farm It is true that you say such a view was taken at that time that euery Tribe might haue his portion of inheritance And surely in these Surueyors was much trust reposed by Ioshua the chiefe head of those children of Israel for according to their report did Ioshua diuide to euery Tribe his portion This surely was a works of great discretion and iudgement in the Surueyors and great prouidence in Ioshua for indéede he could not trauaile in all those parts himselfe and therefore he did wisely to appoynt such as were fit to performe the seruice and it makes me remember your former defence of the profession in travailing for great persons who can not affoord time nor paynes to view their owne lands themselues And it is not euery mans gift to be able to diuide lands into equall or certaine vnequall parts that men that are partyes therein may hold them equally trait withall vnlesse it be such a one as hath skill in diuiding and opportionating which thing comes often in vse among men in this 〈…〉 Sur. If you had time and experience to looke into and to vnderstand what hath bin done concerning this matter long ago you should find in the records of the Tower euen before the Conquest matter to satisfie you that this profession was then in vse and there shall you finde the fruites And since the Conquest the booke called Dowes day lying in the Exchecker will confirme you I thinke sufficiently that it is not as you say a new inuencion Beside the same arte hath been in summe and substance established by act of Parliament called Extenta Manerii vpon which Statute that learned Iudge Master Fitz herbert hath written a little commodious and compendious Treatise so that if you stand vpon any further authorityes I will leaue you to the present general vse thereof which men of best discretion and greatest reuenues doe hold and continue and none spâ—râ—ie against it but the malicious or ignoraÌ„t Farm I confesse I was lately ignorant of the things which now in part I know but I was neuer malicious as for the records and Statute whereunto you referre me I beléeue you without fâ—rther search and for my owne part I am sory that ouer I haue so with others backbitten the profession and slandered the honest professors thereof for I now do well see and plainely vnderstand that the same iâ— lawfull and expedient and not any way hurtfull vnto y e Tenants if the Surueyor be skilfull honest and his information giuen by his assistants which 〈…〉 â—e true and his help of the Lords 〈…〉 ready for these are the two pillers vpon which a Surueyor must of force build his worke information and record as I take it although record be alwayes preferred before verball intelligence ye if records be neuer so autentique and true of things vnknowne to him that hath the examination of them what can be effected or done but as by a blind man that knows his face is to his way but how where to step he is vncertaine and although he desire none to beare him because his legs are sound yet he will not refuse to be led by the hand the way he would goe So a Surueyor in my poore opinion y t hath a bundle nay a whole trunck full of records of seuerall tenements and parcels of laÌ„â—â— whose names he can reade whose buts bouÌ„ds he can relate but yet he sees not the way of himselfe to go to theÌ„ or can say without direction This is it and therfore I know that Tenants must giue ayd to a Surueyor or else he will fayle in his arte much Sur. You haue said well and it appeareth your apprehension is good in this businesse and in deed the ayd of the Tenants is a good help in this case especially when records are also present for if record and their informatioÌ„ concurre then is the Suruey or in the right way But many times if the Surueyor can not help the TenaÌ„ts by his records wheÌ„ they are at fault he shall hardly finde which way his game goes for a skilfull Suruey or carying his record in his haÌ„d in his perambulation of a Mannor shal after the first entry be able to guide himselfe and go froÌ„ place to place from field to field euen by his owne euidence if they be truly made and the buts and bounds right especially at the names continue vnalâ—â—ed and that the Tenants can 〈◊〉 it as he citeth it and nothing then â—s required to be altred but the names of owners who change often And for this businesse the fittest meÌ„ to accompany the Suruey or abroad are the most auncient and longest inhabitants within the Mannor for the Surueyors instruction and the yongest to the end they may also learne to know the like to giue like ayd by their experience to posterities Farm Me thinks it were a good course if I be not too sawcy that a Surueyor should after his perambulation made and the particulars entred publikely reade the same before the Tenants in open Court to the end that they may approue or reprooue what is true or mistaken for the best may erre in setting downe of many things Sur. I like your aduice well and surely he that doth not so and compare it also with former records doth not as behooueth But I know and haue found by tryall that Tenants thinke it a hard imposition once in their life time to attend such a businesse they had rather do any worke then to do their Lord seruice and themselues this good for many of them are so wise in their own conceits as they thinke theÌ„ fooles that giue any assistance vnto this worke and some so wilfull that if they knew that they and theirs should be for euer benefited by it they will stand aloofe and any small occasion of their owne will easily withdraw them from it and some againe are so worldly that they thinke no day well spent but that is spent vpoÌ„ their present profit and lastly some are so giuen to their vaine delights as neither loue of their Lord or feare of forfeiture of their tenements or doing good to their neighbors or securing their posterity can get any duty in this behalfe to be done by them Farm As farre as I conceiue the Lord of a Mannor may force his Tenants at such a time to giue their attendance else you may well thinke not a few would finds excuses ynow to absent themselues Sur. You say well and therefore hath the Lawe prouided a punishment for those that will not doe their duties in this
