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.

❧ 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. (Book 1)

The first Booke. (Book 1)

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,* 1.1 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 i••?

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,* 1.2 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.

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oftentimes you are the cause that men lose their land: and sometimes they are abridged of such li∣berties as they haue long vsed in Mannors; and customes are altred, broken, and sometimes per∣uerted or taken away by your meanes: And aboue all, you looke into the values of menslands, where∣by 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 com∣mon wealth, cry out against them, that by the same lawes are appoynted Magistrates and Officers to see these lawes executed vpon them, as Roagues, Beg∣gers, 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 there∣fore it is, that there should be such as should see vn∣to, 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 Man∣nors, 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 a∣gainst 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 te∣nants 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,* 1.3 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 quan∣tity, 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 suruey∣ing came in, and therefore I thinke you cannot but confesse, that other men as well as I, haue g••••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 ••eare and vn∣willingnes that the Lord of the Mannor,* 1.4 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 hid∣den, and what iniury you doe should be concea∣led, then that he should be acqu••••••ted with what you hold, and your abuses, incrochments, vsurpa∣tions, intentions, and wrongs disco••••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,* 1.5 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 reli∣gion 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,* 1.6 and therefore I say againe▪ it is pitty any of you haue any imployment in a Common wealth.

Sur.

What Sir, because I say you are in some sort the Lords? I tell you, that I mistake it nothing at all: for as the King is Supreme head and Prince, and defendour of all his Subiects, so vnder the King is euery Lord of a Mannor chiefe and head ouer his Tenants, namely,* 1.7 〈◊〉〈◊〉 such as hold of him: And he hath a kinde of commaund, and supe∣rior power ouer them, as they are his Tenants, and for that cause he is called, and they doe ac∣knowledge him to be their Lord. And what doth the word Lord import, but a Ruler or Gouernor? If he be your Lord, then are you his, to be gouer∣ned in causes determineable within the Mannor, and as I will heereafter prooue, the Lord of the Mannor may commaund his Tenants to accom∣panie him into the Field against the enemyes of the King, by reason of some tenures, and they are to follow and be commanded and directed by him, and if they refuse the seruice, the Lord may distraine for it, or may enter vpon their Lands, and resume it as his owne in some case; so that I may well say, that in a sort, euen your lands and your selues are the

Lords. The vse and occupation i•• yours, but if the land were so yours as were none aboue you, you might then call it yours: but so is none, but the Kingdome which the King holdeth of none but of God. And no man is so absolute within the King∣dome, but he holdeth his land of some Mannor, or person, or of the King. And of whom such land is holden, the same is called the Lord of that land after a sort, because it is held of him by some kind of 〈◊〉〈◊〉 or serui••••, and by possibility this land may come vn∣to, and by law be cast vpon the Lord 〈◊〉〈◊〉 whom it is holden, as if you be so willing as you seeme to talke of these mysteries, you shall anon perceiue. And therfore you can not but say, that the land and your selues are in some sort the Lords. And therfore is it not lawfull for the Lord of the Mannor, to enquire and examine of the things in those kinds belonging vnto him? And if there be cleane and plaine dealing among tenants,* 1.8 they need not feare who looke into their lands and estates. But if there be deceits and wrongs against the Lord, policie willeth you to ba∣nish any man, and to barre all the meanes that may discouer them, though equitie and honestie be con∣tented to discouer all things to the manifestation of truth. Are not these the matters of chiefe impor∣tance that disquiet you? The measuring of your lands, the obseruation of the quality, and estima∣ting the value of your lands.

Farm.

It is true: for these are the causes that our rents are increased, and our fines raysed, and this would the Lord neuer do, if such as you did not in∣kindle the Lords desire, by your soo seuere scruta∣tions, examinations, impositions, & imputations: for were the Lords of Mannors ignorant of these things, us in former times, poore tenants might haue things at the rate they had in former times.

Sur.

My friend, if I compare you to a dead I∣mage, be not offended, for I perceiue you haue eyes to see, and yet you see not, you haue a heart to vnderstand, and yet your vnderstanding is amisse.

Farm.

I am beholden to you Sir, to make me worse then a beast, for a beast hath the things you say I want: how prooue you what you haue sayd?

Sur.

Because you impute your great impositions vnto the acte of an honest Surueyor, when I will assure you and prooue, that the cause is in and of your selues.

Farm.

Then in déede you might account vs bru∣tish, if we would worke our owne woe.

Sur.

I perceiue, though you may be a good worldly Farmer, you are but a meane obseruer of the course and carriage of things passing dayly vnder your nose. He that hath seeing eyes and an vnderstan∣ding mind, may easily see and perceiue, that there is no Mannor, nay, no Farme, be it great, or little, farre off, or neere hand, but hath bin, and dayly is discouered, by priuate intelligencers, lurking in or neere the same, prying into estates,* 1.9 ••yming at the quantity, wide, short, or ouer, seldome hitting right, obseruing also the quallity, and glauncing at the value of euery mans land, and therefore se∣cretly and vnder-hand do informe the Lords of the Farme, and they being credulous ouermuch, and not a little couetous, build their demaunds both of rents and fines, vpon these most deceiueable informations, whereby the Lord is abused, and the Tenant wronged; whereas were the things seeme, viewed, and surueyed by a iudicious and faithfull Surueyor, who vpon due consideration, and discreet obseruation of all particulars, giues in a true and indifferent certificate vnto the Lord, vsing▪ rather his vttermost indeuour to moderate

