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 the Lord of a Mannor, and a Surueyor: where∣in 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. (Book 2)

The second Booke. (Book 2)

Lord.

FRiend, of late I met with a Tenant of mine, who told me you are a Sur∣ueyor 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 bea••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,* 1.1 and ey∣ther 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 Te∣nants,

and the Tenants be neuer so inclinable to do true duty to their Lord,* 1.2 they may be both misled by an vnskilfull Surueyor, to the vniust condemna∣tion 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 dis∣course 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 parti∣cular will readily permit. And it may be, that you that pretend little knowledge in the arte, may ap∣prehend both the truth of the thing,* 1.3 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 Sur∣ueyor 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 altoge∣ther ignorant of the things required in the busi∣nesse, 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 skil∣full, fo•• then I néeded not yo••r seruice, as of quan∣tities, qualities, values, validities of estates, te∣nures, customes, and other things incident to a Mannor, which are not in all Mannors alike, the true discouery whereof belongeth to the Suruey∣ors off••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 def••nition of a Mannor, whereof it consisteth, how, when, and by whom it was erected, with o∣ther such things as shall be expedient for the Lord of a Mannor to know the particulars whereof I will leaue to your relat••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,* 1.4 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,* 1.5 Wood, Meddow, Pasture, and Arable: It is compounded of demesnes and seruices of long continu∣ance. As touching the beginning of a Mannor, and the institution thereof, the beginning of Mannors was,* 1.6 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 i••••on∣sideration 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,* 1.7 and such as were infeoffed, were called Tenants: Lord, in respect of gouernement and commaund; and Te∣nants, in respect of their tenures, and manner of hol∣ding 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:* 1.8 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,* 1.9 but the demeisnes they cal∣led Inlands, and the seruices Vtlands, so that it dif∣fereth only in name, but in Iurisdiction little or no∣thing at all.

Lord.

Whereof is it called a Mannor?

Sur.

There is some differēce of opiniōs whēce the wo••d Mannor should be deriued: it is in Latin called Manerium,* 1.10 yet a word not vsed among the Romans or ancient Latins, & therfore to find the etimon by it, can∣not 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, Maner••, which signifieth to abide, or remayne in a place, as the Lord and his Tenants did in this, wher∣of the head house, or the Lords seate was called Berrye,* 1.11 which signifieth in the Saxon toong, a dwel∣ling place, which continueth yet still in Hartford∣shire, and in diuers other places, and is also taken sometimes pro castro, which was also the seate of the Lord of some Mannor••. Mannor houses were also, and yet are called in some places,* 1.12 Halls, as in Essex, and Northward: Courts and Court-houses West∣ward, 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 im∣properly, 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 Pre∣dia,* 1.13 Graunges. It may also take name of Mainer, to gouerne and guide, because the Lord of the Man∣nor had the managing and direction of all his Te∣nants 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,* 1.14 to gouerne a hous∣hold: for euery of the Tenants had his family, and of diuers of them and of the Lords family did a Man∣nor 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 compe∣tent 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,* 1.15 and could erect whatsoeuer seruices, this would not become a Mannor, because all these must haue long continu∣ance, 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 gouerne∣ment 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 cōmencement 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 conti∣nuance, 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 Man∣nor, parcell of the same Mannor?

S••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?

S••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 extin∣guished, 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 extin∣guish the annuity, doth not that Land come in place of the annuity, and so become parcell of the Man∣nor, 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,* 1.16 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,* 1.17 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 par∣cell of the Mannor, forasmuch as in my vnderstan∣ding, 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,* 1.18 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 Man∣nor 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 satis∣fact••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,* 1.19 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.* 1.20

Lord.

Then me thinks, the Mannor loseth the name of a Mannor:* 1.21 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 Seig∣nor••, 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 distin∣ctions, for they will be still two in nature, howsoe∣uer 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 pra∣ctise 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 con∣tradiction,* 1.22 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 stan∣deth 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, Tene∣ments, 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 de∣meisnes 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 de∣meisne: what is that you call parcell in seruice?

Sur.

* 1.23All those lands, tenements, and heredita∣ments, which yeeld rents of Assize, as rents of free∣hold, copyhold, or customary land: all which are par∣cell of the Mannor, yet no demeisnes.

Lord.

But are not all customary land copyhold land?* 1.24 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 Cou••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 Te∣nants 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,* 1.25 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 conuent: but what say you to the Rents of Assize? What meane you by Assize?

Sur.

Truly, for my part I take it to signifie, set in certainty:* 1.26 for these kind of rents are as in the begin∣ning, neither risen nor falne, but doe continue al∣wayes one and the same, and only they and none else can be properly called rents of Assize.

Lord.

I thinke you take it rightly: and are all rents of one kind?

Sur.

No: there are properly three kinds, as rent

seruice, Rent seck, and Rent charge.* 1.27

Lord.

