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 Farmer and Surueyor: wherein is shewed the manner and method of keeping a Court of Suruey: with the articles to be inquired of, and the charge how to inroll Copies, Leases and Deeds, and how to take the plot of a Mannor. (Book 3)

The third Booke. (Book 3)

Farmer.

YOu are happily met here againe, Sir, haue you euer since had conference with my Landlord?

Sur.

Yea.

Farm.

He is a man of good vnderstanding, and very inquisitiue of things of profite. And yet to tell you truly, he is a good man to his tenants.

Suruey.

Loue him then, for such deserue loue.* 1.1

Farm.

He is beloued of his tenants indéede: for they will go, and ride, and fight for him.

Sur.

It is the part of good tenants, and an argu∣ment of a good Landlord. But fare you well, I can∣not now stay, I haue bene long letted by your Land∣lord and you.

Farm.

Are you presently to vndertake the suruey of my Landlords Lordships?

Sur.

I am now going about it.

Farm.

I thinke it be in your choice where to be∣gin, let me therefore intreate you to begin with Beauland, a Mannor of his here at hand, whereof I am both tenant and Bayly: and therfore I will and must attend you, and yéeld you my best ayd, both by my trauell, information, and records of the Mānor.

Sur.

Keepe you the Lords records?

Bay.

The key is in my keeping that leads to the Chest, but the key of the Chest is in my Lords kéep∣ing: but I will send for it, that you may haue y^e full view of the euidence.

Sur.

* 1.2So it behooueth. Is it a large Mannor?

Baylie.

It is spacious in circuit, and of great ap∣parance of Tenants, full of diuers commodities, both vnder and aboue the earth, as also of fishing, and fowling, and beareth not the name for nought: for the Mannor is faire, and very commodi∣ous.

Sur.

Be you then my guide: Is yonder it, with the faire house by the Woods side?

Baylie.

That is it, and a stately house it is in∣deede.

Sur.

It seemes to be a large and loftie cage, if the Bird be answerable.

Baylie.

What meane you by that?

Sur.

I meane, that a Titinus may harbour in a Peacockes cage:* 1.3 and yet the cage maketh her not a Peacocke, but will be a Titinus, notwithstanding the greatnes of the cage: So if this loftie Pyle bee not equalized by the estate and reuenewes of the buil∣der, it is as if Paules steeple should serue Pan••ras Church for a Belfrey.

Baylie.

I thinke my Landlord sent you not in∣stea••e of surueying his Land, to deride his house.

Sur.

The house is beautifull and faire: I deride it not, you doe your selfe wrong in attaching mee, neither discommend I the builder. For he that hath gold enough, let him build a house of gold, with Ner••,* 1.4 who made vnto it a pond Mari•• i••st••r, and woods full of all kind of wild Beasts. Publius Clodius whom Mil•• slew▪ bought a house which cost him 147000, Sest••rties. Let Princes haue their Palaces,

and great men, their pleasant seates: for the poorest will please his fancie, if he be wilfull. But to tell thee by the way, (for this is but idle communication) that I haue obserued in nothing more sudden and serious repentance, then for building:* 1.5 I could point out pla∣ces and persons too with my finger, but what needs that? I wish their repentance could redeem the thing repented of, but it cannot, no more then Quintus Curtius could redeeme himself out of the deuouring gulfe. We haue in our dayes many and great buil∣dings, a comly ornament it is to the face of the earth. And were it not that the smoake of so many chim∣neyes, did raise so many duskie cloudes in the aire,* 1.6 to hinder the heate and light of the Sunne from earthly creatures, it were the more tolerable.

Bayly▪

Nay truly, I will excuse that fault, the fire is made most in the kitchin.

Sur.

Then it besmoketh not the hall, as old wor∣thie houses did, whose kitchins smoake sent foorth cloudes of good meate, and showres of drinke for the poore.

Bayly.

Yea, Sir, that was a comfortable smoke: but Tempora mutantur, & omnia mutantur in illis: no earthly thing continueth constant, but hath his change. Lo, Sir, now you are come to the house it selfe.

Sur.

