more stronger ground the white Wheate and gray Ball as they call it in the West parts is best And in some more hot and sandie grounds Rye as men shall by experience find the land to like the graine and the graine it For there is a naturall affinitie or enmitie betweene graines and grounds as between stomacks and meates And therefore the husbandmans experience will best guide him But I do not a little wonder of men in this age whom whether I may rather accuse of idlenesse or ignorance I cannot tell for where I haâ—â— trauelled in sundry parts of England I haue in many of them found many old drie pits anciently digged in fields Commons Moores and other grounds many of them bearing still the names of Marâ—e-pits and by search haue bin found to yeeld very excellent Marle first found and digged by the prouidence and industrie of our forefathers and left by the negligence of later times Bayly But by your fauor fat Marle me thinks is not good for this kind of ground because it is a strong â—lay it is better I take it for a hot and sandie soyle and a hot chalke better for this Sur. It is very true that obseruation should not haue bin forgotten but it is well remembred of you Bai. We haue indéed a kind of plodding and common course of husbandry hereabouts a kind of péeuâ—sh imitation of the most who as wise men note are the worst husbands who onely try what the earth will do of it selfe and séeke not to helpe it with such meanes as nature hath prouided whereas if men were careful and industrious they shuld find that the earth would yéeld in recompence for a good husbands trauell and charge Centum pro cento without corrupt vsurie Sur. I am glad you can now approue it so in reason for I think experience doth not yet so fully teach you I haue knowne where land hath bene very base and barren and so continued many generations as ground in manner forsaken and forlorne abandoned of the plow which after hath come into the hands of a discreet and industrious husband that knew how and would take the paines and bestow the cost to manure it in kind hath much enriched himselfe by it and where before it would not beare a crop of requitefull increase by marling and good vsage hath borne crop after crop 12.16 or 20. yeares without intermission The benefit of marling Lancashire Chesshire Shropshire Somerset Middlesex Sussex Surrey among many other places can witnesse though not all by one kind of soyling and marling For neither is all kind of Marle in one place neither any one kind in all places But few places are so defectiue but it yeeldeth of it self or is neere vnto some place of helpe And men that will haue profite must vse the means they must not sit and giue aime and wish and repine at others increase There must be obseruation to marke how others thriue inclination and imitation to do the like indeuor charge And if one experiment faile trye a second a third and many looke into places and persons note the qualities of the land of other men and conferre it with thine owne and where there is a resemblance marke what the best husband doth vpon his land like vnto thine if it prosper practise it and follow the example of him that is commonly reported a thriftie husband And by this meanes will experience grow of one principle of reason many conclusions will proceed If a man looke into Cornewall there shall he find that in diuers places especially vpon the North coast about Paâ—â—sâ—ow that the inhabitant Farmers do soile their lands with sea sand which because the country affoordeth not in al places passe for cart-cariage men fetch this kind of sand 3.4.6 miles in sackes on horsebacke And poore men liue 〈◊〉 â—etching and selling it to the more wealthie In 〈◊〉 and Somerset and in some places of Cornewall Sussex and in the South part of Surrey besides their other commendable courses of husbandrie they burne their land and call it in the West parts Burning of beate and in the South-East parts Deuonshiring and by that meanes in barren earth haue excellent Rye and in abundance In Shropshire Deâ—highshirâ— Flintshire and now lately in some part of Sussex the industrious people are at a more extraordinarie charge and toyle For the poore husbandmeÌ„ and Farmers do buy digge and fetch limestones 2.3.4 miles off and in their fields build Lime kilnes burne it and cast it on their fields to their great aduantage which kind of lime is of the nature of hot chalke great helpes to cold and moist grounds Bai. But this kind of stone is not to be had in all places Sur. That kind or some other is to be found in or nere most places and there is no kind of stone but being burned will worke the like effect So will also especially the beach or pibble stones burned that frequent the sea shore in many places as vpon the Camber shore neere Rye and at East-bourne in Sussex neere Pâ—msey about Folkestone and vpon the coast of Kent vpon Orford nesse and about Albâ—row Hoseley and that coast in Suffolke and sundry other places vpon the sea shore In some places in so great aboundance as if there were wood in competent measure would make good great store of lime for building Bay It is farre to fetch it for I do not thinke but euery land fetched 5. miles is worth 5 shillings the cariage and foure pence at the pit this is very chargeable Sur. Yet it quiteth the cost well enough he that is able doth find at profitable But you are in the mind of some that I haue heard when they haue bin mooued to entertaine a helpe for their land either it is too deale or too farre to fetch or too deepe in the earth or some difficultie they pretend in it that few vndertake the right way to good husbandrie like vnto them that Salomon speaketh of that in winter will hold his lazie hands in his lowzie amnerie and for slouth will not looke about his land in the cold and sleepe out the time in Summer Many difficulties and impediments preuent them that will neuer be good husbaÌ„ds nor thrifty But such as mean to liue like men will shake off the cold with trauell and put by sleepe by their labor and thinke no cost too great no labor too painefull no way too farre to preserue or better their estates Such they be that search the earth for her fatnes and fetch it for fruites sake Many fetch Moore-earth or Murgion from the riuer betweene Colebrooke and Vxbridge and carry it to their barren grounds in Buckinghamshire Hartfordshire and Middlesex eight or ten miles off And the grounds whereupon this kind of soile is employed will indure tilth aboue a dozen yeres after without further supply if it be thorowly bestowed In
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
then it was Farm There you much mistake you for I will shew by auncient Court â—â—lls that the fine of that which is now twenty pound was then but thirteene shillings foure pence and yet will you say they are now as they were then Sur. Yea and I thinke I 〈…〉 in it For if you consider the state of things then and now you shall find the proportion little differing for so much are the prices of things vendible by Farmers now increased as may well be said to exceed the prices then as much as twenty pound exceedeth xiii s. iiii d. Farm You speake farre from truth and I maruell you will erre so much pretending to be a 〈◊〉 of that reach that men imploy you â—o ouer reach others Sur. To shew you then â—n instance looke into the Chronicle in the time of Henry the sixt and you shall finde that a quarter of Wheate was sold at Roystâ—n in Hartfordshire for twelue pence and I trust if you be a Farmer you are a Corne-seller and I thinke if a man offer you thirty times as much for a quarter you will say it is better worth Farm Was it possible that â—â—ane was then and there so cheape and to rise since to this raâ—â— it is very strange Sur. Not at all for since 〈◊〉 grew such emulation among Farmers that one would ouâ— bid another which in the beginning was little seene it grew at length that he that bought deare must sell deare and so grew the prices of things by degrees to this â—â—te as 〈◊〉 they be and a Farmer gets as much by his Farme noâ— aâ— then he did Far. You erre therein I assure you for else could Farmers keepe as good houses hospitality now as they did then and alas you sée how vnable they be Sur. It is true and the reason is manifest for where in those dayes Farmers and their wiues were content with meane dyeâ— and base attire and held their children to some â—â—stere gouernment without haunting Alehouses Tauerns Dice Cards vaine delites of charge the case is altred the Husbandman so publikely for Vinâ— mendibiâ—â— suspâ—â—â—sa heder a non est upos A gâ—â—d workeman néeds not stand in the stréetes Sur. I confesse in this you haue sayd truly for none that is in deede fit for imployment will or needs to craue it in such manner for they will be sought vnto and solicited But euery one that hath but a part of the arte nay if he can performe some one two or three parts is not thereby to be accounted a Surueyor as some Mechanicall men