These termes are strange to me, though I be Lord of many Mannors, and no doubt, I receiue rentes of euery of these kindes, but how to distin∣guish them, I can not tell. And whether I haue bin abused by mine Officers or no, I know not: for they neuer told me of these many kindes of rentes, and therfore let me intreat you, for my satisfaction, a little to explaine their seuerall natures?

Sur.

These Seuerall rentes are paide vpon seuerall considerations,* 1.28 and haue seuerall grounds and com∣mencementes, and are diuersly to be leuied and re∣couered if they bee denied. That which is called Rent seruice, is so called, because it is knit to the te∣nure, and is as it were a Seruice, whereby a man hol∣deth his Landes, or Tenements. As, where the Te∣nant holdeth his Lands, by Fealty and certaine rent, or by Homage, fealty, and certaine rent, or by any o∣ther seruice and certaine rent, the rent is called Rent seruice: for, as the Seruice followeth a Tenure, so the Rent followeth the seruice. And if this rent bee behind, the Lord of Common right may enter and distrayne for it. The Rent charge is so called, because when a man graunteth any Land, whether it bee in fee-simple, ••ee tayle, for life, for yeares, or at will, and in his deede reserueth a rent, with clause of dis∣tresse for non payment, by vertue of this clause, the Land is charged with payment of the rent, by ex∣presse wordes, and by force of it the Lord may dis∣traine for his rent behind.

Lord.

This kind of rent is at this day, I thinke, most common: for fewe will graunt Land,* 1.29 but they will make such prouision, that the Land shall stand charged with the rent.

Sur.

It is true, for at this day, there can be no rent seruice raysed, because it cannot bee without

a tenure, which can not be at this day created.

Lord.

What is that you call Rent seek?

Sur.

It is a bare rent reserued vpon a graunt, wherein there is no mention made of charging the Land by distresse,* 1.30 and it signifieth redditum siccum, a dry rent, for the recouery whereof the Land is not charged.

Lord.

Few such rents are now adayes, for a man had n••ede to make all the prouision he can to secure his rent, and yet he may be driuen to try his vtter∣most meanes to recouer it. But you haue satisfied me also touching these rents: now let me intreate you to shew something of o••••er things incident vn∣to a Mannor, by which the Lord receiueth profit or prerogatiue.

Sur.

Profits may rise by infinite meanes and wayes out of a Mannor to the Lord,* 1.31 but all Mannors yeeld not profits or commodities alike neither in na∣ture, or value.

Lord.

I thinke indéede all Mannors are not a∣like profitable to the Lord, neither hath euery Man∣nor like meanes, yet I desire to know for my expe∣rience sake▪ what may grow out of a Mannor, that I may the better looke into the natures & qualities of such as are vnder my power and comm••••nd.

Sur.

If you haue a Mannor or Mannors, there is (as I sayd before) a Court Baron at the least, incident thereunto, and to some a Lee••e, or Law-day, which is called the view of franck pledge,* 1.32 by which Courts do grow many, and diuers perquisites and casualtyes, as fines of land, Amerceaments, heriots, rehefes, wayues, estrayes, forfeitures, escheates, profits growing by pleas in Court, and such like.

Lord.

You may doe well to shew mée, though briefly, what euery of these former things doe pro∣perly import, for to tell me the names, and not the

natures of the things, is, as if I should know there is a Sunne, but whether he giue light and heate, to be ignorant. Therefore before you passe further in any discourse, shew me how fines of Land doe arise vnto the Lord, and what amerceaments are, and the rest.

Sur.

Fines of Land are of sundry kindes,* 1.33 and yet properly and most especially they arise of copyhold, or customary Lands and Tenements, which are in diuers Mannors of diuers kinds: for there are cu∣stomary Lands, which are called copyhold of inheri∣tance, and they are such as a man holdeth to him and his heires, according to the custome of the Mannor, at the will of the Lord. When such a Te∣nant dyeth, and the heire commeth to be admitted (if the custome of the Mannor beare a fine certaine) he giueth but the accustomed fine: If it be vncer∣tayne and arbitrable, he agreeth and compoundeth with the Lord, or Surueyor, or Steward, for the fine. Some hold Customary Land for liues, as for one, two, or three liues, whereof the fine is alwayes at the Lords will, as is also the fine for yeeres. There are also fines for licences of Surrenders of Custo∣mary Land, and for alienation also of free-hold Land, and these are called Fines, which signifieth as much as a finall composition:* 1.34 and when the fine which is the end of the contract is answered, all but the yeerely rent during the terme agreed vpon is payd. These and such like summes of money raysed a•• a Court••ar••••, are parcell of the pe••quisites of the Court, as are all amerceaments, which are summes of money imposed vpon the Tenants by the Stew∣ard, Surueyor by oth and presentment of the ho∣mage, for default of doing sute, or for other misde∣meanours punishable by the same Court, infinite in number and quality.

Lord▪

Whence taketh the word Amerceament name?

Sur.