Truly, here is a pleasant ascent,* 1.7 neither too steepe, nor too flat, and of a good length. And now we are come to the top of the hill: here is a goodly prospect and pleasant. And these springs I like well. For a house without liuely water, is maymed: and the water is well conueyed, that it cannot annoy the foundation of the house, and yet serueth the most necessarie offices very commodiously: and I see the Conducts are made of earthen pipes,* 1.8 which I like farre better then them of Leade, both for sweetnes,

and continuance vnder the ground. The trees are well placed about the walkes, but that they are som∣what too neere together, their branches confound one the other, they are but twenty foot, and I like better, thirty. It standeth warme and comfortable toward•• the South-east, to which the best lights are made fitly to serue: but i•• the ground would haue serued, I like plaine South, the better point for the comfort of the Sunne, at all times of the yeere. And nature hath planted this wood most commodiously in the North side of the house. And it is delicately aduanced vpon the edge of the hill: it is not possible to seate a house more delightfully, for Winter and Summer, in mine opinion. Now, if vpon view of the dem••••snes, and the rest of the parts, it be not found like vnto a child borne in Chesshire, with a head bigger then the bodie, I shall like it well. Now to our businesse: you are Bayly, take this Precept, and sum∣mon the tenants to make their appearance, accor∣ding to the purport of the same.

The forme of the Precept.

THese are to will, and in the name and be∣half of the Lord of this Mannor,* 1.9 to require you, to gi••e notice and warning vnto all and singular the tenants of the same Man∣nor, that they make their personall appea∣rance on Munday next, being the tenth of this instant ••une▪ at the place where the Lords ••ourts of this Mannor are vsually kept: And also to warne them, and euery of them, to bring with them all such Deedes, Copies, Leases, & other Euidences, wher∣by they, or any of them do hold or claime

to hold of the Lord of this Mannor any lands, tenements, or hereditaments: And that they then and there shew, or cause the same to be shewed vnto the Lords Suruey∣or, at the Court then and there to be holdē for that purpose, and to giue their further attendance, as occasion of the seruice shall require. Whereof faile you not, &c. Dated the 3. of Iune, in the fourth yeare of the raigne of our Soueraigne Lord, Iames by the grace of God, King of great Brittaine, France, and Ireland, &c.

Per I. N. Superuiss.

To the Bayly of the Mannor of Beauland, or to his Deputie.

Commonly the Lords of Mānors do direct their letters of warrant vnto the tenants, vnlesse the Sur∣ueyor be a knowne Surueyor by patent, and perfor∣meth the seruice, when and where he thinketh most fit for the Lords vse.

The order of a Court Baron being perfor∣med (for a Surueyor hath not power to ad∣minister an oath ex officio, vnlesse he be a Surueyor by patent, or by commission out of the Chancerie or Exchequer, Duchie Court, Court of Wards, or such like) by a particular Steward, or by the Surueyor, who for the time may supply the Stewards office and the charge of the Court Baron ended, the Surueyor may proceed to his admoni∣tion and charge, to the effect follow∣ing▪

First, taking note of the names of euery tenant, both Free-holder, Copy-holder, Leaser, & tenant at will in a paper, to whom (after they be sworne) the Surueyor may say:

You that haue bene here presently sworn to per∣forme our vttermost duties, in al the things that are & shal be giuen to you in charge, do, or at least you may conceiue, that as the Court Baron (the charge wherof you haue already heard) is with you ordina∣rily twice a yeere, & (if the Lord wil) euery 3. weeks: this kind of Court, which I haue now to admonish you in, tending to the suruey of the Mānor, hapneth not (perchance) in the time of a mans age, thogh the Lord hath power, & (no doubt) occasion to keepe it oftner. You must therfore shew your selues so much the more diligent in this, by how seldome you are troubled therewith. And it behooueth you to call to mind, what by oath you haue assumed to performe, namely, all that shall be giuen you in charge, wherof part hath bene deliuered vnto you alreadie: which being so ordinarie amongst you, it must needs be more familiar, thē the things you haue seldom heard of. And for that this busines of Suruey stretcheth a li∣tle further then the Court Baron, let your du•• attentiō and examination, and faithfull presentation witnes your true affections to the persons, & ends to which the purpose of our present meeting at this time ay∣meth. The particulars inquirable are many, and of many kinds: but the persons and ends few. The first is God, in whose presence we all stand: who loueth truth frō the inward parts, that is, when the action & the wi••l concur, & hateth dissimulation. The second is the King, whose we al are, vnder God, whose lawes we are to follow, as well in this busines, as in any o∣ther: for that it tendeth to the seeking and settling of