and Countrey-fellowes that can measure a peece of Land and though illiterate can accompt the quantitie by the parts of money as a peny to a 〈◊〉 a groat to a day-worke ten groats to a Roode and consequently a marke to an Acre which manner of calling sufficeth and satisfyeth them in their small accomptâ— but the maner of their measuring to 〈◊〉 erronious as I will shew you hereof 〈…〉 serue Some haue the skill of plotting out of ground and can neatly deliniate the same and by Arithmetike can cast up the contents which is a necessary point of a Suruey on office Farm Sauing your 〈…〉 we poore Country men due not thinke it good to haue our Lands plotted out and we thinks in déede it is to very 〈◊〉 all purpose for is not the Field it selfe a goodly Map for the Lord to looke vpon better then a painted paper And what is he the better to see 〈◊〉 out in colours He can adde nothing to his land nor diminishâ—utâ— and therefore that labour aboue all may be saued in mine opinion Sur. They that speake at any time againste any thing done or propounded to be done do either shew their reasons against it or else they conceale their conceits and without any good argument inueigh only against the thing And I know your meaning in misliking ploâ—â—ing of your land and yet you 〈◊〉 doo what you thinke for a plot rightly drawne by true information describeth so the likely image of a Mannor and euery branch and member of the same as the Lord sitting in his chayre may see what he hath where and how it lyeth and in whose vse and occupation euery particular is vpon the suddaine view which tenants mislike not that the thing it selfe offendeth them but that by it they are often preuented or discouered of deceitfull purposes For a tenant that is both a free-holder and a copy-holder for life or by indenture for life or yeeres holding these lands interâ—â—â—â— may easily vnlesse the land for life or yeeres be very specially butted and bounded in their copies or leases as seldome they are through the sloth of some stewards or for default of a true suruey led guide them appropriate vnto himselfe copy or leased land to a free and especially hauing time â—nough to alter names and propertiâ—â— to remooue meeres and to call downe ditches to stock vp hedges and to smothee vp truth and falshood vnder such a 〈…〉 conueniency as before 〈◊〉 be suspected 〈…〉 view it will be cleane for gotten 〈…〉 shall be able to say This is the land whereas if it be plotted out and euery parcell of free copy leased and the rest be truly distinguished no such 〈…〉 can be done against the Lord but it shall be 〈◊〉 readily reconciled And I dare presume to say that the want of due plots and descriptions of land in this forme hath bin the occasion of infinite concealements and losses of many mens land and many intrusions and inâ—roâ—hmenâ—s haue bin made and to long continued that now neither memory or record can reforme them besides infinite other abuses which are dayly done to the preiudice of Lords for want of such a monument to be always at hand for their instructioÌ„ Far. You ayme vnhappily I thinke to some mens purposes but for my part I promise you I had no such thought in me yet what you say may indéede be easily wrought in moâ—â— Mannors if they be as y t Mannor is wherein I am a Tenant for I am perswaded there hath not bin any view taken of it or perumbulation made or suruey had within the memory of any man aliue And to tell you truly I thinke the Lord hath much wrong both by his owne Tenants and by confining Lords for so the Lord haue his rent and his other duties of vs he is contented but I may tell you if he did better looke into it it would be better for himselfe and his hereafter yet we wish he would let it rest as it doth for we may do in manner what we list and if a Surueyor come we shall not do as we haue done nor hold that that some haue held long without any trouble but that I leaue Then you say that plotting is the chiefe part of a Surueyors skill Sur. I say not so but I say it is necessary for him
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
and cleared Although it be the part of the Iurie to yeeld their opinions in this case yet it behooueth the Surueyor to haue so much iudgement in euery of these points as hee may be able to satisfie himselfe and his Lord by sufficient reasons lest hee be deceiued and the Lord abused either through ignorance or parciality And aboue all it behooueth the Surueyor to looke into the nature of the soile of the wood for there are some wood grounds that are good for no other vse as a drie or cold grauelly ground whose vertue and disposition may be easely obserued by the herbage 13 Also you must present the names of all customarie Tenants within or belonging vnto the Mannor what mesuages Tenements or lands they hold what euery mesuage or Tenement is called what rent it payeth and what profit ariseth to the Lord by the death of any such customarie Tenant or by the death of any freeholder by fine heriot or reliefe by the cuâ—tome of the Mannor CoÌ„monly these customary tenants vpon death alienatioÌ„ do pay a fine which in som places is certain in some euen in the most they are at the Lords will and in most places they are also heriotable Bayly In this maner there be some customary tenants heriotable and some not how comes that can there be two custoâ—â— in one Mannor Sur. There may be so And the reason may grow by the escheating of a Mannor that had in this point a contrary custome to the Mannor to which it was escheated and annexed and so the customes of either may hold vnder one Court Bayly Your reason in good and I take it it may also be that these that pay no heriots are tenements of a newer erection so vpon their first grants the heriots were omitted Sur. That is not so likely for that if any such new erections were they were granted in such forme as other tenements with these words HabinduÌ„ c. ad voluntatem Dom. secundum consuet Manerii which words do imply all duties seruices which the most ancient tenements are bound vnto There is also a copy-hold estate called ancient demeisne the tenaÌ„ts Sâ—kemains wherof some are of frank-tenemeÌ„t some of base tenure Tenants of Base tenure are they that hold by verge at the will of the Lord the Franktenement therof is in the Lord. It is to be noted that Copy-hold lands are very ancient before the Conquest in the Saxons time who called this kind of land Folkland and their Charter lands were called Bokeland 14 How doth the Customary land of this Mannor by your custome descend after the death of an Auncestor to the younger or elder sonne And whether will the custome of the Mannor allow an intaile by copie and whether doth it beare widowes estate or whether may she haue it during her life though she marry and whether may a man hold by the curtesie Sundrie differences there are in sundrie Mannors touching the substance of this Article The custome of some Mannors is that the youngest sonne shall inherite as in Burrough English if he haue not a sonne his yongest Brother as at Edmunton in Middlesex The custome of some Mannors is that al the sonnes and all the daughters shall inherite alike as in Gauelkind at Islington neere London The custome of some Mannors is that if the tenant die seized of fiue acres or vnder then the yongest sonne shall inherite but if aboue then all the sonnes shall inherite as in Gauelkind 〈◊〉 The custome of some Mannor is that neither the wife shall haue dowre neither the husband hold by Curtesie And the custome of some other Mannor is that shee shall haue the third part of the rent as at Bushie in Middlesex and no part of the land in dowre In some Mannors the wife being a virgin at the time of her mariage shall haue all the Copy-hold land for her franckbanck wherof her husband died seized And many such 15 Whether are there any customariâ— tenements that are heriotable dismembred and diuided into parcels to the weakening of the tenement and who be they that haue these heriotable parcels what quantitie hath euery of them Although there be no immediate profite can accrue vnto the Lord by the presentmeÌ„t of the substance of this Article yet it behoueth the Lord to know who be the tenants to any part of the land belonging to an heriotable tenement because euery part continueth heriotable and draweth vnto the Lord the best goods of the tenemeâ—â— of such land deceasing though the land in regard whereof he payeth it be but an acre and he haue elsewhere free or copie that maintaineth horsâ— or other cattle of great value the Lord may seize the best for his heriot 16 Whether are not the Fines for admittances of a new customarie tenant being heire or coÌ„ming in by purchase or vpon Surrender at the will of the Lord or are the Fines alwaies certaine This is an Article whereat some close-hearted tenants will seem to stagger being the nature of all men to fauour themselues and their posterities and â—o worke so as they will if it be possible make the Fines certaine