Of being in the Lords mercy, to be punished more or lesse,* 1.35 crumenally at the Lords pleasure and will. It is no doubt, a borrowed word, as many o∣ther words vsed in our common lawes are: for hee that is amerced, is sayd to be in misericordia, that is, in the mercy of some body.

Lord.

These wordes may be vnderstood by vse, and by the manner of the vse of things: but he that should seeke the etimon, among the Latines, of the substantine Amerc••••mentum, and the adiectiue Amerciatus, might seeke long, & be neuer the n••ere. But I perceiue, we must take it as our ••athers first framed it and left it, I vnderstand what it mea∣neth in our common sence, and that sufficeth.

Sur.

Other words, not a fewe, in like sort to bee vnderstood, we find in vse amongst vs, which doubt∣les the Romans neuer knew: and yet they that haue to do with the things wherein they are vsed, vnder∣stand the meaning, although their deriuations be strange, as amōgst others it is questionable, whence the name of a heriot may be deriued.

Lord.

* 1.36That would I be glad to learne•• for I haue to doe sometimes with Herio••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. I•• may be•• said, and most likely it is, that it should come of the word H••rus,* 1.37 a Lord and Master: and Heriot•••• belonging to the Lord. And it was in the begin∣ning a thing for the warres, as the best Horse a man that died had at the time of his death.

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Sixe Control•• 11/26 maketh a Barony. 25600. acres, whose reliefe is 100. Marks.* 1.38 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 in∣creased, and diminished, as men are in disposition to spend, or saue, to adde to, or to dismember their pa∣trimonies. But these were the proportions at the first institution of these particular allotments, and the de∣nominations 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 cer∣taine reliefe to be paid, according to the first institu∣tion 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,* 1.39 & in the fugacie of the thiefe, he le••ues them behind him for want of conue∣nient carriage, or conueyance, being pursued; and wheresoeuer such goods are, they are y^e Lords of that Mannor o•• liberty wherein they are foūd, if the pre∣rogatiue 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:* 1.40 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 ••••ken.

Lord.

Well then, as long as we vnderstand the meaning, by the vse it sufficeth, without further ex∣amination, or disputation about the word it selfe. But how is it to be 〈…〉〈…〉 goods? for it may be as 〈◊〉〈◊〉 casually l••st, as 〈◊〉〈◊〉 stolne.

Sur.

Therefore when any such thing is found within a Mannor,* 1.41 the Bayliffe, or other the Lords of∣ficer, 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 estraye•• 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.* 1.42 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,* 1.43 Tenants would too boldly make waste•• •• 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 giuē them, they shew little com∣passion:

And if I knew you were a man desirous to take aduantage in this kinde, I would be•• sparing to discouer any thing tending to that liberty: for, I well conceiue, that the lawe did not to much pro∣uide, to enrich the Lords of Mannors, by their Te∣nants forfaytures, as to keepe Tenants in good or∣der,* 1.44 and to restraine them (with feare of losing their Tenements) from rash and wilfull abuses. And therefore in all forfaytures, there are diuers circum∣stances 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 for∣biddeth to take aduantage, though the second be worthy to suffer some smart: for negligēce 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 cōmitted wilfully or malici∣ously, 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 pu∣nished 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,* 1.45 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 tres∣passes 〈◊〉〈◊〉 wrongs hee hath done against him.

Lord.

You are out of the matter, wherof our talk••

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 lea••ing the aduantage, vnto such as haue the power to pu∣nish 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 Suruey∣our,* 1.46 to be an instigator of the Lords extremities to∣wards his Tenants: though I confesse he ought to do his vttermost indeuour to aduance the Lords bene∣fit in all things fit and expedient, yet ought his coun∣saile and aduice to tend no further, then may main∣taine obediēce in the Tenants towards their Lords, and loue and fauour of the Lords towards their Te∣nants, which being on all side•• vnfained, neither of them shall haue iust cause to complaine of, or to vse r••go•• to the other, for it is not the actor himselfe of any extremity, that is only to be reprooued, but the abetter there unto: and if I wist that any Lord, who shall ••••quire the vse of my poore trauaile••, would ex∣pect more at my hands, then the performance of my duty with a good conscience, I had rather leaue then take the reward for such a trauaile. Neither do I find that you, howsoeuer you reason of this poynt, will commit any act towards any Tenants you haue, that may not be iustified by the law of loue: there∣fore I leaue further to perswade or disswade you herein.* 1.47 And as touching the matter and manner of forfeitures, I pray you vnderstand, that they be of di∣uers kinds, and diuers wayes committed for in some Mannors it is lawfull to do that, as ••ath in others in∣curr••s a forfeiture. Forfeitures grow either by br••••ch of a custome, as in Customary or copy hold Land, or of a condition or promise in a Lease or graunt, of which last, the Tenant can not say he did not thinke it was so, because the meaning is expressed in his

deede: but of 〈…〉〈…〉 in some sort ignorant 〈…〉〈…〉 them to leade them.* 1.48 But for the most part causes of forfeitures are apparent, and knowne of all within a manner; as non payment of their rent, not doing his ser∣uice▪ 〈…〉〈…〉 where cu∣stome inhibits it,* 1.49 letting his 〈…〉〈…〉 to f••ll 〈…〉〈…〉 the Lords 〈…〉〈…〉 waste, and such like, which as I sayd before▪ are not alike in all places, and therefore it is most conuenient that the customes of euery Mannor were knowne, and the Tenants made ac∣quainted with them, that when question groweth for any cause of forfeiture, they may not say they knew it not: for Lords commonly know better how to take aduantages of such casualties, then the Te∣nants know how to auoyd them.