and Qualities of Land with the present Rents and estimate values by a reasonable improouement which duly found to haue a due regard to proportion yeerely distributions and expendings with the annuall Incoms in such sort as alwayes the present yeere may rather adde vnto the next then the next to bee charged with the yeere past For when the present yeere shall expend more then the Reuenues of the same may beare the yeere following cannot but be surcharged and so will it surcharge the future so long that either he shall be forced to strike the topsayle of his improuident wasting in time or at length through the furious blasts of excessiue prodigalitie be blown vnder the water of disability by ouerswelling the sayles of his vainglory I speake not this in the way of attachment but of preuention And so I trust all men will take it and accept of my poore indeuour in this kind considering that necessary it is that al meÌ„ should know what it is to haue reuenewes namely first to know them then to vse theÌ„ to their own aduancement and to the good of others And because it is not the worke of the Honorable of such as haue high serious common-wealth imploiments to bee personal actors of their owne affaires in this kind they are to vse the seruice of such as are fit in knowledge and iust in dealing to trauel in this kind of busines by whose faithfull and sincere informations they may know what is iust and right to be done and demanded And in al fauour and clemencie to deale with such as are in this manner within the compasse of their commands and by whom and by whose labours they maintaine their greatnes for no doubt there is none but well considereth that how great or powerful soeuer he be in laÌ„d reuenues it is brought in vnto him by the labours of inferiour tenants yea the King consisteth by the field that is tilled And there is none of these inferiours of ordinary discretion but well knoweth that what hee inioyeth is by the fauour of his Lord in a sort And therefore ought there to bee such a mutuall concurrence of loue and obedience in the one and of ayd and protection in the other as no hard measure offered by the superiour should make a iust breach of the loyaltie of the inferiour which kind of vnion is no waies better preserued and continued between the Lord and tenants then by the Lords true knowledge of the particulars that euery tenant holdeth a fauorable course in fines and rents and by the tenants loue and thankfulnes in al readie seruice and dutie towards the Lord. And to that end it is no doubt expedient that Lords of tenants haue due regard of their owne estates namely of the particulars of all their tenants landes and that by a due true and exact view and suruey of the same to the end the Lord be not abused nor the tenants wronged grieued by false informations which coÌ„monly grow by priuat Inteligencers neuer by iust Surueyors And because the office of a Surueior duly waid is an office both necessary expedient of trust It behoueth him to be first honestly and vprightly minded and next skilfull and iudicious in the facultie Then can he not but by industrie and diligence produce an exact discouerie and performance of the worke he vndertaketh to the true information of the Lord whose benefite and vttermost lawfull profite he is to seeke in a good conscience disswading him yet from distastefull Auarice the greatest blemish that can befall a man seeking true reputation and renowne by his reuenues For too much seueritie afflicteth the hearts of poore Tenants who by common experience are found to be more firmely knit in the band of true dutie loyall affection and readie seruice vnto their Lords by their Lords frugalitie sweetened sometimes with the chearefull drops of true liberalitie then by the extreames of austeritie vaine prodigalitie or compulsiue exactions And yet not so as Lords of Tenants should be so ouerswayed with abused lenitie or carelesse looking into their owne as may breed contempt in Tenants but rather that they should keepe such an eeuen and equall hand ouer their Tenants as may continue mutuall loue and in them a louing feare And not to seeke the increase of reuenues so much for vaine glories as for vertues maintenance Which will appeare by doing good to deseruers by their vertuous life A worke of true vertue when contrarily vaineglorie seeketh idle and vaine reputation by vniustly atchieuing and either prodigally consuming or too miserably increasing Reuenewes which I must leaue to euerie mans owne fancie wishing all to fashion their waies in this kind to Gods glory the Kings seruice the good of the Common-wealth and to other such ends for which God hath giuen them greatest earthly blessings recoÌ„mending vnto you this simple rude lumpe of which if some more skilfull will bestow the re-licking bring it to his true shape my selfe with many others should thankfully imbrace it In the meane time friendly accept it and in kindnes afford sparing reproofe Eccles. 7.13 Wisedome is good with an inheritance Yours I. N. The Printer to the friendly Reader THe Author â—ot being present at the examination of the proofes sundry faults haue escaped by mistaking the copie which faults the Author sâ—nce for the most part hath reformed and if you find any not corrected I pray with patience beare it and vse the meanes to reforme it I pray the Reader to correct these faults committed in Printing in absence of the Author vz. Page 5. line 20. for vnder read ouer pa. 7. li. 27. for farme read same p. 8. l. 15. for rudely read readily ibid. l. 32. for estimate read extenuate p. 9. l. 31. for there read their p. 12. l. 3. for Surueyors read Surueyes p. 14. l. 4. for corruption read compasse p. 45. l. 27. for Mannors read mannor p. 53. l. 21. for sine read sine p. 58. l. 9. for seruice read fee. p. 62. l. 34. for promise read prouiso p. 119. l. 19. for former read forme p. 88. l. 2. for leaser read leasee p. 76. l. 16. for person read purses p. 74. l. 32. for our read one p. 44. l. 28. for can read ran page 39. line 21. for affirmeth read assumeth The Author to his Booke LOoke ere thou light into the hands of some Some lay but traps to catch thee in disgrace Disgrace thou none be silent where thou come Yet thou shalt come where Momus is in place Place thee with those whose hearts aright do see And seeing iudge in fauour faults that be Faults be in thee who sayes he doth not erre Erres in conceit that he alone is free And such not free will sure thy faults transferre And for one fault transferre them ten in thee Not thee in this but me they discommend That I abroad do thee so basely send Base I thee send excuse me what thou can If