and mitigate the Lords excessiue demands,* 1.10 then aggrauating the validity beyond reason▪ or a good conscience, you would be of another minde, and I protest, I hold that Surueyor a very bad man, that will either for affection or bribe carry a parciall hand betweene the Lord and his Tenants yee sith he hol∣deth as it were the beame of the ••••••tance, he should rather giue the better waight to the weakest, respe∣cting nothing but a charitable course to be held by the Lord, for whom he trauaileth with the Tenant, a∣gainst whom if he speake not, he shall be often sus∣pected of the Lord to be parciall. But if there be e∣quall consideration on all sides, the Lord will be∣leeue the Surueyor deales iustly, and the Tenant rest satisfyed, willingly to leaue, or r••dely to accept, as his owne iudgement agreeth or disagreeth with the things propounded. For this haue I obserued, that oftentimes Tenants consider not when they are kindly vsed, neither see they at all times when they are abused.

Farms.

Truly I beléeue you in part: for indéede there are euen amongst vs, to y^e Mannor wherein I dwell, officious fellowes, that to procure the Lords good opinion, will pry into mens estates, & indéede as you say, into y^e quantity, quality, & value of mens lands, and giue false information oftentimes, and I know it is a foule abuse,* 1.11 and of the two, I rather al∣low a true suruey, then a false report: for such fond fellowes as are thus busy in other mens causes, are of all mē least to be beléeued; for they speake always for affection or gaine: for they wil 〈◊〉〈◊〉 the value of them they loue, or haue gaine by, and aggrauate the same, as their hope is of the Lords reward: all this I know without your report. But what is that to the thing you charge poore tenants withall, that they art the cause of their owne hard measuree

〈…〉〈…〉.

Sur.

That can 〈…〉〈…〉, and I thinke I shall haue the whole world to witnes it for your further satisfaction, who can not your selfe be ignorant of the same thing; for you haue in part 〈…〉〈…〉 of whom you ••ast spake, 〈…〉〈…〉 case thē not all, nay, I ••••cuse none in particular for I haue seene and obserued among them a kind of madnes, as I may call it, but in the best sence it is a kind of ambitious, or rather auaricious emulation,* 1.12 wherein they striue one to outstrip another in giuing most: as where my selfe haue had businesse of this nature, namely, of letting, setting, or selling of land for yeeres or liues, being, or neere being determi∣ned, in farmes or other like, whereby the Lord hath bin at liberty to dispose therof at his will, for best ad∣uantage, by choice of a new tenant, Proclamation to that effect hath bin made in opē court, where I haue seene, and it is dayly in vse, that one wil outbid ano∣ther, as at an outcry in London, in so much as I haue wondred at their emulation, and could not haue as∣ked what they haue raysed it vnto themselues. And should any that is in authority in this case (who in duty is not to hinder the Lord, or the Lord himselfe) inhibit such hot spirits to clyme as high for the Lords aduantage, as the ladder of their owne will, and sup∣posed ability will reach▪ This is not as one Swallow in a Summer, but they are many, and euery where Winter and Summer, and yet are other mē accused and condemned for thē and their faults, if there will be a fault in itselfe: but I should thinke it greater madnes for a Lord, wilfully to refuse what is so vo∣luntarily offered, and so willingly by giuen. Now, who is the cause of raysing rents and fines?

Farm.

I know, such rash & ouer forward mē there

are in the world not a 〈…〉〈…〉 e••ery Mannor▪ who are especially priched forward to this reuelati∣on through enuy and a 〈◊〉〈◊〉, hauing mean•••• to at∣chieue their desires. But this bidding and out-bid∣ding is in things, wherein the Lord i•• at his liber∣tie to take a tenant whom holist. But in 〈◊〉〈◊〉 tenem••nts of inherit••nce the case is otherwise, where the rent is and the fi••e (for the most part) certain••, what needes the Lord haue this surueyd, or any free-hold lands?

Sur.

It is fit the Lord should know what hi•• tenant holde to, be it free or customary, though at this day there be a needlesse nicenesse in some free-holders of Mannors, who seeme to conceale their estates, and to kick against the view of their lands: but if they knew what they did, they would reforme that error.

Farm.

Call it you, an error, for a free-holder to refuse to shew his estate to the Lord, or not to suffer his land to be surueyd?

Sur.

I may well so call it, nay, I may call it a great fault, or an iniury done against the Lord, and hurt∣full to himselfe. There is none (it may be you know it) that holdeth of any Lord land, but he holdeth the same by some kind of rent or seruice, and when he comes to take vp his land after the death of his aun∣cester, or vpon purchace, but he doth or ought to do homage and fealty,* 1.13 or one of them, vnto the Lord of whom he holds it; the doing whereof, how cere∣monious it is, if you be a Tenant to any such land, you know, and wherein he maketh a solemne vow and oth, to be true Tenant vnto the Lord for the land he holdeth. And some••••mes the Tenant of such a Tenure, is forced to be ayded by his Lord for the same land, if he be impleaded for it: now, if such a Tenant refuse to shew his estate, or to permit his land to 〈◊〉〈◊〉 see••••, 〈…〉〈…〉, to ••e