Lord.

You speake that is reason, I confesse. But may a Lord enter immediatly vpon a forfayture?

Sur.

The forfayture must be first presented to the homage at the next Court holden for the Mannor,* 1.50 and there found, & recorded, & then hath the Lord power to shewe Iustice or mercy. It were inconue∣nient, that the Lord should bee iudge in his owne cause; and ••his present caruer of things doubtfull. And therefore hath the Lawe ordained, in all con∣trouersies, euen in these inferiour courts, a iust man∣ner of tryall by Iury.

Lord.

May none, but Copyhold Tenants, for∣fayt their land?

Sur.

I shewed you before, that Tenants by deede indented for life or yeeres, may forfeit their estates, but that is by couenant or condition expressed in the deede, according to the prescript agreement made, and interchangeably confirmed betweene the Lord and his Tenant.

Lord.

What is an Escheat for▪ as I remember, that followeth in your formerly r••cite•• perqui∣sites of Court.

Sur.

* 1.51Eschete is, where a freeholder of a Mannor committeth felony, the Lord▪ of whom his Land is holden, shall haue his Land, and that kinde of forfey∣ture is called escheat.

Lord.

The Lord may then enter immediatly in∣to this Land, because the lawe hauing tried the fe∣lony, it casteth the Land vpon the Lord••

Sur.

The King hath it for a yeare and a day, and then commeth it vnto the Lord, and his heires for euer.

Lord.

Is this all the causes of escheats?

Sur.

* 1.52Escheat may also be, where a Freeholder, Te∣nant in ancient demeisne, and a customary Tenant of in∣heritance, dieth without heire generall or speciall, & none of the blood comming to claime the same, it falleth vnto the Lord, by way of escheat.

Lord.

This then is immediatly the Lords, and the King hath no part, or time therein, and with∣out any further ceremony, he may enter & dispose of that his pleasure.

Sur.

* 1.53It must be also first sound, and presented by the homage of the Mannor whereof it is holden: and after proclamation made to giue notice vnto the world, that if any can come and iustly claime it, hee shalbe receiued, the homage then finding it cleere, doth intitle the Lord therof, as a thing escheated for want of an heire.

Lord.

You speake of an heire generall or speciall, what difference is there▪

Sur.

The heire generall, is of the body of the de∣ceased, and the speciall, of his bloud or kinne.

Lord.

So haue you satisfied me thus farre: nowe what say you to the pleas of Court? for I remember,

it is part of that you before spake of▪

Sur.

It is true: they are parcell of the Perquisites of Court.* 1.54

Lord.

Whereof commeth the word Perquisites?

Sur.

Of the word Perquir••▪ (as I take it) which signifieth to search for: or to enquire diligently, as also to get or obtaine.

Lor.

It may well be so: for these things before rehearsed vnder the name of Perquisites, are all casu∣all, and not at all times alike: and therefore may be called Perquisita, things gotten by diligent enqui∣••••e. And to that end, so many things are giuen by the Steward to the Iury of a Court Baron, & Lee••e in charge,* 1.55 that they should diligently enquire of them, finde them, and present them: and yet scarcely one of forty, of the seuerall things, where∣with they are charged, are found by the Iurie. And some things happen at one Court, that happen not againe in twentie Courts after: and therefore are also called Casualties, as happening now and then, as I conceiue it, hauing little experience in them.

Sur.

Yes: it seemes you haue the better part of experience, namely, comming in of the profite of the things: where some know the same, but they know them as appertaining to others, not to themselues. But of this nature are the profits that arise by Plea•• of Court, which because they are diuers, and doe di∣uersly arise, there need•• no long relation of them.

Lor.

Are there no other Perquisites of Court, but such as you haue already remembred, nor other 〈…〉〈…〉 Mannor▪

Sur.

There be many other profi••s that may grow also vnto a Lord of a Mannor: yet they not certaine, nor in all Mannors alike.

Lord.

Then are they also casuall▪ and may ••e called also Perquisites of Courts, 〈…〉〈…〉

Sur.