I haue seene and obserued among them a kind of madnes as I may call it but in the best sence it is a kind of ambitious or rather auaricious emulation wherein they striue one to outstrip another in giuing most as where my selfe haue had businesse of this nature namely of letting setting or selling of land for yeeres or liues being or neere being determined in farmes or other like whereby the Lord hath bin at liberty to dispose therof at his will for best aduantage by choice of a new tenant Proclamation to that effect hath bin made in opeÌ„ court where I haue seene and it is dayly in vse that one wil outbid another as at an outcry in London in so much as I haue wondred at their emulation and could not haue asked what they haue raysed it vnto themselues And should any that is in authority in this case who in duty is not to hinder the Lord or the Lord himselfe inhibit such hot spirits to clyme as high for the Lords aduantage as the ladder of their owne will and supposed ability will reach This is not as one Swallow in a Summer but they are many and euery where Winter and Summer and yet are other meÌ„ accused and condemned for theÌ„ and their faults if there will be a fault in itselfe but I should thinke it greater madnes for a Lord wilfully to refuse what is so voluntarily offered and so willingly by giuen Now who is the cause of raysing rents and fines Farm I know such rash ouer forward meÌ„ there are in the world not a 〈…〉 eâ—ery Mannor who are especially priched forward to this reuelation through enuy and a 〈◊〉 hauing meanâ—â— to atchieue their desires But this bidding and out-bidding is in things wherein the Lord iâ— at his libertie to take a tenant whom holist But in 〈◊〉 tenemâ—nts of inheritâ—nce the case is otherwise where the rent is and the fiâ—e for the most part certainâ— what needes the Lord haue this surueyd or any free-hold lands Sur. It is fit the Lord should know what hiâ— tenant holde to be it free or customary though at this day there be a needlesse nicenesse in some free-holders of Mannors who seeme to conceale their estates and to kick against the view of their lands but if they knew what they did they would reforme that error Farm Call it you an error for a free-holder to refuse to shew his estate to the Lord or not to suffer his land to be surueyd Sur. I may well so call it nay I may call it a great fault or an iniury done against the Lord and hurtfull to himselfe There is none it may be you know it that holdeth of any Lord land but he holdeth the same by some kind of rent or seruice and when he comes to take vp his land after the death of his auncester or vpon purchace but he doth or ought to do homage and fealty or one of them vnto the Lord of whom he holds it the doing whereof how ceremonious it is if you be a Tenant to any such land you know and wherein he maketh a solemne vow and oth to be true Tenant vnto the Lord for the land he holdeth And someâ—â—mes the Tenant of such a Tenure is forced to be ayded by his Lord for the same land if he be impleaded for it now if such a Tenant refuse to shew his estate or to permit his land to 〈◊〉 seeâ—◠〈…〉 to â—e true Tenant and to 〈…〉 are due vnto the Lord among which this of permitting the Lord to know his owne is not the least nay he â—â—ght by his oth of fidelity to further it by all meanes both by his proper knowledge and eâ—idence not only his owne but other 〈◊〉 lands and thereby he shall not only not preiudice himselfe but he shall fortifie his title so much the more by hauing his euidence inrolled and his land recorded â—n the Lords booke of Suruey that when his heire shall take vp the land or he alâ—en the same it appeareth that he is true Tenant vnto such lands for such rent and for such seruices but there be so many scruples thrust into mens heads by such as haue a pretended skill in matters of policie in this kinde and Lords 〈◊〉 Mannors haue bene so remisse in taking knowledge of the things in this maner appertaining vnto them that questions of Titles and tenures are dayly had and moued to the great trouble oftentimes both of Lord and Tenant as is seene by experience dayly as well of land holdeÌ„ of the King as of inferior Lords which may be reconciled if Tenants were not too curious and Lords too negligent Besides this there are other reasons to mooue the Lord to know what land is holden of him and by what title rent and seruice for free-holders may forfeit their land and their land may escheat vnto the Lord if then he should be ignorant what land it is where it lyes and how much it is he may be easily abused for want of records and so are many Lords of Mannors who for want of due knowledge of their tenants and of their land tenures other men are intitled to their right Far. You haue said more then I heard or dreamed of and it holdeth in some sort by reason how it is by law I cannot dispute but in all y t you haue said you haue not satisfied me in the thing before I spake of touching the 〈…〉 which as I said before 〈…〉 â—igâ—er then in former times â—y your 〈◊〉 Sur. You strike alwayes one string and I find the â—ound of your meaning you would always 〈◊〉 easily charged in your â—iâ—es as might bed and in that I blame you not 〈…〉 mans case to beare as light a burden as he can But if you remember what I spake before touching the cause of this raysing of fines where I prooued it came most by your owne meane you may be the sooner satisfied in this for it is in nature like the former Although this kind of Tenant hath seldom any competitor to emulate his offer because the Tenant leaueth coÌ„monly one either in right of inheritance or by surrender to succeed him and heâ—by custome of the Mannor is to be accepted Tenant alwayes prouided he must agree with the Lord if the custome of the Mannor hold not the fine certaine as in few it doth now this composition is commonly made by demaund of the Lord and offer of the Tenant The Lord asketh according to his conceit of the value of the thing and eyther his knowledge must arise by his owne experience or by information the information is eyther by secret intelligence of same officious neighbour or by due iudgement of an indifferent Surueyour 〈◊〉 such a one as carieth equall respects to Lord and Tenant And although as you alledge former times did affoord Tenants more fauour in rating and arbitrating fines as you suppose if you consider it well it is now as