true Tenant, and to 〈…〉〈…〉 are due vnto the Lord, among which, this,* 1.14 of permitting the Lord to know his owne, is not the least, nay, he ••••ght by his oth of fidelity, to further it by all meanes, both by his proper knowledge and e••idence, not only his owne, but other 〈◊〉〈◊〉 lands, and thereby he shall not only not preiudice himselfe, but he shall for∣tifie his title so much the more, by hauing his eui∣dence inrolled, and his land recorded ••n the Lords booke of Suruey, that when his heire shall take vp the land, or he al••en the same, it appeareth that he is true Tenant vnto such lands for such rent, and for such seruices: but there be so many scruples thrust into mens heads, by such as haue a pretended skill in matters of policie in this kinde, and Lords 〈◊〉〈◊〉 Mannors haue bene so remisse in taking knowledge of the things in this maner appertaining vnto them,* 1.15 that questions of Titles and tenures are dayly had and moued, to the great trouble oftentimes both of Lord and Tenant, as is seene by experience dayly as well of land holdē of the King, as of inferior Lords, which may be reconciled, if Tenants were not too curious, and Lords too negligent. Besides this, there are other reasons to mooue the Lord to know what land is holden of him, and by what title, rent, and seruice: for free-holders may forfeit their land, and their land may escheat vnto the Lord: if then he should be ignorant what land it is, where it lyes, and how much it is, he may be easily abused for want of records▪ and so are many Lords of Mannors, who for want of due knowledge of their tenants and of their land & tenures, other men are intitled to their right.

Far.

You haue said more then I heard or dreamed of, and it holdeth in some sort by reason, how it is by law I cannot dispute: but in all y^t you haue said, you haue not satisfied me in the thing before I spake of▪

touching the 〈…〉〈…〉 which (as I said before) 〈…〉〈…〉 ••ig••er then in former times, ••y your 〈◊〉〈◊〉.

Sur.

You strike alwayes one string, and I find the ••ound of your meaning, you would always 〈◊〉〈◊〉 ea∣sily charged in your ••i••es as might bed and in that I blame you not, 〈…〉〈…〉 mans case to beare as light a burden as he can. But if you remember what I spake before, touching the cause of this raysing of fines, where I prooued it came most by your owne meane, you may be the sooner satisfied in this, for it is in nature like the former. Although this kind of Tenant hath seldom any competitor to emulate his offer, because the Tenant leaueth cōmonly one ei∣ther in right of inheritance, or by surrender to suc∣ceed him, and he••by custome of the Mannor is to be accepted Tenant, alwayes prouided, he must agree with the Lord,* 1.16 if the custome of the Mannor hold not the fine certaine, as in few it doth: now this composition is commonly made by demaund of the Lord, and offer of the Tenant. The Lord asketh according to his conceit of the value of the thing, and eyther his knowledge must arise by his owne experience, or by information: the information is eyther by secret intelligence of same officious neighbour, or by due iudgement of an indifferent Surueyour, 〈◊〉〈◊〉, such a one as carieth equall re∣spects to Lord and Tenant. And although, as you alledge, former times did affoord Tenants more fauour in rating and arbitrating fines, as you sup∣pose, if you consider it well, it is now as then it was.

Farm.

There you much mistake you: for I will shew by auncient Court ••••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▪* 1.17 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 increa∣sed, 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 mar∣uell you will erre so much, pretending to be a 〈◊〉〈◊〉 of that reach, that men imploy you ••o ouer reach others.

Sur.

To shew you then ••n instance, looke into the Chronicle in the time of Henry the sixt,* 1.18 and you shall finde, that a quarter of Wheate was sold at Royst••n▪ in Hartfordshire for twelue pence: and I trust,* 1.19 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 ••••ane was then and there so cheape, and to rise since to this ra••••? it is very strange.

Sur.

Not at all:* 1.20 for since 〈◊〉〈◊〉 grew such emulati∣on among Farmers, that one would ou•• 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 ••••te as 〈◊〉〈◊〉 they be, and a Farmer gets as much by his Farme no••, a•• 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 dye••, and base attire,* 1.21 and held their children to some ••••stere gouernment, without haunting Alehouses, Tauerns, Dice, Cards, & vaine delites of charge, the case is altred: the Husbandman

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so publikely: for Vin•• mendibi•••• susp••••••sa heder a non est upos. A g••••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,* 1.22 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 accoun∣ted a Surueyor, as some Mechanicall men and Countrey-fellowes, that can measure a peece of Land, and though illiterate, can accompt the quan∣titie 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 accompt••, 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 Arithme∣tike can cast up the contents, which is a necessary point of a Suruey on office.

Farm.

Sauing your 〈…〉〈…〉, we poore Coun∣try 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 self•• a goodly Map for the Lord to looke vpon, better then a pain∣ted paper? And what is he the better to see 〈◊〉〈◊〉 out in colours? He can adde nothing to his land, nor diminish••ut••: 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 plo••••ing of your land,* 1.23 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 sud∣daine view; which tenants mislike, not that the thing it self•• 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-hol∣der for life▪ or by indenture for life or yeeres, hol∣ding these lands inter••••••••,* 1.24 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 de∣fault of a true suruey led guide them) appropriate vnto himselfe copy or leased land to a free, and espe∣cially hauing time ••nough to alter names and pro∣perti••••, to remooue meeres, and to call downe dit∣ches, 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 recon∣ciled. And I dare presume to say, that the want of due plots and descriptions of land in this forme,* 1.25 hath bin the occasion of infinite concealements, and losses of many mens land, and many intrusions and in••ro••hmen••s haue bin made, and to long continu∣ed, 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 instructiō.