* 1.56Casuall: But no•• perquisites of Court, yet fo••••e of them may be called perquis•••• in some sence, because they bee gotten by search and inquitie, as those that are hidden in the earth: as Treasures, which, as long as they lie vnknowne, benefit not the Lord: but when they are found, they are called Treasure troue, as Siluer, Gold, Plate, Iewels, and such like,* 1.57 before time hidden, which appertaine vnto the Lord. So doe minerals of Lead, Ti••••e, Copper, and such like: And quarries of stone, Free-stone, S••a••e-stones, Marking-stones, and all such: which may long lie vndiscouered▪ As may also Col••, Lime, Chalke, and such: for which search being made, are haply found: yet because the benefite is vncertaine vpon the present, and what continuance and vent it may afford, they may passe vnder the name of Perqui∣s••••es,* 1.58 and Casualties: as may also Fishing and Fowling, vnlesse the Lord can bring the same to bee a certaine con••••••uing rent: Then are they no more casuall du∣ring the graunt, but are in nature of other rents cer∣taine. And of these kinds, are infinite other things, incident to some Manors, but not to all. As the pro∣fits of Faires, and Markets, Woodsales, sales of heath, flags, and Turburie, pa••••nage and such like. All which are in themselues vncertaine, as touching the value, vnlesse they be turned into a rent cer∣tāine.

Lord.

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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 ••et, can not be reuoked a•• pleasure▪

Lord.

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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 experi∣ence, what may bee made of any such thing by the yeere: for such is the wa••y dealing of some,* 1.59 that haue the guiding of things of this casuall nature, that they will obserue the conditions and qualities, circum∣stances 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 qua••rebled by the lessees own confession. The like of a Sa•••• 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 ••ēt, though the lessee gain▪ for the trauaile and hazard in these vncertaine

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whereby I may apprehend truly the full estate of my Mannor as belieeue 〈◊〉〈◊〉, and what commodi∣ties do rise, or may by any meanes lawfully be rai∣sed 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 a∣mēts perfect & straight, being deformed & crooke••?

Lord.

I know your meaning: I like no such flat∣terie, 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,* 1.60 for I ought not be partiall: for these are the things wherein in••u••••e may be done to the tenants: neither will I, for I ought not cōceale or counterfeit their estates, terms of yeeres, liues, couenants or conditions, rents, ser∣uices, forfetures or offences, neither whatsoeuer pro∣fites, 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 af∣ter 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 Man∣nors 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 grea∣ter.

Lord.

How may that be?

Sur.

Diuers Lordships yeld extraordinarie co∣modities,* 1.61 some vnder the earth▪ some of the earth, some aboue the earth: as Ti••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,* 1.62 to yeld such a commoditie from vnder the barrenest soile, to supplie the want thereof in plates more fertile, of o∣ther things more behoouefull for the reliefe of man. And yet in many of ••hese barraine places, groweth by the diligence of man, corne in aboundance, as the Psalmist sayeth:* 1.63 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.

Whe••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,* 1.64 hee promised by Ezechiel, that their desolate places, and high Mountaines, should bee tilled and sowne. But he maketh a fruitfull land bar∣raine, for the sinnes of them that dwell therein. So that whether God send his blessings vnder the earth, vp∣on the Mountaines, or in the Vallies, whether in grasse for Cattle, in herbes for the vse of men, whe∣ther in Wheate, Oyle, or Vines: he truly int••tleth none vnto them, but such as feare to offend him, and shewe thankfulnes.

Lord.

Though these words digresse from our pre∣sent matter in hand somewhat▪ yet it is good, that

both Lords and tenants should know and acknow∣ledge indéed, frō whom all these good things do pro∣céed. For although they come,* 1.65 some from vnder the earth, some of the earth, and some aboue the earth, they ••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 i••: 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,* 1.66 Co∣pras, Salt-P••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, inci∣dent to a Mannor

Sur.

Yea, and amongst all the rest of the priuiled∣ges 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,* 1.67 and disposition of their lands in their minori∣ties, 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 re∣misse, as that I presented such as were not fit for y^e fun••tion, which I thinke is your meaning: & there∣fore 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.

* 1.68The 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,* 1.69 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 com∣monly vsed, is improper, namely, to call ••uch an he••••e, a ward: it is more proper to say, he is in ward, or as the Law••er sayes, a ward.

Sur.

I take it as y••u do.

Lord▪

But what is the reason that the Lord shuld haue the land to his owne vse? why rather do not y^e profits redound to y^e vse of y^e heire in his minority.

Sur.