or in any thing that the Lord hath to do within his Mannor for ordering of his Tenants And because Tenants should not be forgetfull of their duties they were in former times and may be still summoned to the Lords Court euery three weekes And the Lords remissnes in calling them hath bred in many places a kind of contempt whereby groweth their slacknes in times of their Lords seruice But the Lord of a Mannor hath power to punish them and they are remedilesse without submission if the paine be within the compasse that the Court will beare which is large ynough to weary him that is most arrogant Farm You haue satisfied mée in many things whereof I doubted you haue cleared the profession it selfe of many slanders and for my part I will henceforth speake more sparingly and aduise such as I heare too forward to be better aduised And were I perswaded fully that I my selfe might be a Surueyor yet retayne a good conscience I should wish I were also capeable of the same faculty Sur. And if I were perswaded that you would giue an indifferent care and afford an impartiall censure of what I would deliuer vnto you I could be contented to bestow some time to shew you what were fit to be done to the attayning vnto such a measure of knowledge in the same as might inable you to steed your selfe and your friends in that kind of office Farm I would thinke it well if I could attaine but to some part of this faculty I would leaue the rest to better capacities but my desire is farre from it I may not be 〈◊〉 that the practice is lawfull for I would deale with nothing wherein I might stand fearefull that God alloweth it not Sur. I like you well I wish him that you seeme to feare to fauour all your honest desires and name and that his blessing may follow euery our good indeuors for whosoeuer vndertaketh any profession be it neuer so lawfull or expedient and necessary for Church or Common-wealth and hath not the grace and fauour of God to guide him he may for a time seeme to prosper in it and to flourish and ruffle it out with showes of great blessednes but it is but like Iozahs Gourd that grew vp in one night very great and fayre but withered the next day Farm That I thanke God I haue learned and to tell you truly for my part I had rather liue in a meane estate in my calling frée from bribery extortion and wrong seruing God then to get infinite wealth thereby yea although not the world but mine owne conscience can reprooue me for it for I sée such riches continue not many generations neither hath it a promise of any blessing although I know that they that can so rise and flourish and braue it out are the men best accompted of for they are held wise and politike and to haue skill in their profession wheâ—eas others that beare not the minde to deale corruptly can not keepe way with them in show and thereby are condemned to be â—mpâ—e fellowes and their honest caâ—â—age and 〈◊〉 â—â—â—ate in the world maketh their 〈◊〉 to performe what they vndertake suspicious 〈…〉 Sur. You are in the right way of a good conscience which is a continuall feast such a feast and of such sweetnes as the world can not see or vnderstand the same but happy is hee whose conscience accuseth him not for howsoeuer men may seeme to set a good face on euill actions as if hee could not accuse himselfe 〈◊〉 his due examination of his owne heart yet it will come no passe that his conscience will one day bewray it to his intollerable terror and hee shall bee forced to accuse iudge and condemne himselfe without any further witnesse And this I tell thee is the end of all such as feare not God and liue not vprightly and iustly in theyr callings for it is not the calling it selfe that corrupteth the man but the man may be corrupted in his calling and abuse his best profession therefore I say see that thou finde thine inclination apt vnto this profession and in thy desire thou tremble not to attempt the same for some professions are more naturall then others to euery man and all mysteries and sciences whatsoeuer are attayned by some with greater facility and ease then by others and some by small industry study and endeuour shall attayne quickly to that perfection in some faculty wherein another shall neuer excell liue hee neuer so long and bee hee neuer so studious and paynefull Farm I finde mine inclination in conceit pliable vnto this course of life how it will succeede must bee seene by practice but that is the least doubt all my feare is whether I may do it and yet 〈◊〉 God Sur. Know this that if thou be already of a godly conuersation hauing the true feare of God sealed vp as it were in thine heart and dost not desire this profession as Simon the Magician did for lucres sake diuine knowledge thou mayst assure thee this profession will not hurt thee although the workeman is worthy of his hyre for none will force thy labour for nought dulciâ— labor cum lucre If men did not get by their honest paines it were meere slauery to vndertake any kind of faculty But to come to the lawfulnes of it know that it is the manner of the execution and not the matter of the profession that woundeth the conscience Euery man is not borne nor bound to one faculty or trade neither consisteth the common wealth of one member but of many and euery one a seuerall office too long to expresse them all in kinde Is not the eye surueyor for the whole body outward and the heart the searcher within And hath not euery common wealth ouerseers of like nature which importeth as much as Surueyors And is not euery Mannor a little common wealth whereof the Tenants are the members the Land the bulke and the Lord the head And doth it not follow that this head should haue an ouerseeâ— or Surueyor of the state and gouernment of the whole body And followes it of necessity that the office is vnlawfull An vniust officer maketh not the office vniust no more then a crabbed face impaireth the faire glasse wherein it looketh or a dusky cloud corrupt faire water whereon it lowreth In case of Suruey of Land against which you haue so much inueighed if you consider it in reason and make it your owne case you will say perchance The case is altred You haue now peraduenture a small Farme will you be carelesse and dissolute of the estate thereof will you not wey and consider with your selfe what Land is fit for Pasture what for Arable what for Meddow and the like and will you not command your seruaÌ„t to view it dayly that no trespasses be done therein and to see vnto the hedges ditches fences water-courses gates and
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