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 mo•••• Mannors, if they be as y^t Mannor is wherein I am a Tenant: for I am per∣swaded, there hath not bin any view taken of it, or perumbulation made, or suruey had within the me∣mory 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 con∣tented: but I may tell you,* 1.26 if he did better looke into it, it would be better for himselfe and his hereaf∣ter, yet we wish he would let it rest as it doth, for we may do in manner what we list, and if a Sur∣ueyor 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 plot∣ting 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 paine∣full & industrious, & hauing this quality with the rest more necessary, he may be then called a Surueyour.* 1.27

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:* 1.28 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 Te∣nures 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 re∣quired in a Surueyor?

Sur.

Because they are imployd in such businesses as concerne greatest persons in their estates: for al∣though men be indowed, by the prouidence of God and in his ••ounty, with Honors, Mannors, Castles, houses, lands, tenements, woods, and other like reue∣nues, which indeed are the sinnewes and ligaments which conioyne & tye Honor and Habiliti•• together,* 1.29 yet if these be not managed, guided, and carefully continued and increased by a discreet & honest Sur∣ueyor, fo•• 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 Ho∣nor: & where Honor is without meanes, it wanteth the substāce, & hath only y^e shadow of it self to looke vpō.

Far.

It behaues not only men of Nobility, but in∣ferior mē also to looke vnto thēselues, for y^e preserua∣tion 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 him∣selfe 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 & exa∣mination, the true values & yearly possibilities of his Lords Lands, may be a good meane to retaine his Lord within compas of his reuenues,* 1.30 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 con∣ceit,

but I will proue it far otherwise, that measuring,* 1.31 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 cōfounded the marks & bounds of all the groūds 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 excellēt 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 cōfusion: many marsh lands néere the sea coast in Kent, Sussex, Essex, Suffolke, Lincolneshire, Cambridgeshire, & other Shires confining the Sea, or subiect to great waters,* 1.32 & 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 mēs lands, be confounded, this deuice might after the winning of these surrounded grounds a∣gaine, truly reconcile them, and allot euery mā his own▪ which otherwise will be impossible to bring to true appropriations. And this, in my conceit, is not the least part of your professiō, to lay out grounds in their true formes, that euery seuerall parcell may be distinguished frō other: for I know where great strife hath risen by confounding one Mannor with another, where y^e sea hath woon & lost groūd, & deuou∣red y^e true boūds▪ of which I am not alone witnes, & it is dayly seene, y^e questiōs do rise by like casualties,

where townes, houses, fields, woods, and much land hath béen and are dayly deuoured, and in some pla∣ces augmented, Riuers by force turned out of their right courses, vpon other confining lands; whereof time hath takē 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 tra∣uaile 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,* 1.33 many things plentifull a∣mongst 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 whi∣ther he went? and he said vnto him, To measure Ie∣rusalem, 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 cōfirmed vnto mē. But you may per∣ceiue 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 pro∣per 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 commaunded the children of Israel, that euery Tribe should choose out three men,* 1.34 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 Sur∣ueyors 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 ap∣poynt 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,* 1.35 or certaine vne∣quall 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 Con∣quest, the booke called Dowes day, lying in the Ex∣checker, 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,* 1.36 called Extenta Manerii: vpon which Statute, that learned Iudge Master Fitz her∣bert, hath written a little commodious and com∣pendious 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 sp••r••ie against it, but the malicious or ignorāt.

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 where∣unto you referre me. I beléeue you without f••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 i•• lawfull and expedient, and not any way hurtfull vn∣to y^e Tenants, if the Surueyor be skilfull & honest, and his information giuen by his assistants, which

〈…〉〈…〉, ••e true, and his help of the Lords 〈…〉〈…〉 ready:* 1.37 for these are the two pillers, vpon which a Surueyor must of force build his worke, information and record, as I take it, al∣though 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 lā•••• whose names he can reade, whose buts & boūds he can relate, but yet he sees not the way of himselfe to go to thē, 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 ap∣prehension is good in this businesse, and in deed the ayd of the Tenants is a good help in this case, especi∣ally when records are also present: for if record and their informatiō concurre, then is the Suruey or in the right way. But many times if the Surueyor can not help the Tenāts by his records whē they are at fault,* 1.38 he shall hardly finde which way his game goes: for a skilfull Suruey or carying his record in his hād, in his perambulation of a Mannor, shal after the first entry be able to guide himselfe, and go frō place to place, from field to field▪ euen by his owne euidence, if they be truly made, and the buts and bounds right, espe∣cially at the names continue vnal••••ed, and that the Tenants can 〈◊〉〈◊〉 it as he citeth it, and nothing then ••s required to be altred, but the names of owners,

who change often. And for this businesse, the fittest mē to accompany the Suruey or abroad, are the most auncient,* 1.39 and longest inhabitants within the Man∣nor, 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 re∣cords, doth not as behooueth. But I know, and haue found by tryall, that Tenants thinke it a hard impo∣sition,* 1.40 once in their life time to attend such a busi∣nesse, 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 thē 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 vpō 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 tene∣ments, or doing good to their neighbors, or secu∣ring 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 them∣selues.