by looking back 〈◊〉 past wherin they haue found by old Râ—cords stand by report of tenants before that the fines haue bene certaine and so they may be in some places though in few at this day And it may be former times did affoord such fauor vntill land became of more value but of late yeeres that course hath bene broken and Fines become arbitrable Wherein I wish that Lords and their ministers would vse a meane in exacting 17 How and by what meanes may a customary tenant forfeit his Copy-hold tenement whether for felling of timber trees plowing vp ley grounds or meddowes neuer tilled before or for suffering his houses to decay or for pulling downe any houses or for committing any other wilfull waste or deuising his customarie tenement or lands for longer terme then the custome of the Mannor will beare Or for committing any other act contrarie to the custome of the Mannor And whether hath any tenant of the Mannor offended in any of the former things who it is and wherein is any such offence committed Diuers Acts there be whereby a tenant in one Mannor may forfeit his Coppy-hold tenement which Act is no forfeiture in another Mannor For Customes are very different in diuers Mannors for in some MaÌ„nors a man may cut downe wood and timber trees vpon his Coppy-hold land sell them at his pleasure which in some mannors is a forfeiture Some Mannors do allow the customary tenants of the same to let their land for 3. yeeres some for more without the Lords licence and in some Mannors to let the same aboue a yeere and a day is a forfeiture In some Mannors a man may let fall all his customarie houses which in some other Mannors is a forfeiture In some Mannors a man may
not plow vp or sow his Coppy-hold meddow or ley ground that hath not bene vsed to be tilled in some Mannors contrarie So that these kinds of forfeitures are according to the custome of euery Mannor 18 What are the customes of the Mannor in generall both in the behalfe of the Lord to perform or suffer to the benefit of his tenants and of the tenants to performe to the seruice of the Lord. In euery mannor there hath bene such a mutuall concurrence of ayde between the Lord and tenants as through the force of time hath bred a Custome And the Lord may exact it of his tenants by law if they deny the performaÌ„ce of the things to be done in the right of their Customarie lands And these customes are of diuers kinds diuersly to be performed Some in the course of inheriting of land some in the way of womens dowries some in the estates of land some in matters of forfeitures some in works some in rents some in fines some of the Lords beneuolence in allowing his tenants meate drinke mony c. in time of their works as these customes in seuerall Mannors seuerally are allowed And because it behoueth euery tenant to know whereunto he is bound by custome if there be no ancient Custome roll to leade them it behooueth the Surueyor to renew the same wherein he is to set downe euery tenants name his tenements lands meddowes pastures c. the rent and seruice due for euery of them and whether workes be turned into rent and to indent the same that the Lord may haue the one part and the tenants another The neglect whereof hath bred many inconueniences both to Lords and tenants 19 Whether is there within this Mannor any villaine or niefe namely any bondman or bondwoman if there be what are their names what land do they hold and keepe and what is the same yeerly woorth Although this kind of tenure be in manner worne out of vse yet some there are no doubt though conceiled in some MaÌ„nors neuer infranchized or manumized 20 Whether hath any tenant or other person within this Mannor stocked vp any hedge-rom plowed vp any Baulke or land-share remooued any Meere stone land-marke or other bound betweene the Lords demeisnes the tenants Free-hold or customary laÌ„d of inheritance or between his Free-hold and customary land or between this and another Mannor or Lordship where is any such offence committed by whom and where ought the same bound so remoued altered taken away or displaced to stand This is a necessarie Article to be duly considered because that by this meanes of remouing or taking away Meere-stones and land-markes the Lord oftentimes incurreth great preiudice for that when a Leassee of the Lords demeisnes being either a Free-holder or a customary tenant of inheritance hath land of his owne adioyning vnto the demeisnes or intermixt he take away the markes of diuision leaueth the matter doubtfull which is the Lords especially where a long lease or patent is whereby the Tenant hath time to make alteration and it is no new or strange thing to attach some by name and place that are culpable and haue yeelded to reformation being found out before their intents were fully ripe And aboue al such are most worthy to be punished for altering any such knowne markes vnder whatsoeuer pretence of ease or necessitie which is the common cloake of the mischiefe vsed most in the Kings lands where long Patents are granted 21 What customarie Cotages are there within this Lordship tostes croftes or curtelages what are the Tenants names what rent pay they and what seruices doe they It is to be vnderstood that the word Câ—tagium signifieth as much as casam a little house or a place of abode only or a little dwelling whereunto little ground belongeth but an Orchard garden or some small toft croft or Curtelage but Cotages of themselues are not ancient as I take it 22 Whether are there within this Mannor any new erected Tenements or Cotages barnes Walls sheddes Hoâ—ells Hedges Ditches or such like erected set vp or made or any Watercoarses or Ponds digged vpon any part of the Lords waste without the Lords licence where is it and by whom was it done and by whose licence and vpon what consideration The ouermuch libertie of too many newe erections breedeth sundry inconueniences not only to a Mannor and the Lord and Tenants thereof but to a whole Common-wealth and therefore not to be permitted without good consideration although it is most conuenient that the poore should haue shelter places to shroud them in if they be found honest vertuous painfull and men of abilitie to gaine their owne and their families reliefe But it is obserued in some parts where I haue trauelled where great and spacious wastes Mountaines and heathes are that many such Cotages are set vp the people giuen to little or no kind of labour liuing very hardly with Oaten bread sowre whay and Gotes milke dwelling farre from any church or chappel are as ignoraÌ„t of God or of any ciuil course of life as the very Salâ—ages amongst the Infidels in maner which is lamentable 23 What Tenants are they within this Mannor that doe hold any lands or Tenements by Indenture of lease what are their names what land hold they for what rent vnder what conditions and couenants for what termes of yeeres or liues This Article is most especially to bee obserued touching the couenants by view of the Tenants leases but the Iurie is to find the names and to present them with the land and rent 24 Whether hath or doth the Lord imploy any land to Iustment as in taking in cattle to pasture and herbage who hath the disposing of the same what quantitie of land is so disposed and how many cattle will it pasture what is a Cowe Oxe Horse or sheepe-gate woorth by the yeere or by the weeke Much land is thus vsed in Yorkshire and other places Northward very beneficially 25 Whether hath the Lord of this Mannor any customarie Water-mill Wind-mill Horse-mill Griest-mill Mault-mill Walk-mil or Fulâ—ing-mill Whether is there within this Mannor any other Mil Iron-mil Furnace or HaÌ„mer Paper-mill Sawing-mil Shere-mil or any other kind of Mill what is it woorth by yeere and in whose occupation is it Where sufficient riuers brooks stagnes ponds or water-courses are there are commonly some kinds of Mils or other profitable deuices that humane wit and inuention hath set vp for necessarie vses for the benefit of man and for the Lords profit of the Mannor where such deuices are erected And yet all kinds of deuices are not conuenient in all places as where no Lead or Tinne is there is no need of the vse of water to moue a wheele to blow the fire for the melting trying thereof yet there may be like vse for Iron oare and where neither of them is there may be vse of Walk-milles or
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