and if by age or impotencie the Tenant be disabled in person to performe his seruice to craue dispensation or to do it by another and if the Lord be farre off and can not be present to substitute one to receiue it for him But Sir in all your discourse I haue obserued you haue pleaded as it were for the Lord against the Tenants exacting sundry dutyes from them to their Lords but I haue not heard you speake much against the Lords in fauour of the Tenants and yet I know there is a kind of reciprocall bond of duty each to the other and may be broken of either side Sur. It is very true for as children are bound to their parents by the bond of obedience so are the parents bound to the children by the bond of education and as seruants are bound to their masters in the bond of true seruice so are the masters bound to their seruants in the bond of reward In like maner Tenants being bound vnto their Lords in the bond of duty so are Lords bound vnto their Tenants in the bond of loue and though I haue sayd little at this time of the duty of Lords to their Tenants the occasion hath not bin offered at this time Farm I trust you haue sayd enough concerning the duty of Tenants for they can but pay rent and do seruice more can not be exacted Sur. Yet rent and seruices are diuers and diuersly answered and done which I could be content to shew you more at large but that yonder comes a Gentleman that will interrupt vs know you what he is Far. I will tell you by and by as he comes néere Oh Sir it is my Landlord a man of great possessions Lord of many Mannors and owner of diuers Farmes who hath béen inquisitiue for a man of your profession but to tell you truly I altogether disswaded him before this time but now hauing heard your reasons I will solicit him for your imployment and I would wish you might vndertake first the Mannor wherein I dwell Sur. At his disposition and pleasure be it and so for this time I leaue you The end of the first Booke The Surueyors Dialogue betweene the Lord of a Mannor and a Surueyor wherein is intreated of the state of a Mannor of the parts and profits thereunto belonging and how the Lord of a Mannor ought to deale with his Tenants The second Booke Lord. FRiend of late I met with a Tenant of mine who told me you are a Surueyor of Land Surueyor I haue beene and am sometimes imployd in that kind of seruice Lord. I haue at this time some occasion to vse the ayd of one of your faculty and I haue heard by my Tenant that your skill and diligence may satisfie my desire therein Surueyor I shall do mine endeuour wherein you please to commaund me Lord. There bée many I know that beaâ—e the name of Surueyors but when they are put to it they come far short of some principall poynts required in the absolute performance of the worke and eyther leaue it halfe done or so shuffle it vp as the Lord is abused and the Tenants wronged by the blind and vncertaine returnes of the Surueyors trauailes for a Lord of a Mannor knoweth not but by such as he vseth therein the estate of things and how the particulars stand betwéene the Lord and his Tenants If the Lord of the Mannor haue neuer so good a mind to deale well with his Tenants and the Tenants be neuer so inclinable to do true duty to their Lord they may be both misled by an vnskilfull Surueyor to the vniust condemnation or suspition of both And therefore I thinke it behoueth men of worth that haue vse of such as you are to be well assured of the skill and ability which you pretend to haue in your profession and because I haue no further experience of you then the bare report of my Tenant I must intreate you to discourse vnto me a little of your knowledge of such particulars as are to be considered in the absolute suruey of a Mannor Surueyor Sir you seeme to oppose me farre and the thing you demaund will require a longer time and a larger discourse then either my leysure or peraduenture my present memory of euery particular will readily permit And it may be that you that pretend little knowledge in the arte may apprehend both the truth of the thing and an error committed in the performance as well as he that assumeth the title of a Surueyor although neither your leysure nor your quality may in reason permit you the trauaile in it for I know many Gentlemen of good woorth that haue the speculatiue parts of the whole and the practick of the deepest and yet they will not be seene to tread that path that a Surueyor is forced to do in the whole businesse You haue the matter and subiect whereon a Surueyor worketh and without which a Surueyor loseth both arte and name and therefore you cannot be altogether ignorant of the things required in the businesse as the Master of a feast can not dresse the dainties but the Cooke yet can the Master reproue the Cooke if he do not his duty therein Lord. Thou sayst true in thy comparison but for my part although 〈◊〉 I haue Land and I know how many Mannors I haue their names and where they lye and the most of my Tenants and theyr rents and if you should erre in these it may be I might be able to reprooue you yet for matters of farther search I assume not to be skilfull foâ— then I néeded not yoâ—r seruice as of quantities qualities values validities of estates tenures customes and other things incident to a Mannor which are not in all Mannors alike the true discouery whereof belongeth to the Surueyors offâ—ce yet none but such as are truly skilfull can sufficiently discharge the duty héerein required and therefore by your leaue you shall briefly I will not be tedious relate vnto me what you can say of the defâ—nition of a Mannor whereof it consisteth how when and by whom it was erected with other such things as shall be expedient for the Lord of a Mannor to know the particulars whereof I will leaue to your relatâ—on and first tell me What a Mannor is Suruey Sith you will needs diue into my poore skill by your opposall and sith indeed I do in some measure professe the arte wherein I thinke no man is or hath bene so exquisit but hee might erre in some poynt or part much or little as in other artes yet to answere your demaunds I will as briefly as I can satisfye your desire And first where you demaund what a Mannor is A Mannor in substance is of Lands Wood Meddow Pasture and Arable It is compounded of demesnes and seruices of long continuance As touching the beginning of a Mannor and the institution thereof the beginning of Mannors was when the
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