Sur.

You say well, and therefore hath the Lawe prouided a punishment for those that will not doe their duties in this,* 1.41 or in any thing that the Lord hath to do within his Mannor, for ordering of his Te∣nants. And because Tenants should not be forget∣full of their duties, they were in former times, and may be still, summoned to the Lords Court euery three weekes. And the Lords remissnes in calling them, hath bred in many places a kind of contempt, whereby groweth their slacknes in times of their Lords seruice. But the Lord of a Mannor hath po∣wer to punish them, and they are remedilesse with∣out submission, if the paine be within the compasse that the Court will beare, which is large ynough to weary him that is most arrogant.

Farm.

You haue satisfied mée in many things whereof I doubted, you haue cleared the profession it selfe of many slanders, and for my part I will henceforth speake more sparingly, and aduise such as I heare too forward, to be better aduised. And were I perswaded fully, that I my selfe might be a Surueyor, & yet retayne a good conscience, I should wish I were also capeable of the same faculty.

Sur.

And if I were perswaded, that you would giue an indifferent care, and afford an impartiall censure of what I would deliuer vnto you, I could be contented to bestow some time, to shew you what were fit to be done, to the attayning vnto such a measure of knowledge in the same, as might inable you to steed your selfe and your friends in that kind of office.

Farm.

I would thinke it well, if I could attaine but to some part of this faculty, I would leaue the rest to better capacities: but my desire is farre from

it, I may not be 〈◊〉〈◊〉 that the practice is lawfull,* 1.42 for I would deale with nothing, where∣in I might stand fearefull that God alloweth it not.

Sur.

I like you well, I wish him that you seeme to feare, to fauour all your honest desires, and name, and that his blessing may follow euery our good indeuors: for whosoeuer vndertaketh any professi∣on, be it neuer so lawfull or expedient and necessary for Church or Common-wealth,* 1.43 and hath not the grace and fauour of God to guide him, he may for a time seeme to prosper in it, and to flourish and ruffle it out with showes of great blessednes, but it is but like Iozahs Gourd, that grew vp in one night very great and fayre, but withered the next day.

Farm.

That I thanke God I haue learned, and to tell you truly, for my part I had rather liue in a meane estate in my calling, frée from bribery, ex∣tortion, and wrong, seruing God, then to get infi∣nite wealth thereby, yea, although not the world, but mine owne conscience can reprooue me for it: for I sée,* 1.44 such riches continue not many generati∣ons, neither hath it a promise of any blessing, al∣though I know, that they that can so rise and flou∣rish, and braue it out, are the men best accompted of; for they are held wise and politike, and to haue skill in their profession, whe••eas others that beare not the minde to deale corruptly, can not keepe way with them in show, and thereby are condemned to be ••mp••e fellowes, and their honest ca••••age and 〈◊〉〈◊〉 ••••••ate in the world,* 1.45 maketh their 〈◊〉〈◊〉 to performe what they vndertake suspicious; 〈…〉〈…〉.

Sur.

You are in the right way of a good consci∣ence, which is a continuall feast, such a feast, and of such sweetnes,* 1.46 as the world can not see or vnder∣stand the same, but happy is hee whose conscience accuseth him not: for howsoeuer men may seeme to set a good face on euill actions, as if hee could not accuse himselfe 〈◊〉〈◊〉 his due examination of his owne heart, yet▪ it will come no passe that his con∣science will one day bewray it, to his intollerable terror, and hee shall bee forced to accuse, iudge, and condemne himselfe, without any further wit∣nesse. And this I tell thee is the end of all such as feare not God, and liue not vprightly and iustly in theyr callings: for it is not the calling it selfe that corrupteth the man, but the man may be cor∣rupted in his calling, and abuse his best profes∣sion▪ therefore I say, see that thou finde thine in∣clination apt vnto this profession,* 1.47 and in thy de∣sire thou tremble not to attempt the same, for some professions are more naturall then others to euery man, and all mysteries and sciences whatsoeuer, are attayned by some with greater facility and ease then by others; and some by small industry, study, and endeuour shall attayne quickly to that perfe∣ction in some faculty, wherein another shall neuer excell, liue hee neuer so long, and bee hee neuer so studious and paynefull.

Farm.

I finde mine inclination in conceit, pli∣able vnto this course of life, how it will succeede, must bee seene by practice: but that is the least doubt, all my feare is, whether I may do it and yet 〈◊〉〈◊〉 God▪

Sur.