all kinds of grounds which the art or industry of man cannot preuent For many times the helpes that man vseth to assist and helpe nature doe binder it as where compost and stable soile is layd vpon a drie ground reserued for grasse if a drie yeere followe the heate of the soile and the drinesse of the yeere doe so impouerish the grasse that it yeeldeth the owner lesse increase then if he had bestowed no soile at all yet men ought not to be remisse in soiling their lands for if it preuaile not in one yeere they shall find it at another time very profitable and for all seasons I perswade men to make meanes where it may bee done to induce out of streetes lands wayes and ditches all the water that by some extraordinarie raine passeth through them into their grounds by making some little dam or barre to drawe them into to their grounds for the matter which this water bringeth with it is commonly so rich and fat as it yeeldeth a maruailous refection to all the grounds high or lowe into which it may be brought which kind of husbandry is much vsed in Somerset Deuon Cornwall to their admirable aduantage and in some other place heere and there but not so generally as in prouidence men might Bay This is a good course no doubt in places where it may be put in execution but as you say all men are not so prouident and painefull which indéede is a great fault and wherein I my selfe I confesse haue béene culpable but I will be more carefull aswell in that as in other things whereof you haue put me in minde And truly I thinke there is much profit wilfully lost in many places by negligence want of skill and sparing of some small charge You haue hitherunto spoken only of vpland meddowe grounds but you deuided meddowes into two sorts what say you to the second namely lowe meddowes for I haue seene and obserued as great defects in them by reason of their too often moouing without rest as may require some consideration how to repaire them for some of these grounds are as much annoyd by too much moisture as the vpland with the want of it Sur. For the too much moisture if it be but in the winter season and continue but vntill the middle or end of Aprill it doth not only no harme but good for if you marke and obserue it well you seldome or neuer see bogges where the water ouerflowes and stands in the winter time But if it be more permanent and of longer stay there must be meanes vsed for the euacuation for in many places you may perceiue certaine lowe places in meddowe grounds where if the water once take a standing it will cause the ground to sinke more and more and therefore that kind of water must be vented betimes for otherwise it killeth the grasse makes the place bare in a drie summer when the water is gone or else it will cause such a coldnesse to the earth as it will bring foorth more rushes then grasse And therefore it must be a principall care to haue all riuers sewers and water draines well cleansed and scoured that vpon occasion when time requireth when you will conuey the water from the meddowes it may haue a due current Bay But estoples of water courses do in some places grow by such meanes as one priuate man or two cannot by force or discretion make remedy As when sewers be common sometime betwéene Lordship â— Lordship parish and pâ—rish or betwéene a multitude among whom it is alwaies séene some wil be peruerse and wilful and hinder the best publike action that is though the doing of it be neuer so profitable to themselues and the omitting hindrance Besides this you see vpon diuers streameâ— Water-mils which by reason of their high pitch bat backe the water that shuld haue cleere passe so that sondry mens grounds are drowned euen vntill and at the time of haying And for the most part thesâ— mils do appertaine to great persons who rather then they will lose a penny oâ— their profite will hazard the losse of a pound to poore men What remedie is these for any of these mischiefes Sur. For euery of them the lawe hath prouided remedie And the greatest hindrance is either neglect or feare of complaine 2 and upon complaint in places and to persons appointed to reforme neglect of iustice to be executed 〈◊〉 or law-dayes generall Sessions Commissioners of Sewers and actions at the common Law are prouided to right these wrongs therefore speake no more of this as matter of impeachment of the grounds which of themselues are naturally good or euill But rather seeke the meanes to better and helpe the ground which as you obiect is weakned by ofteÌ„ cutting When a man obserueth such decay in his meddowe let it lie some few yeeres to pasture and be eaten very lowe it will procure some heate againe If not take the fattest earth that may be gotten let it lie a yeere if you can to dissolue and when it is drie and will crumble small mingle it with good and well fatted dung and lay them a while in a heape vntill they be sufficiently incorporated which will bee in one winter then carrie it into your meddowe about the beginning of March or before and then cast it abroad vpon the meddowes not too thicke nor the clods too great it will reuiue the weakned mould and make the grasse spring againe very freshly Bai. I thinke this bee good also for barraine pasture Sur. It is very excellent for pasture for hee that will bestowe the cost shall find his recompence in short time Bayly I see in some meddowes gaully places where little or no grasse at al groweth by reason as I take it of the too long standing of the water for such places are commonly low where the water standeth not hauing bent to passe away and therefore meanes must be first made for the euacuation of the water for the continuall standing of the water consumeth the grasse and makes the place bare and sinketh it Sur. In such a place therefore sow in the Spring time some hay seed especially the seed of the clauer grasse or the grasse hony-suckle and other seeds that fall out of the finest and purest hay And in the sowing of it mingle with it some good earth But sow not the hony-suckle grasse in too moist a ground for it liketh it not Bayly Is it not good sometimes to â—ill and sowâ— the meddow grounds Sur. Yes vpon good occasion as you find by the slender croppe of hay it beareth in a seasonable summer that the ground begins to faint as it were vnder the burthen of continuall bearing fallow it and let it lie a whole summer and in the fall of the leafe plow it againe and at the season sow it with pease or fetches next with wheat and lastly with fetches and hay dust
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
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
King gaue Lands vnto his followers in such quantity as did exceed the proportion of a mans manurance and occupation as a thousand two thousand Acres more or lesse which quantity of Land being at that time as it were in a lump or Chaos without any distinction of parts or qualities of Land he to whom such Land was giuen to hold to him and his heires for euer enfeoffed some others in parts thereof as one in ten another in twenty and some in more some in lesse Acres and iâ—â—onsideration of such feoffements euery of these were to do the feoffer some kind of seruice as he and they agreed vpon reseruing such a part vnto himselfe as he might conueniently occupy in his owne hands and by this meanes the Land thus giuen by the King and thus proportioned out to others by the Donee became to be called a Mannor And he that was thus inuested in this Land by the King was in respect of such as he infeoffed called the Lord and such as were infeoffed were called Tenants Lord in respect of gouernement and commaund and Tenants in respect of their tenures and manner of holding vnder the Lord whom they were to obey Lord. But when or about what time was this erection of Mannors Sur. As I take it and as it seemeth in the time of the Normans for among the Saxons was no such name as the name Mannor yet the thing euen in substance was then for they had Demeisnes and seruices in substance but the demeisnes they called Inlands and the seruices Vtlands so that it differeth only in name but in Iurisdiction little or nothing at all Lord. Whereof is it called a Mannor Sur. There is some differeÌ„ce of opinioÌ„s wheÌ„ce the woâ—d Mannor should be deriued it is in Latin called Manerium yet a word not vsed among the Romans or ancient Latins therfore to find the etimon by it cannot be for the word is vsed among our Lawyers as many other made words are which haue bin termes raised by our Lawes are not elsewhere in vse and therefore the neerest way to find the signification of the word is by the quality of the thing so that some hold it should proceed of the Latine verbe Manerâ— which signifieth to abide or remayne in a place as the Lord and his Tenants did in this wherof the head house or the Lords seate was called Berrye which signifieth in the Saxon toong a dwelling place which continueth yet still in Hartfordshire and in diuers other places and is also taken sometimes pro castro which was also the seate of the Lord of some Mannorâ— Mannor houses were also and yet are called in some places Halls as in Essex and Northward Courts and Court-houses Westward as in Somerset Deuon c. as also Mannor places all which are places of the Lords owne abode and therefore it may not vnfitly be said to take name of abiding or dwelling Some thinke and not improperly that it taketh name of the French word Manemirer which signifieth to till and manure the ground And of the two I take this latter to be the most proper deriuation