debitiet de iure consuet And because some of you doe not perchance vnderstand the meaning of the words thus they signifie that you are to hold your Tenements to you and your heires c. For such rent and doing such seruices as haue beene heeretofore due of right accustomed Is not this a condition for if you pay not the rent or denie the seruice you are at the Lords mercy to be compelled I doe not thinke therefore that any of you of any discretion will aduenture the losse of his intrest for not performing a seruice at his Lords commaund that tendeth also to his owne benefite and to no preiudice at all The end therefore of all mine admonition is to mooue you being a thing of common right to shewe your selues like vnto your selues true and faithfull Tenants vnto the Lord concurring all in one minde to doe the Lord this seruice in loue and the Lord no doubt will recompence it with like fauour although there be no recompence due for that which dutie bindeth to be done By this meanes you shal confirme your owne strengths by gaining retaining the Lords kind countenāce and he againe shall bee the more fortified by your true affections towards him for what a ioyfull thing is it for Lord and Tenant to dwell together in vnitie Now hauing thus prepared you to attention vnto the matters of your charge I will heere reade explaine vnto you such Articles as shall be for your instruction and leaue them with you in writing for your better memorie for I know and haue often found that a bare deliuerie of many words and of diuers things as in the charges commonly giuen in Courts Baron and leet◠euen to cares well prepared may be little effectuall lesse to him that heareth and regardeth not but least of all to him that will not heare at all Such hearers there are of diuine things but many more of humane of this kind but were they matters of carnall pleasure delight they would be both heard and practised And therfore I the more moue you to attend vnto the things which I now am to deliuer vnto you The substance of the charge of a Court of Suruey contained in the Articles following 1 First as no doubt you all know that A. B. Knight the reputed Lord of this Mannor is the true vndoubted owner of the same and of all the lands meddowes pastures and other hereditaments within and belonging to the same And that you and euery of you do hold your lands belonging vnto this Mannor of him if not who hath the interest and right of the same to your knowledges 2 You shall duly and diligently set downe or shew vnto the Surueyor in his perambulation of the Mannor all the circuit buttes bounds and limits of the same and vpon what and whose Mānors Lordships lands and parishes it bordereth on all partes And whether any confining Lord or his tenants do any where intrude or incroche vpon this Mannor where it is by whom how much is so incroched As for the bounding of the Mannor it is fittest to be deliuered vnto the Surueyor when he treades the circuit that the best experienced tenants accompany him for information and some of the youth that they may learne to know the bounds in times to come 3 Whether there be any other Mannor or Mānors lying within the limits or circuit or extending in part into this Mannor what are the names of the Manners and who are owners of them how they are distinguished from this Mannor And whether this Mannor do any way extend into or lye within any other Mannor It is often seene that one Mannor lyeth within another and intermixed one with another in such sort as the true circuits buttes and bounds become confounded necessarie therefore it is that their distinctions should be carefully obserued and recorded for oftentimes one is deuoured or otherwise iniured by the other when Lords are remisse and Tenants carelesse to bring that to certainty which is or may become doubtfull 4 What Freeholders there are within or doe belong vnto and hold their land of this Mannor what are their names what land hold they what rent pay they by what tenure doe they hold and what seruices owe they to the Lord The negligence of Lords in the due continuance of the substance of this Article hath bred preiudice to many for where Freeholders dwell out of the Mannors whereof they hold and pay vnto their Lords but a small acknowledgement as a rose a pepper corne a Ielsoflower or some such trifle or are to doe some seruice at times whereof in manie yeeres hath beene no vse they haue not beene looked for neither haue their sutes beene continued for long time insomuch as they and their tenures haue growne out of memorie and their seruices out of vse and other Lords haue intitled themselues to the land and the right Lord lost all possibilities of estate wards marriage c. As cōmon experience maketh more plaine by the daily questions and sutes which rise when profits apparent may growe by any of the former casualties And therfore it is most necessary to haue alwaies a true sute roll whereby the Steward should euery Court call the Freesuters by name to expresse what rent he should pay and what seruices he ought to do that at the death of euery suter his heire with the land rent and seruices would be inserted in his steade The profit that will hereby grow vnto the Lord and tenants is manifest and this roll is to be made by the Surueyor and to be indented the one for the Lord the other for the tenants vpō view of euery Freeholders land 5 Whether you know that any Free-holder within or belonging to this Mannor hath committed any felonie or treason and hath bene thereof conuicted the Lord not yet hauing the benefit of the forfeiture or whether hath any such tenant died without heire generall or speciall If so who hath the present vse and possession of the land and by what right what land is it where lyeth it how much in quantitie and of what value It is a great defect in the Suruey of a Mannor which remaineth to posterities being inrolled or ingrossed for perpetuall memorie when the Suruey or doth superficially passe ouer the obseruation of the lands of euery Free-holder their tenures quantitie of land the place where it lyeth the rent and seruices For vpon sundrie necessary occasions the Lord is to seeke in euery of these and some are worthie because they loue not to be at charge to find out and continue that which is not presently profitable 6 Whether doth any Bastard hold any land belonging to this Mannor as heire vnto any what is his name what land is it and where lyeth it and what is it yearely worth A Bastard though he be knowne to be the son of that father that leaueth him