Know this, that if thou be already of a godly conuersation, hauing the true feare of God sealed vp as it were in thine heart, and dost not desire this pro∣fession,

as Simon the Magician did, for lucres sake, di∣uine knowledge, thou mayst assure thee, this profes∣sion will not hurt thee, although the workeman is worthy of his hyre: for none will force thy labour for nought: dulci•• labor cum lucre. If men did not get by their honest paines, it were meere slauery to vn∣dertake any kind of faculty. But to come to the law∣fulnes of it,* 1.48 know, that it is the manner of the exe∣cution, and not the matter of the profession that woundeth the conscience. Euery man is not borne nor bound to one faculty or trade, neither consi∣steth the common wealth of one member, but of many, and euery one a seuerall office, too long to expresse them all in kinde. Is not the eye surueyor for the whole body outward,* 1.49 and the heart the sear∣cher within? And hath not euery common wealth ouerseers of like nature, which importeth as much as Surueyors?* 1.50 And is not euery Mannor a little com∣mon wealth, whereof the Tenants are the members, the Land the bulke, and the Lord the head? And doth it not follow, that this head should haue an o∣uersee•• or Surueyor of the state and gouernment of the whole body? And followes it of necessity, that the office is vnlawfull? An vniust officer maketh not the office vniust, no more then a crabbed face im∣paireth the faire glasse wherein it looketh, or a dusky cloud corrupt faire water whereon it lowreth. In case of Suruey of Land, against which you haue so much inueighed, if you consider it in reason, and make it your owne case, you will say perchance, The case is altred.* 1.51 You haue now peraduenture a small Farme, will you be carelesse and dissolute of the estate there∣of? will you not wey and consider with your selfe what Land is fit for Pasture, what for Arable, what for Meddow, and the like? and will you not com∣mand your seruāt to view it dayly, that no trespasses

be done therein, and to see vnto the hedges, ditches, fences, water-courses, gates, and such like? Will you not regard the estate of your Cattell, their number, health, and safety? And haue you not a continuall watch ouer all your seruants and children, and to the preseruation of things within and without? If you do thus in one small Farme, what would you do in ten? could you see vnto them all your selfe? If you had as many Mannors, would you sit at home and receiue the rents and fines that your Tenants would bring you, without consideration of the estate, or values, quātities or qualities of the things for which you receiue their money? And why haue you this care, or would you looke into these things? Is it not, because it is your liuing and liuelyhood,* 1.52 by which you and yours are maintained? And how much the more it is neglected, so much the more it decayeth: and if it decay in quantity, you can not continue e∣quall in quality. And can you therefore thinke it a hard course in that Lord (that hauing his Lands which are his liuelyhood, dispersed in diuers parts of the Realme, to which, through greater imployments of importance, hee can not personally resort,* 1.53 if hee could, it is neither his experience, nor fit for his cal∣ling to trauaile therein) to authorize and send such as may take view of his reuenues, and of the estates of his Tenants, who are by custome and law in many things bound vnto him, and that by such his substi∣tute, he may be truly aduertised of what he hath, and how his meanes do arise, that he may propor∣tion his charge and expences accordingly?* 1.54 and whe∣ther he be abused by his Tenants, or his Tenants by his officers, or one Tenant by another, or the Lord wronged by confining Lords, by intruding too far into his Lands, how rents be answered, and customs continued, how free-holders do performe their suits

vnto his courts, how his tenements are mayntayned and repayred, how his woods are preserued, his fishings, fowling, and prerogatiues mayntayned? All which, by how much the more they are neg∣lected and let run without view or suruey,* 1.55 so much the more doth the Lord weaken his estate, and preiudice his heyre: wherein, it can not be denyed, hee offendeth God, deceyueth the King, and de∣fraudeth the Common-wealth. God, in that he is carelesse of his blessings bestowed vpon him. The King, in that he wilfully disableth himselfe to doe hym the seruice he oweth him in body and goods: and the Common-wealth, in that he disableth him∣selfe to giue it that assistance, that his quality and place ought to affoord; and consequently, shew∣eth hymselfe vnworthie to ouersee matters of State and Common-wealth, that is carelesse to see v••to hys owne. Furthermore, where a due and true suruey is made and continued,* 1.56 there is peace mayntayned betweene the Lord and his Tenants; where, if all things rest betweene them confused, questions and quarrels arise, to the disturbance o•• both. In priuate familyes, if there be none to ouersee and to manage things domesticall, what disorders, what outrage, what vnciuill and vngod∣ly courses, and what spoyle and ruyne of all things doe follow? The lyke of necessity, where Tenants are left vnto theyr owne will: and yet, as the vn∣ruly companie in a family could be contented to bee masters of themselues, and to haue no con∣troulement. So Tenants can well brooke theyr Lords absence, and that they might be theyr owne caruers, and that the Lord should haue what they would yeeld of theyr owne accord. I speake not of the honestly minded: but where a multitude is without a guide or gouernor, there is disorder; and

disorder breedeth complaynts; and complaynts are vnsauory to a kind Land-lord, who must be forced for redresse, to punish the offendors: and the most offensiue will speake most of theyr wrong, and wyll soonest exclayme against any course that may keepe order. So that, to conclude, I affyrme,* 1.57 that it is most requisite and expedient for due order sake, that euery Lord of a Mannor should cause his Lands to be duly seene, and truly surueyd and certifyed,* 1.58 and once in seuen or tenne yeeres to haue it reuiewed: for the inconueniences that growe by the neglect thereof, are of so many kindes, and they so dangerous, (lyke the most perilous disease long concealed) that they worke contempt in the Tenants, and losse to the Lord. Now, to keepe this vpright betweene the Lord and hys Tenants, I thinke you can not deny, but a true and honest Suruey is necessary and lawfull, and may bee performed with a good and safe con∣science, and in the feare of God; if (as I haue sayd) the conscience bee not before stayned with the corrupt desire of vnlawfull gayne, and (as I sayde before) I thinke fewe or none wyll mislike the course,* 1.59 but such as are fare gone in some disease of deceyuing theyr Lord, which can not in∣dure to haue this kynde of salue to come neere theyr sore.