of the word Mannor for thereof are many chiefe houses of tillage called Predia Graunges It may also take name of Mainer to gouerne and guide because the Lord of the Mannor had the managing and direction of all his Tenants within the limits of his iurisdiction Of these deriuations qualem mauis accipe necessity tyes to neyther Lord. These significations of the word may stand all with sence and much materiall it is not whence the word ariseth but the likelyest is indeed that which most agreeth with the propertie of the thing But I haue within my Mannors sundry mesuages whence is the name deriued Sur. Of meisus or mesuager which is as much to say as familiam administrare to gouerne a houshold for euery of the Tenants had his family and of diuers of them and of the Lords family did a Mannor consist Lord. Then no doubt if a man haue a thousand Acres of Land more or lesse to him and his heires which lyeth in one intire péece not yet diuided may be diuided into parts as a portion for the Lord himselfe and some parcels to erect such mesuages for Tenants to do him seruice as he may make a Mannor where none was before Sur. No Sir for although a man haue a competent quantity of Land in his manurance and would conuert it to the end you speake of were it neuer so great and could establish many mesuages and could erect whatsoeuer seruices this would not become a Mannor because all these must haue long continuance which can not at this day be confirmed by any priuate man but by the King only but he may haue thereby a kind of seignory a Lordship or gouernement in grosse ouer his Tenants by contract or couenant but no Mannor No man at this day can create a seruice or a tenure or by any meanes rayse or erect a Mannor for there must be very Lord and very Tenant in fee-simple and that of auncient coÌ„mencement and continuance or else it can inure no Mannor For a man may haue demeisns to occupy and Tenants to do him seruices and that of continuance and yet no Mannor As if a man that had Land did giue part of this Land in former time to some others in tayle to do him seruices heere are demeisnes in the donor and seruices in the donees and a tenure yet because there be not very Tenants in fee simple remaketh no Mannor Lord. Whether are all Lands holden of a Mannor parcell of the same Mannor Sâ—r. No Lands may be holden of a Mannor by certaine seruices the seruice may be parcell of the Marnor and yet the Lands not Lord. But may not this Land be made parcell of the Mannor at this day Sâ—r. By no other meanes but by escheat for if the Land fall vnto the Lord by escheat then it comes parcell of the Mannor for then is the seruice extinguished and the Land commeth in place of it Lord. May not a man purchace Land that lyeth néere his Mannor and annexe the same and make it parcell of the Mannor though it held not of the Mannor before Sur. Forraine Land newly purchased though it lye within the precinct and bounds of the Mannor can not be annexed though the Tenant thereof be willing to do his seruices there for this is in nature of a new creation of a tenure which at this day the lawe will not admit only the King by his prerogatiue may Lord. What if it were tyed vnto the Lord of a Mannor for the payment of an annuity is not the annuity then parcell of the Mannor And if that Land be purchased by the Lord and thereby extinguish the annuity doth not that Land come in place of the annuity and so become parcell of the Mannor as the Land you spake of before which by the escheat
ran in place of the seruice Sur. The case is not alike for the annuity was not parcell of the Mannor neither can it be by such meanes as you propound by the way of Mortgage But in another sort it may as if a Mannor be to be diuided into sundry parts and because the parts fall out vnequall in value there must a rent or annuity be apportioned to make vp the value which rent becomes parcell of the Mannor Lord. If the Mannor be diuided as you say and a rent allotted to one part how can the rent be parcell of the Mannor forasmuch as in my vnderstanding the Mannor becommeth by this partition to be no Mannor for if there can be no addition to a Mannor there can be no diuision of a Mannor and yet the Mannor to continue still a Mannor Sur. Yes Sir of one Mannor may be made diuers at this day Lord. How I pray you Sur. If a Mannor descend to diuers partners and they make partition and euery one hath demeisnes and seruices euery one hath a Mannor and euery one may keepe a Court Baron Lord. What if a man make a feoffement vpon conditions of parcell of his Mannor or do graunt a Lease to another for life of part or do intayle part are not these parts still parcels of the Mannor Sur. If parcels of a Mannor be once thus seuered they immediatly become no parcels thereof yet may they all reuert and become parcels of the Mannor againe as if the condition of the feoffement be broken if the Tenant for life dye or the limitation of the entayle discontinue for want of heires Lord. Then a man may say that though such Land be not yet the reuersions are parcels of the Mannors Sur. So it is intended Lord. Well you haue reasonably well satisfied me in these poynts yet would I gladly haue some further satisfaction of some other matters touching the state and profits of a Mannor Sur. I would be willing to do my best to content you but you partly hinder me of other businesse What else would you know I wish breuity Lord. It shall be so neither shall you lose your labour for I meane to vse you if my future satisfactâ—on be answerable to this former May euery Mannor kéepe a Court Baron Sur. Euery Mannor in the beginning no doubt might keepe a Court Baron and so it may at this day vnlesse the Mannor be so dismembred as it wanteth that which may warrant the keeping thereof for if all the freeholders of a Mannor do escheat or all but one the Mannor is then disabled to keepe a Court Baron for the Court cannot be kept without suters which are the freeholders Lord. Then me thinks the Mannor loseth the name of a Mannor for if it lose the quality it is not the thing no more then a logge that had fire can be sayd a fire-logge when the fire is extinct Sur. It is true it becomes no Mannor but a Seignorâ— hauing no power to keepe a Court-Baron Lord. An ignorant Surueyor I sée may be easily deceyued in terming that which is no Mannor a Mannor and that no Mannor which indéede is a Mannor But satisfie me in this one thing A man hauing two Mannors lying together and the one of them is decayd and hath lost his power to kéepe a Court Baron and the Lord is willing to haue the Tenants of both these Mannors to do their suites and seruices to one Court namely to that which standeth yet in force and that me thinks were good for the Tenants to ease them and it would preserue the Lords right without preiudice to any for then one homage would serue both and both serue as one one Bayly and other officers as if it were an future Mannor Sur. Yet this can not bee for this vnion of the Mannors can not extinguish theyr seuerall distinctions for they will be still two in nature howsoeuer the Lord couet to make them one in name and the more powerfull Mannor hath no warrant to call the Tenants of the decayd Seignory but euery act done in one to punish an offendor in the other is trauersable and therefore it is but lost labour to practise any such vnion if it be considered by such as are forced to seruice in this kind they may refuse it yet if they will voluntarily submit themselues to such a nouation and the same be continued without contradiction time may make this vnion perfect and of two distinct Mannors in nature make one in name vse and I do not thinke but such there are Lord. Then is there as it séemeth no meane to annere two Mannors in one howsoeuer necessary it were both for the Lord and Tenants Sur. Yes Sir two Mannors may become as one if one Mannor do hold of another and it escheat to the Lord the escheated Mannor may be annexed and vnited and of two distinct Mannors become one if the Lord will in vse Lord. I am answered in this poynt and it standeth with more reason indéed then the former now I pray you tell me what things do properly belong to a Mannor Sur. There do belong to a Mannor Lands Tenements rents and seruices as I shewed you before in part which are a parcell in demeisne and parcell in seruice Lord. But speake I pray you something more at large of euery of these and first tell me what demeisnes are Sur. Demeisnes are all such Lands as haue bin time out of the memory of man vsed and occupied in the Lords owne hands and manurance as the site of the Mannor house Meddowes Pastures Woods and arable land that were reserued for the maintenance of the Lords house from the beginning Lord. This then is that you call parcell in demeisne what is that you call parcell in seruice Sur. All those lands tenements and hereditaments which yeeld rents of Assize as rents of freehold copyhold or customary land all which are parcell of the Mannor yet no demeisnes Lord. But are not all customary land copyhold land why then make you a distinction betwéene copy and customary Sur. All copy hold Land is commonly customary but all customary is not copyhold for in some places of this Realme Tenants haue no copyes at all of their Lands or Tenements or any thing to shew for that they hold but there is an entry made in the Couâ—t-booke and that is their euidence and this especially of the ancient Duchy land of Cornewall and other places Lord. These Tenants then may be called Tenants by Court-roll according to the custome of the Mannor but not Tenants by copy of Court-roll Sur. It is true but they are held only a kinde of conuentionary Tenants whom the custome of the Mannor doth onely call to do their seruices at the Court as other customary Tenants do Lord. The word conuenire where of they be called conuentionary doth as I conceiue import as much as to call together or