and cleared Although it be the part of the Iurie to yeeld their opinions in this case yet it behooueth the Surueyor to haue so much iudgement in euery of these points as hee may be able to satisfie himselfe and his Lord by sufficient reasons lest hee be deceiued and the Lord abused either through ignorance or parciality And aboue all it behooueth the Surueyor to looke into the nature of the soile of the wood for there are some wood grounds that are good for no other vse as a drie or cold grauelly ground whose vertue and disposition may be easely obserued by the herbage 13 Also you must present the names of all customarie Tenants within or belonging vnto the Mannor what mesuages Tenements or lands they hold what euery mesuage or Tenement is called what rent it payeth and what profit ariseth to the Lord by the death of any such customarie Tenant or by the death of any freeholder by fine heriot or reliefe by the cuâ—tome of the Mannor CoÌ„monly these customary tenants vpon death alienatioÌ„ do pay a fine which in som places is certain in some euen in the most they are at the Lords will and in most places they are also heriotable Bayly In this maner there be some customary tenants heriotable and some not how comes that can there be two custoâ—â— in one Mannor Sur. There may be so And the reason may grow by the escheating of a Mannor that had in this point a contrary custome to the Mannor to which it was escheated and annexed and so the customes of either may hold vnder one Court Bayly Your reason in good and I take it it may also be that these that pay no heriots are tenements of a newer erection so vpon their first grants the heriots were omitted Sur. That is not so likely for that if any such new erections were they were granted in such forme as other tenements with these words HabinduÌ„ c. ad voluntatem Dom. secundum consuet Manerii which words do imply all duties seruices which the most ancient tenements are bound vnto There is also a copy-hold estate called ancient demeisne the tenaÌ„ts Sâ—kemains wherof some are of frank-tenemeÌ„t some of base tenure Tenants of Base tenure are they that hold by verge at the will of the Lord the Franktenement therof is in the Lord. It is to be noted that Copy-hold lands are very ancient before the Conquest in the Saxons time who called this kind of land Folkland and their Charter lands were called Bokeland 14 How doth the Customary land of this Mannor by your custome descend after the death of an Auncestor to the younger or elder sonne And whether will the custome of the Mannor allow an intaile by copie and whether doth it beare widowes estate or whether may she haue it during her life though she marry and whether may a man hold by the curtesie Sundrie differences there are in sundrie Mannors touching the substance of this Article The custome of some Mannors is that the youngest sonne shall inherite as in Burrough English if he haue not a sonne his yongest Brother as at Edmunton in Middlesex The custome of some Mannors is that al the sonnes and all the daughters shall inherite alike as in Gauelkind at Islington neere London The custome of some Mannors is that if the tenant die seized of fiue acres or vnder then the yongest sonne shall inherite but if aboue then all the sonnes shall inherite as in Gauelkind 〈◊〉 The custome of some Mannor is that neither the wife shall haue dowre neither the husband hold by Curtesie And the custome of some other Mannor is that shee shall haue the third part of the rent as at Bushie in Middlesex and no part of the land in dowre In some Mannors the wife being a virgin at the time of her mariage shall haue all the Copy-hold land for her franckbanck wherof her husband died seized And many such 15 Whether are there any customariâ— tenements that are heriotable dismembred and diuided into parcels to the weakening of the tenement and who be they that haue these heriotable parcels what quantitie hath euery of them Although there be no immediate profite can accrue vnto the Lord by the presentmeÌ„t of the substance of this Article yet it behoueth the Lord to know who be the tenants to any part of the land belonging to an heriotable tenement because euery part continueth heriotable and draweth vnto the Lord the best goods of the tenemeâ—â— of such land deceasing though the land in regard whereof he payeth it be but an acre and he haue elsewhere free or copie that maintaineth horsâ— or other cattle of great value the Lord may seize the best for his heriot 16 Whether are not the Fines for admittances of a new customarie tenant being heire or coÌ„ming in by purchase or vpon Surrender at the will of the Lord or are the Fines alwaies certaine This is an Article whereat some close-hearted tenants will seem to stagger being the nature of all men to fauour themselues and their posterities and â—o worke so as they will if it be possible make the Fines certaine by looking back 〈◊〉 past wherin they haue found by old Râ—cords stand by report of tenants before that the fines haue bene certaine and so they may be in some places though in few at this day And it may be former times did affoord such fauor vntill land became of more value but of late yeeres that course hath bene broken and Fines become arbitrable Wherein I wish that Lords and their ministers would vse a meane in exacting 17 How and by what meanes may a customary tenant forfeit his Copy-hold tenement whether for felling of timber trees plowing vp ley grounds or meddowes neuer tilled before or for suffering his houses to decay or for pulling downe any houses or for committing any other wilfull waste or deuising his customarie tenement or lands for longer terme then the custome of the Mannor will beare Or for committing any other act contrarie to the custome of the Mannor And whether hath any tenant of the Mannor offended in any of the former things who it is and wherein is any such offence committed Diuers Acts there be whereby a tenant in one Mannor may forfeit his Coppy-hold tenement which Act is no forfeiture in another Mannor For Customes are very different in diuers Mannors for in some MaÌ„nors a man may cut downe wood and timber trees vpon his Coppy-hold land sell them at his pleasure which in some mannors is a forfeiture Some Mannors do allow the customary tenants of the same to let their land for 3. yeeres some for more without the Lords licence and in some Mannors to let the same aboue a yeere and a day is a forfeiture In some Mannors a man may let fall all his customarie houses which in some other Mannors is a forfeiture In some Mannors a man may