Farm.

Truly Sir, I know not how to answere you, but doo consent to that you affirme: For, for mine owne part I can not but confesse, I can finde nothing in mine experience to contradict your speech. But pitty it is that Surueyors should be ignorant, or vnhonest: for the one especially abu∣seth the Lord, and the other wrongeth both Lord and Tenants.

Sur.

But whether is there cause, in your conceit, to approue or reproue the profession, as it is simple in itselfe? Deliuer your mind plainely, leaue not a scr••ple in the minds of your neighbors, that haue exclaymed with you against them that neuer offen∣ded them, reproouing as much as they durst, Lords, for looking into their owne land: and vnlesse Lords were dead images or pictures of men,* 1.60 hauing only the name of Lords, and could not at all command their Tenants, that could neither heare, see, nor con∣sider what were fit to be done with their owne pro∣per reuenues, I can not but wonder, that any should spu••ne against them herein.

Farm.

I thinke you speake something too force∣ably against Tenants in generall: for surely all are not opposite to this course, though some be.

Sur.

I condemne none, but I reprooue some, that of mine owne knowledge haue giuen testimonie of their inward dislike, by their outward murmors, for what is done with an euill will,* 1.61 can not be sayd to be done at all. Such as come cheerefully to the seruice, are dutifull, and I hold it impiety to abuse them, but the vnwilling deserue little fauour.

Farm.

What should Tenants principally do in such a businesse?

Sur.

Nothing but that law, custome, and duty requireth at their hands, to giue their best ayd to the Surueyor,* 1.62 to trauell with him about the circuit, buts, bounds, and limits of the Mannor, to informe him of the same, and of euery particular mans land, and rent, to shew him their copies, leases and deeds, to the end he may enter and inroll thē all together in a faire booke, for the Lords vse, and for a perpe∣tuall record for themselues.

Farm.

For, information, and shewing the parti∣cular grounds and bounds of the Mannor, indeed is

fit, but for their euidences, as their copyes and lea∣ses, the Lord hath the Court-rolls of the one, and counterpanes of the other; and for f••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 ••••iuolous doubt•• 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 co∣pyes are recorded,* 1.63 may not copyes be abused after their entryes, or counterfetted in some things pre∣iudiciall to the Lord, as may also the Lease, as hath been found oftentimes, names and liues of men, par∣cels of Lands, dates of yeeres, and such like, ••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▪* 1.64 what ca∣sualty soeuer come to the same, he may be the bet∣ter 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 eui∣dence? 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 ser∣uice, or concealeth any thing that may further the same.

Farm.

This I can not deny, although indéede

some ••oly fellowes will 〈…〉〈…〉 doubt héerein, but I sée it is to good purpose, and for our better security,* 1.65 to do all things requisite in this bu∣sinesse, 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, to∣wards the exact performance of this seruice, and that the Surueyor should know the quantities, qualities, and indifferent pain•••••• of euery mans Tenement and Lands, their rents, seruices, cu∣stomes, wor••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 mind••▪ all which may be done by Tenants with a good conscience, both by relation in Courts, and in the perambula∣tion: 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 misen••ring by the Surueyor, may be erroneous, and the ouer-racking,* 1.66 vrging▪ and ouerburdening the Tenants by the Lord, may be extortious. These things may fall out by meanes of an vniust and vn∣skilfull Surueyor, and a couetous Landlord. And the feare of this maketh the Tenants to exte••••ate the values, and to smother the truth of things to their soules danger: therefore happy are those Te∣nants, 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,* 1.67 and their Lords fauorable to them, so should the Tenants be defended by their Lords, and the Lords fortified by his Tenant••, 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 free∣dome, then in former times,* 1.68 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 bon∣dage 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,* 1.69 and in the copyes of theyr owne auncesters, and many seruile works haue been due and done by them, and in many pla∣ces 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 freehol∣ders as customary Tenants, as both in most of their copyes and deeds is expressed by these words, Pro¦••editu & seruitiis vnde prius debit. & de iure consuet.* 1.70 which proueth their tenures in a sort to be condi∣tionall: which condition if it be wilfully broken by the obstinate carriage of any such Tenant, he indan∣gereth his estate.

Lord.

It were hard, if for not doing some small seruice vnto his Lord, a man should forfeit his li∣uing.

Sur.

And it were very foolishnes in a Tenant, for wilfull refusall thereof, to indanger the ••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 Te∣nant 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 remem∣brance of them,* 1.71 and so the Lord loseth his inheri∣tance: 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 king∣dome, that hold in fee quillets of Land, and some Manno••s, know not how or of whom they hold; so that hereby Lords of Mannors, of whom these quil∣lets were heretofore knowne to hold,* 1.72 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 pro∣uidence in the other to continue what is due; and if by age or impotencie the Tenant be disabled in person to performe his seruice,* 1.73 to craue dispensati∣on, or to do it by another; and if the Lord be farre off and can not be present, to substitute one to re∣ceiue 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 edu∣cation: 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,* 1.74 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 possessi∣ons, 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 im∣ployment, 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.