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
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
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
marke before you the line that you haue striken from the last pricke is the line that directeth to it but because you knowe not yet how many pole it will be you omit applying your compasses to the scale vntill you come to the marke and knowe the number of petches Sur. I must doe so now come on with the chayne How many pole is it in the whole Bai. 37. pole I see you take almost 2. inches for this nuÌ„ber namely one intire inch for 20. 17. parts of y e scale of 20. which in y e whole maketh 37. I sée truly as 37 is y e half almost of 75. so is this last line the answerable halfâ— of the first and the angle falleth out in the paper iust alike vnto the angle of the field Surely this is a perfect way and I conceiue the doing of it very plainely Sur. Then we may go on the faster for this doth a little hinder our businesse but if you thinke fit to aske any question do it freely and I will answer you willingly Bayly When I come to any doubt I will be bold Sir now we haue gone round about the Common of Water-burst and you haue closed it vp as rightly like it in forme as one forme may be made like another Whither will you go next Sur. Into the next field What field call you this Iury. Oxe-leaze Sur. Whole is it Iury. Thomas Turners Sur. How doth he hold it Iur. He holds it by Copy of Courtroll Sur. It is meddow Iury. Yea. Baylie I perceiue you write the names of the Commons and closes you take and the name of the owners and occupieâ—s and the qualitie of the ground and how it is held in euery particular close Sur. I must of necessitie do so for memory may not be trusted to retaine so many things as are to be noted in this businesse Bayly I pray you proceed to the rest Sur. What riuer call you this Bayly Will you haue the names of the riuers too Sur. Yea and the name of euery other particular else whatsoeuer for it is very materiall whether it be riuer Brooke lane high way crosse tree pond hill hedge corner gate stile grauell or sand-pit meerestones baulkes land shares or any matter or thing memorable because they are often mentioned in records butts boundaries deedes copies leases and to distinguish betweene land and land Mannor and Mannor parish and parish such like Bay In deede I perceiue it is very needfull to remember them all this riuer indeede is called Otter brooke and is indeede the bounds betweene this Mannor of Beauland and the next Mannor Sur. What call you the next Mannor on the other side the riuer Bay The Mannor of Littleton But will you obserue the names of all the Mannors that border vpon this our Mannor Sur. Yea of necessitie and whose Mannor it is for it were a simple part in me to take the circuit of this Mannor and if the Lord should aske me what Mannors lay about it I should answere I cannot tel it is fit the Lord should knowe who were his neighbour Lords and what Mannors were neere him Whose is the Mannor of Littleton Bay The kings Mannor and therefore whether you may boldly set it downe you may be aduised Sur. There is no feare where is no purpose of offence and in this it is not only not offensiue but expedient that the true bounds meeres markes of diuision betweene Mannor and Mannor should be obserued and set downe that either may knowe how farre his owne extendeth Bai. It is I confesse very necessary But Sir how will you doe nowe heere is a great pond through which you cannot measure how can you find the bredth of it that when you come to the other side you may take the lust distance for as I conceiue if you should lay it downe by your scale as you cal it too farre or too short you should bring all the land neere it out of rule making it either too much or too little Sur. I perceiue you vnderstand well for you say truly Therefore if you obserue what I doe you shall find that I will not commit that error Bai. How I pray you Sur. You see howe the instrument standeth truly erected as before you see a little Mole-hill vpon the further bancke of the pond I lay as you see the Index vpon it and take it for my marke iust in the middle of it and from this last station I strike a line at aduenture in the extention but truly vpon the marke then without moouing the instrument I turne the Index from this station where the instrument stands vnto the staffe which the marke-bearer hath set vp yonder and strike likewise a line to it as you see now I measure from this station to the staffe and I find it is 16. perches that you see how I take it with my compasses vpon the scale as I shewed you before and where the foote of my compasse falleth there is the place where the staffâ— standeth Nowe see I erect mine instrument againe and then I place my Index vpon this place measured vnto and turne the same vnto the middle of the former Molehill and you see that the Index doth crosse the first line I drawe a third froÌ„ the place of the staâ—â—e to the Mole-hill and it crosseth it you see at this place then I find that the very point of the crosse lines is the place of the Mole-hil Bayly But how know you by this how farre the riuer or pond is ouer Sur. I will tell you presently Lo I lay the one foot of the compasse vpon the first station and the other vpon the prick of the Mole-hill and now mark I lay the compasse without stirring the feete vnto the scale and as you see it taketh three inches and a halfe therefore I lay the compasse so as the one foot may rest vpon the scale which I haue chosen which is the inch diuided into twenty parts and that you see is iust in the middle of the inch which is ten perches and the other three whole inches are twentie apeece so the whole bredth of the pond is 70. perches deducting as much on either side as is between the brincke of the pond and the markes on either side because I could not plant mine instrumenâ— so neere â—he water but that some space must be of necessity betweene Baily I vnderstand this well and I sée that by this rule a man may take the distance of a place â—arre off and neuer measure to it Sur. So may you and to tell how farre distant diuers things are one from another though neither of them be neere you But for these things if you couet more instruction you may referre you to diuers in London or elsewhere that are practizers teachers of these Geometricall conclusions for now time will not serue vs neither for me to teach nor you to vnderstand the
Then I perceiue that as many times as I find 160. perches in 400. perches so many acres the péece is and if the ouerplus come to 80. perches it makes halfe an acre more it to forty one roode it is foure perches a day worke and so according to the 〈◊〉 perches it maketh parts of an acre Sur. You take it rightly Bayly Then I diuide 400 by 160. and I find 160. twice in 400 and 80. ouer so it amounts to two acres and a halfe Sur. It is well done but I would haue you obserue a forme in setting downe your quantities for as the parts are foure so set them downe in foure columnes as for example 2-2-0-0 the first is acres the second is roodes the third is day-workes and the fourth perches Bayly I thanke you Sir I pray let vs see some other forme Suruey This forme following is also a square let me see how you will cast it vp Bai. I haue laid the coÌ„passe to the sides as before and by the scale all the sides are tweÌ„ty perches a pâ—â—ce as were y e first 〈◊〉 I find no difference in the quantitie Sur. But you shall find you are in an error for it is not the length oâ— the sides that iustifies the quanâ—titie but the angles must be considered for you see there is great difference betweene the angles of the first figure and the angles of this for the angles of the first are all right angles but this hath two sharpe or acute angles and two blunt or obtuse angles which maketh difference in the quantity though the sides be equall euery way to the former Bay I pray you shew me the reason Sur. Your eye may discerne there is inequalitie in the bignesse