This kind of wardship had some reason for

it in the beginning. For you must vnderstand, that he whose sonne or daughter is to be thus guarded, and his land to be disposed by the Lord, was in his life time bound, by the tenure of his land, to do man∣ly and actuall seruice in person in the time of warre: or to keepe a castle, ••ith some kind of warlike wea∣pon, in the time of war and peace. And these kinds of capital seruices were called either tenures in capite,* 1.70 as holden of the king, who is the chiefe E••••nage vncer∣taine, grand seri••••••tie, or some other like seruice, and was called seruici••m mi••••tare, seruice of a soldier, now called knights seruice. These seruices were not to be discontinued, for to that end, were the lands first gi∣uen by the king and other inferior Lords of Mānors, that they might haue the continuall seruice of their tenants. And therefore whensoeuer the tenant of such a tenure died, hauing none to supply the place of like manly seruice, the heire being vnder age, and not of power, the Lord was and is supposed to be bound for the defence of the Realme, to performe the seruice by a person, for whom he must answer in the heires minoritie. And because the charge was in former times great and dangerous,* 1.71 and the land gi∣uen 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 & sup∣ply of the seruice, to haue the vse & profit of his land, vntill he became able to performe the seruice him∣selfe 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 tou∣ching Wards▪ Mag. cart. ca. 4.7. & 28.* 1.72 Ma••l. cap. 6.7.8. &c. Westm. 1. Westm. 2. and many Statutes since, to which I refer you, too long here to relate.

Lord.

What néeded you then giue such a strict caueat touching Wardes?

Sur.

Truely, to put Lordes and others, into whose hands they often happen, in mind to be care∣full of their education and disposing: because many inco••uenienc••s follow, if their Guarders be not faith∣full, and prouident for their wel bestowing.

Lord.

How, in bestowing?

Sur.

* 1.73In mariage. For the Lordes haue the mari∣age both of the Male and Female, if they bee vn∣maried 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 iudge∣ment▪ they bewray their dislikes too late. And some∣times their education is so slenderly regarded, that when they come to gouerne themselues and their familyes, their estates and patry monies, they disco∣uer what their education was, good or euill.

Lord.

There bée thrée especiall ends whereunto the good education of such an Infant should send.* 1.74 The 〈◊〉〈◊〉 and principall, is the feare of God, in true Religion: the second is, the benefite that the Com∣mon-wealth shall reape, by his vertue and suffici∣encie: the third and last, the abilitie by which hee may gouerne his familie, and manage his patrimo∣nie, for his best maintenance. But what can you now say, touching the second of these chiefe points? Namely, the presenting of Clarkes vnto Ecclesi∣asticall 〈◊〉〈◊〉▪ 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,* 1.75 whose function is high, and diuine.

Sur.

The reason why these Lay-lords of Mannors do pres••n••, as aforesaid, is in right of the Parsonage,

Vicarage, or free Chappell, belonging to their Man∣nors, & where the Lord of the Mannor is very and vndoubted patron of such an Ecclesiasticall gift, hee may make his choice of the parson, or vicar. Alwayes prouided, by diuine ordinance & humane institu∣••ions: he must be Idoneus, fit for the place.

Lord.

But lye th••t in the Lords power, onely to nominate and present such a one? and is it then suf∣ficient 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 in∣stituted 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 consci∣ence to be very circumspect in his choice. For i•• any carnall consideration mooued him to the partie, he standeth not cleare before God, into whose steade he intrudeth himselfe after a sort in this case. But if he do it in a godly zeale of the good of Gods church, he will ayme onely to the vertues of the man,* 1.76 and not to any humane respect. For, although the party haue an higher probation namely, by the Bishop, that is especially of his literature, which is easily found by examination▪ But his qualities, conditions, and con∣uersation▪ by time and experience, and that most the present or haue good triall of,* 1.77 before he either name him, or present him. For he is as it were the hand, that reacheth him forth to be receiued of the church. A matter farre higher and of g••eater moment, then euery man that couers ad••ousons for such presentati∣ons sake, can reach vnto by their rashnes. For if they weyd the matter in the ballance of diuine iudgment, they should find their vnderstandings far too light to performe it as they ought. For if he proue vnprofita∣ble,

of scandalous to the Church, as too many doe, he that presented him so vnaduisedly, will fearefully answere it in time to come.

Lord.

Now surely, although peraduenture some may thinke these things digresse much ••••ou•• mat∣ters of Suruey, yet I hold thy wordes within the compasse of it, for these are necessarie obseruations and admonitions to vs that are Lords of mannors, and ••o whose lot it often falleth to performe this worke. And I hold thou hast in this, done no more thē a•• honest Surueyor should, 〈◊〉〈◊〉 aduising men, to be wary how they dispose of this part of their patri∣mon••e.

Sur.

Sir, I hold it neither part of their patrimo∣nie,* 1.78 nor part of a mannor, neither a thing vnto them of any aduantage to their person: but a thing apper∣taining vnto the Mannor, i•• such sort as the Lorde may dispose of it, as before is sayd: and the greatest benefite is, that he may vpon the vacation, appoint a worthy man to teach himselfe, and his tenants, which as I cōceiue it, is a sweet gain: for by the godly Minister, he and they may gaine heauenly riches.

Lord.

As thou sayest, it is a great benefite, nay, it is a high blessing to haue a godly teacher of y^e peo∣ple: and it is a blessing of God an him, that h••uing a godly care, findeth, nameth and presenteth such a one: and wo to him, that negligently or wilfully doth the contrarie. But what say you •••• impropria∣tions? for they also are within the compasse of a Suruey,* 1.79 where the Lords take the tithes and nomi∣nate a Minister, Vicar, or other hireling, and he (of∣tent••mes vnworthy) serues the turne, as is com∣monly obserued in too many places of this Realme.