Notes

• * 1.1

  Surueying rashly con∣demned.
• * 1.2

  Faculty.
• * 1.3

  Friuolous obiections against the Suruey of Lands.
• * 1.4

  The faulty are afraid to be seene.
• * 1.5

  Tenants may be sayd to be the Lords men.
• * 1.6

  A rash cen∣sure.
• * 1.7

  The Lord of a Mannor, vnder the King, is head of his Te∣nants.

  A Lord, why so cal∣led.
• * 1.8

  The innocent neede not fear•• to be locked into.
• * 1.9

  Priuate in∣telligencers, and not ho∣nest Suruey∣ors, giue false informations to their Lords.
• * 1.10

  The course of an honest Surueyour.
• * 1.11

  Officious In∣formers dan∣gerous for Lord and Tenant.
• * 1.12

  Tenants stri∣uing in low∣ing and bid∣ding, inhan∣ceth fines and rents.
• * 1.13

  Homage and fealty by free-holders.
• * 1.14

  A needlesse ••icenesse in free-holders to shew their deeds and lands to the Lord, or his Surueyour.
• * 1.15

  Some Lords too remisse in surueying their land.
• * 1.16

  Information hurtfull in fines of land of inheritāce customary.
• * 1.17

  Former fines and rents, and the pre∣sent, not vn∣equall.
• * 1.18

  Iohn Stow.
• * 1.19

  Wheat at twelue pence the quarter.
• * 1.20

  Rents of lād, and prices of things grow together.
• * 1.21

  The causes why things haue growne to this extre∣mity.
• * 1.22

  The perfe∣ction of a Surueyors office consi∣steth not in one part.
• * 1.23

  A plot of land neces∣sary.
• * 1.24

  Great abuses that grow by Farmers and tenants that are free∣holders.
• * 1.25

  Want of plots of land pre∣iudiciall to Lords.
• * 1.26

  Tenants commonly wish not for surueys.
• * 1.27

  Who is a Surueyor.
• * 1.28

  What a Sur∣ueyor must be able to do.
• * 1.29

  Reuenues the sinnewes of Honor.
• * 1.30

  A discreet Surueyor may be a good meane to manage the Lords reuenues.
• * 1.31

  Plotting of land, and measuring, is very aun∣cient.
• * 1.32

  Grounds subiect to surrounding, fit to be plot∣ted.
• * 1.33

  Euery mat∣ter in mo∣derne vse among men, can not be prooued to haue had vse in holy Scriptures.
• * 1.34

  Ioshua 18. Surueying prooued by Scripture.
• * 1.35

  Euery man can not e∣qually diuide Lands into many parts.
• * 1.36

  3. Edw. 1. Extenta Manerii.
• * 1.37

  The Lords records, and the Tenants informatiōs, are the pil∣lers of a suruey.
• * 1.38

  The Suruey or by the Lords re∣cords may in some things guide the Tenants.
• * 1.39

  The aunci∣entest Te∣nants fittest to guide the Surueyor.
• * 1.40

  Tenants vn∣willing to accompany the Surueyor.
• * 1.41

  The law pu∣nisheth Te∣nants that will refuse to ayd him in his Suruey.
• * 1.42

  A good minde.
• * 1.43

  No profes∣sion without the feare of God can prosper.
• * 1.44

  The brauest is accompted most skilfull.
• * 1.45

  The simply honest, most suspected.
• * 1.46

  Though the wicked seeme not to see their owne errors, God seeth them, and will dis∣couer them.
• * 1.47

  Some are na∣turally incli∣ned to some profession.
• * 1.48

  The manner of the execu∣tion, not the matter exe∣cuted hur∣teth.
• * 1.49

  Surueyers of the body.
• * 1.50

  A Mannor is a little Common-wealth.
• * 1.51

  Priuate and meane men suruey their small things, euen their little Farme••.
• * 1.52

  If reuenues decay, a mās estate de∣cayes.
• * 1.53

  Great States∣men can not suruey their owne Lands.
• * 1.54

  The charge imposed vpon a Surueyor.
• * 1.55

  Wherein ho∣norable per∣sons do of∣fend, in neg∣lecting their reuenues.
• * 1.56

  True surueys continue peace be∣tweene Lord and Tenant.
• * 1.57

  The faulty will first finde fault.
• * 1.58

  A Suruey must be re∣nued once in seuen or ten yeeres.
• * 1.59

  None mislike true surueys, but decei∣uers.
• * 1.60

  Lords that will not looke to their owne Lands, are as dead images.
• * 1.61

  Euill will is neuer duti∣full.
• * 1.62

  What Te∣nants should do in the Lords sur∣uey.
• * 1.63

  View of Euidences necessary.
• * 1.64

  Entry of deeds conue∣nient for the Tenant.
• * 1.65

  The Tenants duty.
• * 1.66

  What things are euill in a suruey.
• * 1.67

  The princi∣pall causes of instituting Mannors.
• * 1.68

  Tenants ar now in con∣ceit more free, then in former times.
• * 1.69

  Auncient bondage.
• * 1.70

  Euery infe∣rior estate is conditionall.
• * 1.71

  The Tenants seruice is parcell of the Lords in∣heritance.
• * 1.72

  Discontinu∣ance of ser∣uice hurtfull to the Lord.
• * 1.73

  Seruice of the Tenant.
• * 1.74

  Lords and Tenants are bound each to other.