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A08310 The surueyors dialogue Diuided into fiue bookes: very profitable for all men to peruse, that haue to do with the reuenues of land, or the manurance, vse, or occupation thereof, both lords and tenants: as also and especially for such as indeuor to be seene in the faculty of surueying of mannors, lands, tenements, &c. By I.N. Norden, John, 1548-1625? 1607 (1607) STC 18639; ESTC S113314 151,126 260

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or Hay so much the sweeter and thicker if you keepe it low eaten Bay I thinke you mistake the weed you meane I take it Furse or Whyns which some call also Gorse Sur. I thinke I mistake it not but such as call Furse Gorse are as much mistaken as they that call Brakes Broome Bay Because you speake of Broome I know a Lordship of my Landlords which no doubt you shal suruey too it is much pestered with Broome and there hath beene much charge and paynes and Art too bestowed in destroying of them but al in vaine They haue beene cut stocked vp by the roots as was thought burnt and plowed and yet they grow againe Sur. It is the nature of Furse Broome and Brakes to keepe their standing and hardly wil yeeld the possession once gotten in a field for commonly they like the soyle wel and the soyle them where there is a mutuall congruitie there is seldome a voluntary seperation And therefore as long as there is not a disturbance of their possession with a contrarie earth they will keepe where they are for as the Fish loueth and liueth in the water the Camelion by the Ayre the Salamander in the fire and either of them being taken from his element wil die So these kinds of weeds for so they may be called as long as they possesse the soyle they affect doe what you can they will liue And therefore as the soyle is commonly barrain hott and dry wherein they liue make this ground fatt and fruitfull and they will die And therefore the greatest enemie that may bee set to incounter them is good and rich Marle and thereupon the Plowe some few yeeres together And you shal see they wil shrinke away and hide their heads Bail But commonly this kind of fatt Marle is not to be gotten in all places nay seldome where these barren grounds are Sur. It is true they commonly come not and say to the lazie husbandman Here I am It is the nature of all things to couet rest and where dumbe and dead th●ngs ●urke is not easily found without diligent search Gold Siluer Brasse Tynn Lead Cole Slate and great Milstones shew not themselues voluntarily but are found by scrutation and discretion And I thinke many treasureable blessings lie hid from slouthfull men for want of search and worthily So doth this notable cōmoditie of Marle from the eyes of the husbandman vntill he diue into the bowels of the earth to seeke and admit hee misse it here he may find it there if he fayle to day he may get it to morrow But Thryft hath no greater enemies then Ignorance Idlenes The one perswades it cannot be the other it wil not be And betweene these Weeds Bryers Thornes Thistles Furse Broome Gorse and a thousand markes of the first curse annoyous which by the blessing of God Industry and charge might easily and shortly remoue more out of our sights And yet if the view of them daily could make vs or mooue vs to call our first disobedience obedience to consideration repentance I would wish thornes to grow where corne stands But sith no spectacle of former threats no vse of presēt blessings will moue the hard harted either to seeke by labour or charge to reforme these euils easie to bee reformed Let vs leaue to discourse and he that hath vnderstanding and will let him vse them here in this toylesome life and not be idle for if we do what wee can these cankers will follow vs these inconueniences wil annoy vs and will procure euery day new labour and newe cost and newe diligence and newe Arte to make vs know that Omnia proposuit labori Deus Man of necessity must labour And whē he hath swett and toyled and bestowed all his skil vtmost charge if God add not a blessing all is lost Paul may plant Apollo may water but if God giue not the increase the labour is vaine God maketh a fruitfull land barraine for the wickednes of the people that dwel therin there is a curse Againe A handful of corne sowne vpon the tops of high mountaines shal so prosper as the fruites and eare thereof shal shake like the high Cedars in Libanon Here is a blessing It is a gracious thing therefore to feare and reuerence him whose blessing and cursing so much preuaile and to pray to him for successe in our endeuors and to glorifie him for his blessings Bai. You haue diuinely concluded And I wish not onely the wordes of mouth but the substance of your meaning were fully ingrauen and truly seated in the hearts of all that labour So no doubt but the Lord would bee alwayes readie to blesse their indeuours Although indeed Iob saith The earth is giuen into the hands of the wicked and they waxe old and wealthie And Dauid in diuers and sūdry places declareth that the wicked prosper most ●n the world And I tell you it is a daunting vnto weake men that thinke they serue God truely and many tymes it goeth worse with them then with such as seeme seldome or neuer to call vpon his name Sur. But when Dauid considered the end of these men he could say that the Lord had set them in slippery places And that they that are blessed of God shall inherit the earth And whatsoeuer they do it shall prosper Therefore I say that he that commendeth his labour vnto the Lord and the successe of all his indeuors vnto his diuine prouidence who doth and can alwayes bring all things to passe for our best good whether it bee the full fruits of the earth for our releefe and comfort or scarcitie and want for our tryall he is sure to stand fast and shall be as a tree planted by the riuers side whose leafe shall neuer wither And in the same time of dearth he shall haue enough to sustayne his necessitie Bay It is a good and holy resolution on which all men ought to rest themselues with a faithful and patient expectation And therefore hee that hath far● and fruitfull ground let him bee laborious and thankfull and hee that hath leane and barraine let him be painfull and patient Sur. You say well and so I leaue you And for other matters better satisfactions in these things thus superficially discoursed I referre you to the aduice of the better able to resolue you I will returne to my former taske Bayly I thanke you for your patience and pains and I commend you to your labours And as your occasions shall challenge my further poore seruice I shall be readie FINIS Eccles. 5.8 Surueying rashly condemned Faculty Friuolous obiections against the Suruey of Lands The faulty are afraid to be seene Tenants may be sayd to be the Lords men A rash censure The Lord of a Mannor vnder the King is head of his Tenants A Lord why so called The innocent neede not fear● to be locked into Priuate
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 performāce 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 Mānors 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 lād 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 C●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 Ho●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 ignorāt of God or of any ciuil course of life as the very Sal●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 Ful●ing-mill Whether is there within this Mannor any other Mil Iron-mil Furnace or Hāmer 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