Fulling-milles and where those are not yet there may be vse of Corne-milles and such like And in some places the force of water-courses is vsed to raise water out of one place into another where the naturall current denyeth the comming and mounting thereof with infinite other deuices according to the situation of the place and necessitie of the thing required Which although they be not all Mils to grind corne yet may they bring profit to the Lord which is the thing the Surueyor should couet not onely to obserue what is alreadie but must haue also some iudgement to erect some if the water-course will conueniently affoord the same To the Corne-mils which are custome milles doth belong a kind of duty from the tenants that is that they are bound to grind their corne at the Lords mill and that kind of custome is called Socome Bayly Must a customary tenant of a Mannor where such a mill is be forced to grind al the corne he spendeth in his house at the Lords mill Sur. Of necessitie if it grow vpon the Mannor or else the Lord may amerce him for his default Bayly What if he be forced to buy it in the market Sur. Surely then it is a question whether he be bound to grind it there or not But I take it he is at his liberty to grind it where he will euen where he finds himself best serued For there is bond-Socome that is where the tenant is bound by custome and lone-Socome where he grindeth of free-will Bayly We that are tenants would be glad if you could tell vs what toll our Miller may take for we are much abused in it as we thinke because we be bound by custome we cannot conueniently leaue the mill and yet we find no remedy of the millers abuses Sur. As touching Tâ—ll which word commeth of the verbe tâ—llâ— to take away as it seemeth there are so many differences by grants made by Lords of Mannors that the certaintie in generall can hardly be declared Some Millers take a twentith some foure and twentith part tenants at wil shuld pay a sixteenth part and a bond tenant a twelfth part and some are toll-free But howsoeuer the toll be feare not the Miller will be no loser And for his abuses you haue your remedie in the Lords Court or at the common law 26 Whether hath the Lord of the Mannor any peculiar fishing within any riuer brook mere stagne pond or other water where and how far doth it extend and what is it yeerely woorth and who be Farmers thereunto what common fishings are therein and waters within the Mannor and how is the same vsed As this Article is little needfull to be propounded in Mannors where no riuers or sufficient waters are for fishing so is it very necessarie to be examined where such waters are For it is daily obserued that many abuses are committed against the Lord himselfe by such has vsurpe his peculiar fishing and against the Common-wealth in destroying fish as appeareth by the punishment ordained against ofâ—endors therein 25. He. 8. cap. 7. and 31. Hen. 8. cap. 2. Therefore it behooueth the Surueyor to be more carefull in seeking the meane how to raise a profite vnto the Lord by his fishing then to find the present abuses which are inquirable and punishable at euery Leete although if any apparant offendors be found he is to aduertise the Lord for reformation but it is no part of the matter inquirable and to be inrolled in his booke of the Suâ—uey For nothing is therein to be inserted but matter of perpetuitie in recommending the present state of the Mannor vnto posterities and for the Lords immediate vse And therefore besides the ordinarie fishing in smal land riuers brookes and ponds there must be also remembred what profite may arise by fishing in the sea if the mannor be nere it or any creek thereof in oysters muscles cockles crabs creuishes and such like 27 Whether hath the Lord of the Mannor any Fowling within this Mannor by meanes of any moores marshes waters brookes reedes or such like as of Ducke Mallard Widgine Teale Wild-geese Busterd Plouers Bitters Swans or such like foule or any woods wherein do breed any Herinshoes Shoutlers Storke or such like or any Pibble Peach or Sea-bank wherin breed sea-Pyes Oliues Pewets or such who taketh the profit of them and what are they woorth by yeere These kinds of commodities are not in euery Mannor and therefore as in all other things it behooueth the Suruey or to consider of these particulars and giue no more vnto the Iurie to be inquired of then he either knoweth to be inquirable or likely by examination to be found in the Mannor he intendeth to suruey 8 Whether hath not the Lord of this Mannor time out of mind had and receiued all waiues estrayes felons goods treasure found within the MaÌ„nor and such like profits and whether hath he bene answered of them from time to time truly or not and who is the officer that doth ouersee and take notice of the same to the Lords vse Although these kind of profites may redound vnto the Lord by prescription yet most commonly they are confirmed by charter and therefore the Lords euidences together with the vse must be examined 29 Whether are there within this Mannor any Tin-mines Lead-mines Copper-mines Cole-mines Quarryes of stone of Marble Free-stones Mil-stones Lime-stones Grinding-stones Marle or Chalke-pâ—ti 〈◊〉 or moorish earth fit for soyling of land or any Potters claâ— clay for Bricke or Tile or any Fullers earth or any sand or grauel-pits or such kind of commoditieâ— and what is euery such kind woorth to the Lord or may be made woorth by yeere These are casualties and seldome or neuer at all happen in any Mannor and few Mannors but haue some or one of them 30 Whether hath the Lord of the MaÌ„nor any Turffâ— Peates Heath Broome Furzâ— or Flagge which are or may be yeerely sold within the Mannor what may they yeeld the Lord by yeere These things are not in euery country much lesse in euery Mannor for I think Essex can affoord little of them vnlesse it be of Turffes and Peates if they were sought in some low grounds in some creeke of the sea Northumberland Westmerland and those wild fields yeeld store of peates and turffes so doth Yorkshire some and other places many Bayly What meane you by Turffes and Peates are they not heath Turffs you meane Sur. There are heath-Turffes which are also meant in this Article but the Turffe and Peate is of another kind for they are taken in bogges and such rotten grounds as cattle cannot feed vpon And those that are first cut vp are called Turffes of the vpper part and such as are taken downward are called Peates Bayly How meane you downward Sur. Vnder the first cut for you may cut a speares length deepe in some places in the summer time and that kind of earth
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