Sur.

I know too many such, the more to be lamē∣ted, & that in Mānors of great value, & parishes ve∣ry populous: whose continued ignorance of diuine

duties, bewrayeth the originall to proceede, first from that Satanicall beast, to foster monasticall idlenesse. And as a matter too high for me, to aime at the 〈…〉〈…〉 formation, I reuerently leaue to their 〈…〉〈…〉 haue authoritie to reproue it, and power to reforme it.

Lord.

〈…〉〈…〉 is there to be consi∣dered, touching the 〈…〉〈…〉

Sur.

Nothing Sir, that I now remember: but a matter almost out of vse, a tenure called Villanage:* 1.80 that is, where the Tenants of a Mannor were Bond∣men and Bondwomen, the men were called Villaines, and the women Neiffes.

Lord.

It hath a base title: A Villaine is an appro∣••rious 〈◊〉〈◊〉, howsoeuer it tooke beginning.

Sur.

As the word is how vsed and taken, it is in∣deede a word of great dishonor: but the time hath beene, the word hath bene of no such disgrace. And it is now but as the thing is ment by the speaker, and taken by him to whom it is spoken▪ although some say, that a villaine is quasi ser••u••: which name indeed is of a more tolerable construction in our common sence, then is now the name of 〈◊〉〈◊〉, which is in∣deed no more then villanus,* 1.81 a Rustique or Countri∣m••n, which word is in sence contrary to Ci••es, or 〈…〉〈…〉 that since the Conquest by the Nor∣manes, these villaines became bondmen: for where the Conquerour came and preuailed by force,* 1.82 there the Countrey people became Captiues and Slaues. But Kent, which was not subdued by the sword, but by composition, retained their freedome still, as did also many Cities.

Lord.

Why then should the name villaine bée so odious, if it 〈◊〉〈◊〉 but a Countriman: for there are many honest▪ ciuill, and wealthy Countrimen?

Sur.

Because they indured, vnder that name, ma∣ny

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too much fruga••itie, and that he needes not to care for getting more, he hath no rent to pay, but some to receiue which will maintaine him: and when he is gone, all is gone, spending is easier then getting. And thus by little and little roweth himselfe and the hope of his posteritie vnder water, in the calme weather. Whereas he, that hath a rent to pay, is not idle, neither in hart nor hand:* 1.83 he considers the rent day will come, and in true labour and diligence pro∣uides for it, and by his honest indeuors, and duti∣full regard, gets to pay rent to his Lord, duties to the King, reliefe to the poore, and maintaines his estate more pleasing to God, more obedient to the King, more profitable for the common-wealth, and more truly contented in minde, then sometimes his thriftlesse Landlord. I inferre not yet by this Sir, that because they sometimes thriue well, that liue vpon rackt rents: therefore you Landlords, should impose the greater rent or fine: that were to doe e∣uill, that good might come of it, nay rather, to doe euill, that euill may followe: for if there bee not a meane in burdens,* 1.84 the backe of the strongest Ele∣phant may bee broken. And the best and most care∣full, and most laborious, and industrious husband, may be ouercharged with the rent of his Land. Hap∣pie therefore is that Tenant, that meeteth with a considerate Landlord, and happy is that Landlord, that may see his Tenants prosper and thriue, and himselfe haue his due with loue. And on the contra∣rie, I thinke it will bee very vnpleasant to a good minde, to see his Tenant to be ouercharged, and be forced to fall vnder the burden of ouer-heauie an imposition.

Lord.

Wel, I haue heard all thy discourse with pa∣tience: and indeede my desire was to heare thee in these things, and I mislike not any thing in thy

whole relations, and thy conclusion is not amisse, though perchance some young nouices of the world might censure thee: reason will not but alow wh•••• thou hast sayd. And I wish that all the Tenants that I haue, may liue vnder me with comfort: for to tel the truth, I had rather buy a smil••, and a good report of my faithfull tenants,* 1.85 somthing to my losse, then to get their frownes to my gaine. For there is no comfort in a discontented people, though some haue said: Rustica gens, optima flens, pessima gau∣dens: which may hold among Infidels, and vnde•• Tyrants, but not among Christians, that should not grieue one another.

Sur.

I am right glad, Sir, you are of so qualified a disposition, your example may do good to others, if not, it will giue euidence against the contrarie min∣ded in time to come. And so for this time I must in∣treate you, I may take my leaue of you. I will attend your other occasions foorthwith.

Lord.

That is my will. But who comes yonder?

Sur.

I take it is your Tenant, that lately departed from vs.

Lord

So it is, I will leaue you two together: far•• you well. You know the place•• where mine occa∣sions will draw you, and in the meane time I will make you a warrant to go in hand with it.

The end of the second Booke.