of these two but you shall proue it thus the first is a iust square of twenty perches euery way which maketh the Area and content as big as possible like sides may make but this last by benâ—ing two sides makes the 2 angles vnequall to the other and must be measured by drawing a line from the two sharpe angles and then raysing a perpendicular from that base to one of the obtuse equall angles multiply the base which is 34. by halfe the perpendicular 〈…〉 and that maketh in the whole 2-0-0-3 the base and both the perpendiculars being equall Bai. This is almost two parts of an acre lesse then the former And by this reason there may be a peece of land 20. perches euery side that shall not containe aboue two parts of an acre Sur. It is true Bai. I sée in your plot a crooked péece of land to be measured as I take it and I thinke it be the Lords wood called Frith-wood Sur. This is that you see and it is troublesome to measure indeed and without a Geometricall instrument it can very hardly be measured because there are woods about it and the wood it selfe thick of trees and bushes Bai. You haue indéed laid it out in his true forme but it hath so many angles and curuings that I dare not aduenture to measure it vpon your plot I pray what course take you in the casting vp of such a péece of land Sur. The truest course for that it is so irregular is to put it into as many triangles as you coÌ„ueniently may making no more then necessitie requirech and if you can do this you may do any other forme Bai. I pray you shew me the manner Sur. I will make a demonstration vnto you and marke it you see the figure there are contained within this figure 7. triangles and one long square the base of the first triangle is 22. perches the halfe perpendicular thereof is two perches and that containeth 0-1-1-0 The second triangle hath his base 37. perches the halfe perpendicular two and a halfe which maketh 0-2-3-1 The third hath the base 37. the halfe perpendicular 6 which maketh 1-1-5-2 The fourth hath the base 21. the perpendicular 3. maketh 0-1-5-3 The fifth is in the base 12. perp two and a halfe and maketh 0-0-7-2 The sixth base 12. perp 2 maketh 0-0-6-0 The long square 6 in length and 4 in breadth 0-0-6-0 The two last are equall triangles base 8. perp 1. and a halfe 0-0-3-0 All which seuerall summes being added together do amount vnto 3-0-8-0 Bai. But which do you call the base and which the perpendicular lines Sur. The longest line in any triangle is the base and the perpendicular is a line imagined to rise from the base to the obtuse or blunt angle as in the example following Bai. That which is done with prickes you call the perpendicular and the lower line you call the base as in this figure Sur. So it is Bai. But how loe you cast vp the quantity by a triangle thus you cannot as I take iâ— by multiplying the base by the perpendicular find the content for it is by that computation more iteÌ„ indeede the triangle containeth Sur. You say true if you multiply the whole base by the whole perpendicular but you must multiply the one by the halfe of the other Bai. Doe you imagine that the truest measure iâ— by triangles Sur. Yea where you find many angles in one field there are other kinds and manners of measuring but this is speedy and certaine Bai. How if a peece of land lie directly round I thinke you measure it round and then cast it into a square as if the circle be 40 perches round it maketh 10 square Sur. Indeede many vulgar measurers doe vse to measure many sorts of land round and cast the whole into a square which is for the most part false But for a round and circular peece of land you must indeede measure it round and take the halfe of the number of perches for the length then take the semidiamiter namely as many perches as are from the Center to the extreame and multiply the halfe of the circle by the semidiamiter And for a halfe circle multiply halfe the halfe circuit by the Semâ—diamiter and deuide as I shewed you Bay I thanke you Sir I keepe you from your busines yet I pray you let me aske you one question more for my learning how are hils and valleys measured Sur. There is indeede some difficultie in them without great industrie for commonly hills and valleyes lie very irregularly sides heights and depthes very vnequall And therefore to demonstrate any certaine rule for these kind of contents many haue indeuoured to doe to whom as vnto vncertainties I refer you but for such kind of grounds there must speciall diligence be had in bringing them into certaine parts distinguishing the parts by markes and so by degrees to bring these parts into a certaine content generall and that vpon the ground otherwise I see not howe by measuring a whole irregular circuit together as irregular heights or depths and applying the numbers to a generall computation according to the rules of arithmatike a certainty may be procured
laying it as plaine and leuell as you can Then seed it the next summer and after that hayn it and mowe it and within a yeere or two the grasse will be fat sweet and good Bayly I haue séene meddowes as wel as other arable landes namely the crust of the earth cut in turffes and burned and so sowne as aforesaid Sur. This kind of husbandry is neither vsuall nor expedient in all places especially in meddowe grounds vnlesse the meddowes bee too much ouergrowne with mosse through too much moysture colde yet in deed I haue seene it in some part of Shropshire But I haue thought it rather done for the corne sake then for reformation of the meddowe Bay But I like not this husbandry in any sort in good meddow grounds Sur. You need not feare it for experience hath found that it hurteth no kind of ground But I leaue euery man to his owne fancie Bayly Surely I thinke there needs no helpe to good meddowe grounds for it requireth small trauaile and lesse charge and of all grounds as was sayd in the beginning of our speech it is most beneficiall Sur. Euery thing hath his time and course a growing a perfection and decay And the best ground may bee ouercharged the plowe and the sithe will weaken if there bee no helpes by Art or Nature for though nature wake worke when we sleepe and are idle yet it often faileth when wit and industry must worke and supply what Nature leaueth And therefore he that hath best meddow grounds if he be a good husband will obserue how they stand in force or weaknes and accordingly indeuour to helpe the defects hee must neither sleep for the too much heat in Summer nor keepe house in Winter for the too much cold but both Winter and Summer giue such attendance and ayd vnto his land as in discretion he shall find most behoouefull for land is like the body if it be not fed with nurriture and comforted and adorned with the most expedient commodities it will pine away and become forlorne as the mind that hath no rest or recreation waxeth lumpish and heauy So that ground that wanteth due disposing and right manurance waxeth out of kind euen the best meddowes will become ragged and full of vnprofitable weeds if it bee not cut and eaten some will become too moist and so growe to boggs some too drie and so to a hungry mosse And therefore according to the naturall or vrged inclynation men are to endeuour to prepare preseruations or reformations namely to keepe the good in good case and to bring the euill to a better state If it bee too moyst you must seeke to drie it if too drie you must vse meanes to moysten it Bayly What if there bee such places in a meddowe as neither Art nor charge can conueniently make drie or fit for grasse as I know many and no doubt so doe you which will bee vnprofitable whatsoeuer course be taken vnles more charge bee layd vpon it then it can requite Sur. In such places the best course is to plant willowes red or white namely in euery voyd plot of low ground that is too moyst and of little vse to plant them as also neere vnto and in hedgerowes for those kindes of willowes are very profitable and little hurtfull and delight most in watrie places where profitable and sweet grasse likes not They growe speedily and beare much and serue for many vses in husbandrie Bay In this indeed I can approue your Iudgement by mine owne Art and experience for about seuen or eight yeeres since I set a certaine number of these kindes of Willow poles shaped and cut for the purpose and in deed I cut them and set them in a drie time for I can tell you although they loue the water well in their growing wet is an enemie â—nto them being cut from the tree and in the time of their replanting some I set in the end of Ianuary some in the beginning of February when the extremity of the cold is neere gone I set some in a meddow by a ryuers side some in a bottome where the water falls most in the time of raine and I set euery one of them sixe foote asunder and for three yeeres space I kept them pruned verie carefully and at this present time they haue heads and branches of verie great burden euery thrée trées néere a