Notes

• * 1.1

  All that pro∣fesse it, are not Suruey∣ors.
• * 1.2

  Ignorance in Surueyors, dangerous.
• * 1.3

  Some not ha∣uing the name of Sur∣ueyors, may haue the skill.
• * 1.4

  A man may erre in what∣soeuer arte.
• * 1.5

  What a Mannor is. Perk. fo. 127
• * 1.6

  The begin∣ning of Man∣nors.
• * 1.7

  Lords and Tenants why so called.
• * 1.8

  When Man∣nors began.
• * 1.9

  Inlandt. Vtlandt.
• * 1.10

  Whence a Mannor ta∣keth name.
• * 1.11

  Berrye. quid.
• * 1.12

  Halls. Courts.
• * 1.13

  Predi••.
• * 1.14

  Mesuage, whence it taketh name.
• * 1.15

  A Mannor may not be made at this day.
• * 1.16

  22. Edw. 4.44.
• * 1.17

  22. lib. ass. 53.
• * 1.18

  26. H. 8.4.
• * 1.19

  Euery Man∣nor may keepe a Court Baron.
• * 1.20

  35. H. 8.
• * 1.21

  A Mannor may lose the property, and so the name. Fitzh. 3. C. A Seignory.
• * 1.22

  How two di∣stinct Man∣nors may be made one.
• * 1.23

  Parcell in seruice.
• * 1.24

  Copy and cu∣stomary Lād, and their difference.
• * 1.25

  Conuentio∣nary Tenāts.
• * 1.26

  Rents of As∣size, why so called.
• * 1.27

  3. kindes of Rents.
• * 1.28

  How euery kinde of rent is to be payd.
• * 1.29

  Rent charge most common at this day.
• * 1.30

  Rent seek.
• * 1.31

  Profites of Mannors are infinite, and in all Man∣nors diffe∣rent.
• * 1.32

  Profites of Court.
• * 1.33

  Fines of land.
• * 1.34

  Fine why so called.
• * 1.35

  Amerce∣ments.
• * 1.36

  Heriots.
• * 1.37

  Heriots whence so called.
• * 1.38

  Mag. Cart. Ca. 3. An Earle∣dome.
• * 1.39

  Waynes, or wayned goods.
• * 1.40

  Waife, whence deriued.
• * 1.41

  How to prooue way∣ned goods.
• * 1.42

  Forfeitures.
• * 1.43

  Forfeitures fit to curbe offendors.
• * 1.44

  The chiefe end of for∣faytures.
• * 1.45

  A good meane to make Land∣lords sparing to take for∣faytures.
• * 1.46

  The part of a good Suruey∣our.
• * 1.47

  Forfaytures diuers in dy∣uers Man∣nors.
• * 1.48

  A custome∣ro•• necessary
• * 1.49

  Causes of for∣feytures.
• * 1.50

  How and when a Lord may enter after a for∣feiture.
• * 1.51

  What es∣cheates are.
• * 1.52

  Escheat for want of heri∣ots.
• * 1.53

  How es∣cheates are found.
• * 1.54

  Perquisites of Courts.
• * 1.55

  Perquisites, why so cal∣led.
• * 1.56

  Perquisites, but not per∣quisites of Court.
• * 1.57

  Treasure troue.
• * 1.58

  How casual∣ties may be∣come cer∣taine.
• * 1.59

  Policie in Bailies, and ouerseers.
• * 1.60

  A Surueyor should be e∣qual betwen Lord and te∣nant.
• * 1.61

  Commodi∣ties vnder the earth.
• * 1.62

  The wise∣dome of na∣ture.
• * 1.63

  Psa. 70.16.
• * 1.64

  Psa. 104.13. Ezech. 36.9. Psa. 109.3, 4.
• * 1.65

  Lords and tenants must acknowledge all to come from God.
• * 1.66

  Things made of the earth.
• * 1.67

  Wards. Presentatiōs
• * 1.68

  The word Ward, whence takē.
• * 1.69

  Wards what they are.
• * 1.70

  What tenure drawes wardship.
• * 1.71

  The cause.
• * 1.72

  Statutes for the confirma¦tion of ward∣ships.
• * 1.73

  Mariage of Wards.
• * 1.74

  Three ends wherevnto the good e∣ducation of Wards ten∣deth.
• * 1.75

  Why lords of mannors doe present Clarks.
• * 1.76

  No carnall consideration must moue a Lord to pre∣sent a Clark.
• * 1.77

  What a Pa∣tron must consider in his choice.
• * 1.78

  A Parsonage or Vicarage no part of a Mannor.
• * 1.79

  Impropria∣tions.
• * 1.80

  Tenure in villanage.
• * 1.81

  Villaine quid.
• * 1.82

  Villains came by conquest bondmen.
• * 1.83

  The farmer cares to pay his rent, and labors for it.
• * 1.84

  Happie is the Tenant, that hath a good Land∣lord.
• * 1.85

  A good re∣solution in a Landlord.