loade of wood And I do not thinke but euery fiue or sixe yéeres will affoord as much and more for as the body of the tree doth increase the branches will augment in greatnesse and this without losse of much ground or hindrance to the grasse Nay I find that vnder these trees the grasse is most rancke and fruitefull not onely by reason of the dropping of the boughes but by the fal of the leafe in Autumne as also by the cattle sheltring and shadowing vnder them And moreouer I haue planted an Ozier hope for so they call it in Essex and in some places an Ozier bed in a surrounded ground fit before for no vse for the too much moisture and ouerflowing of it And to tell you truly I thinke it yeeldeth me now a greater benefite yeerely acre for acre then an acre of best wheate and that without any great trauell or charge and the ordinary increase seldome sayling Onely I find that this kind of trée brooketh not the shadow of any other tree but delighteth in the open ayre and in the Sunne beames so imperiall or sullen is this little plant And truly I conceiue that men that haue such grounds as befit this kind of commoditie come short of good husbands if they plant them not Sur. You say in this very truly and it is a great shame for many capable wits and able bodies that they hauing liuings and leysure imploy neither of them to their vttermost profitable ends for lands is giuen to man to the end he should till it manure it and dresse it namely he should set sow and plant vpon it and in due discretion to conuert euery place to his fittest fruite For I am of opinion that there is no kind of soile be it neuer so wild boggy clay or sandie but will yeeld one kind of beneficiall fruite or other Bail Nay by your leaue I thinke the pibâ—les or beach stones vpon the sea coast about Orford Nesse in Suff. the Camber in Sussex and such like are good for no vse especially for any profitable fruite for I thinke there is no firmâ— soyle within a speares length of some part of the highesâ— of them Sur. It is true and yet haue I eaten of good and nourishing fruite growing euen there as pease pleasant holesome and good growing of their owne accord neuer steâ—â—â—oâ—â—e but they differ in the maner of branching only the blossoms differ not much but the coâ—â—les hang in clusters eight ten or twelue in a bunch and tast as other pease Bayly
to brakes you may learne how the inhabitants by their indeuors doe make good vse of this kind of husbandry both for corne and to increase their pasture by cutting them in August after when they are withered and laying them vpon their grounds with the fold as I told you which causeth the grasse to spring very fast and freshly and they are so farre from coueting to kill them that they fetch them for this vse farre off but the continuance of this course wil impaire them much Moreouer they bring the brakes into their yards where their cattle lodge in the winter and there they rot when they be well dissolued among their other soile they carry it about September and October into their arable fields to their good aduantage And in some places they lay it in the common high waies as in Hartfordshire and other places and about March carry it into their grounds It is so liuely slymy and vegitable a nature as it seldome becomes vtterly consumed but by fat marlâ— and soile coÌ„tinuall plowing as I told you before But I see heere is a ground next vnto this of another nature full of bushes and briers he is no good husband that oweth it Bai. Neither he that owes it nor a better husband can preuent this inconuenience for besides the bushes the mosse is so full and rancke as the ground is good for nothing but for that small pasture that is in it heere and there Sur. The ground of it selfe I see is good enough and not so prone to mosse as you take it but the cause of the mosse is the bushes for after euery showre of raine the bushes hang full of droppes which often falling on the ground makes the vpper part of the earth so cold that iâ— increaseth this kind of mosse but without the aid and industrie of a skilfull husband fairest grounds will be come ougly and best land euill and will bring â—oorth vnprofitable weedes bushes brakes bryers thornes and all kind of hurtfull things according to the curse inflicted vpon it for mans fault at the beginning Bail Admit no man did manure the earth yet surely there be many grounds in my conceit would neuer become worse then they be Sur. You are in a great error for the freest grounds that you see the fairest pastures and greenest meddowes would become in short time ouergrowne with bushes woods weeds and things vnprofitable as they were before they were rid and clensed of the same by the industry of man who was inioyned that care and trauaile to manure the earth which for his disobedience should bring foorth these things Bayly How then was the state of this Island of great Brittaine at the beginning when it was first peoplet Sur. A very desert and wildernes ful of woods fâ—lls moores bogs heathes and all kind of forlorne places howsoeuer we find the state of this Island nowe records doe witnes vnto vs that it was for the most part an vniuersall Wildernes vntill people finding it a place desolate and forlorne beganne to set footing heere and by degrees grew into multitudes though for the time brutish and rude Time taught them and Nature drewe them to find the meanes how to stocke vp trees bushes bryers thornes in stead thereof to plowe the land to sowe set and plant to build Cities for defence aswell against the force of Wilde beasts then plentifull in these grounds which now we manure as against enemies as the ruines of Cilchester in Hamshire among the woods and of Verolamium in Hartfordshire and other Romane Monuments of antiquity doe lay before our eies at this day After Cities as the land became more and more peopled they built lesser Townes Villages and Dorpes and after more securitie Country Farmes and Gruinges and as these increased wild beasts as Beares Bores Woolues such like decreased for when their shelters great woods were cut downe and the Country made more and more champion then the people more and more increased and more and more decreasing the inconueniences that offended them Bai. I obserue in this your discourse some doubts as whether all this Island now great Brittaine were a Wildernes and Desert and whether there were euer such wild beast in it as you speake off Sur. If you will be satisfied by records you may find that most of the Shires in England were Forestae and as for the wild beasts Authors very antentique report of the Calidonian Beare Bore Bull and Kine which were in this Island with infinite many Woolues as by reason of the great woods and fastnesse there are yet in Ireland Bay This our discourse is some what from our matter yet not altogether impertinent for if this lie hiddeâ— and men be ignorant of the state of former times our present swelling and ambitious coÌ„ceits may séeme to assume more commendation for present art and industry in reforming the earth theÌ„ Ages of old wherein I perceiue and by your discourse collect that our fathers did more in tenne yéeres then we in forty Sur. It is true because we sawe not the earths former deformities we dreame it was then as now it is from the beginning whereas indeede our forefathers by their diligence and trauaile left vnto our forefathers and they by increasing experience and endeuour left vnto vs that faire and fruitfull free froÌ„ bryers bushes thorns wherof they fouÌ„d it full And this field wherein now we are may be an instance for you see by the ancient ridges or lands though now ouergrowne with bushes it hath bene arable land and now become fit for no vse vnlesse it be reformed And the bushes that are in this field you see are such shrubs and dwarffie bushes and fruitlesse bâ—iars as are neuer like to proue good vnderwood nor good haying or hedging stuffe If it were fit for either and the country scant of such prouision it might be preserued But sith they haue bene so cropped brused with cattle and sith this countrie is full and most inclinable by nature to this kind of stuffe more then sufficient for fencing and fewell and corne ground and good pasture nothing plentifull if the tenant were a good husband he would stocke it vp and plow it Baylie I thinke it is so full of Mosse it will beare little corne Sur. The Mosse being turned in by the plowe will rot and these hillockes Mole-hils and Ant-hils will inrich the ground cherish the seed sown Bayly What graine is best to be sowne first after the stocking Sur. It seemeth to be a good stiffe clay ground and therefore Otes are best to prepare the earth to make it fit for wheate the next season and after it as the ground may be by the skilfull husbandman thought fit for wheate againe or pease But if the soile were leane and light barly would agree better in it and a light red rush wheat where in the
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