truth, (the mother of true peace) betweene you and your Lord, in giuing both to you and him, what is e∣quall and iust. The third, is the Lord of the Mannor, whose you are vnder God & the King: and therfore requireth at your hands at this time, equall dealing, neither to discouer for malice, nor to conceale any thing for fauour to either party. The fourth, is your selues, whō you can in no better sort befriend in this action, then to keepe your hearts & lips pure, in cō∣ceiling or vttering: for there is as great a danger in conceiling truth, as in vttering a falshood. And ••here is no such burden, as the burden of a guiltie consci∣ence, which is laid on no man, but of himself. And lastly, the persons to be considered in this businesse, are your posterities, whom your true or false relatiōs will either helpe or hurt. The ends wherunto it ay∣meth, are first, to explane vnto the Lord of the Man∣nor, what is his by the examination of your estates, rents, & customes, and to establish you in all things that are rightly you••••: both which being truly found, & duly recorded, cānot but preserue amitie between you and your Lord: which should be the principall end of all indeuors. And sith God is the first and the last, and wil be present in the beginning, in the mid∣dle, and in the end of all your consultations, and will be a witnes for you, or against you, euen in your most secret counsels, set him before the eyes of your harts: so shall you tremble to conceale truth, or vtter fal∣sitie, whether it be with or against your selues, or dea∣rest friends▪ yea, or the Lord of the Mannor himself▪ whose purpose in this seruice is, that the manifest truth might be confirmed, the hidden reuealed, and errors abandoned. And all this lyeth in you, and at your hands it is required to search, and by searching and examination, to find out; and found, to deliuer and present the whole, and not a part of your sin∣cere

knowledges, for from your mouths must that be taken and had, which must be recorded for the direction of your posterities as a perpetuall glasse, wherein the estates of all the particulars within this Mannor, may be at all times seene and confirmed: wherein you shall discharge your duties to God, who commaunds, and commends truth: to the King, who by the sword of his Iustice, maintaines truth: to your Landlord, who desireth only to knowe, & haue his owne: to your selues, who by this meanes shall possesse your owne in peace: and to your posterities, who by this your trauaile, diligence and true infor∣mation, shall partake of your sincere and faithfull seruice, being inrowled, and recorded vnder your names, to your perpetuall commendation: where∣as if you delude me, and abuse the Lord of the Man∣nor that hath sent me, I by your sinister informati∣on may commit error, and leaue it to your posteri∣ties by record: yet shall I be free of the wrong, and you shall answere it. And if you should frame any defence against the seruice, and plead either igno∣rance, or shewe obstinacie, pretending thereby to stand dispenced of your oath, because you doe it not, you deceiue your selues: for the seruice is so insepe∣rably knit to your tenures, and your tenures to the Lord of the Mannor, deny or refuse to doe the one, you forfeit the other: howsoeuer some may say, that they are freeholders, & they are customarie Tenants of inheritance, which in their conceit implyeth a kind of freedome: let them not deceiue themselues, their estates are conditionall, as both by their deeds and copies, they may bee easely resolued, by these words: Habendum sibi et haeredibus suis (in the deed) advoluntatem domini, secundum consuetudinem mane∣rii (in the copie.) In both pro reditu et seruici••s inde prius debitiet de iure consuet. And because some of

you doe not (perchance) vnderstand the meaning of the words: thus they signifie, that you are to hold your Tenements, to you and your heires, &c. For such rent, and doing such seruices, as haue beene heeretofore due, & of right accustomed. Is not this a condition? for if you pay not the rent, or denie the seruice, you are at the Lords mercy to be compelled. I doe not thinke therefore that any of you, of any discretion, will aduenture the losse of his intrest, for not performing a seruice at his Lords commaund, that tendeth also to his owne benefite, and to no pre∣iudice at all. The end therefore of all mine admoni∣tion is, to mooue you (being a thing of common right) to shewe your selues like vnto your selues, true and faithfull Tenants vnto the Lord, concur∣ring all in one minde, to doe the Lord this seruice in loue, and the Lord, no doubt, will recompence it with like fauour, although there be no recompence due, for that which dutie bindeth to be done. By this meanes you shal confirme your owne strengths, by gaining & retaining the Lords kind countenāce: and he againe shall bee the more fortified, by your true affections towards him: for what a ioyfull thing is it, for Lord and Tenant to dwell together in vni∣tie? Now hauing thus prepared you to attention vn∣to the matters of your charge: I will heere reade, & explaine vnto you such Articles, as shall be for your instruction, and leaue them with you in writing for your better memorie: for I know, and haue often found, that a bare deliuerie of many words, and of diuers things (as in the charges commonly giuen in Courts Baron, and leet••) euen to cares well prepa∣red, may be little effectuall, lesse to him that hea∣reth, and regardeth not: but least of all to him that will not heare at all. Such hearers there are of di∣uine things, but many more of humane of this kind:

but were they matters of carnall pleasure & delight, they would be both heard and practised: And ther∣fore I the more moue you to attend vnto the things which I now am to deliuer vnto you.

The substance of the charge of a Court of Suruey, contained in the Articles following.

* 1.101 First, as no doubt you all know, that A. B. Knight, the reputed Lord of this Mannor, is the true & vndoubted owner of the same, and of all the lands, meddowes, pastures, and other hereditaments with∣in and belonging to the same: And that you, and euery of you do hold your lands belonging vnto this Mannor of him:* 1.11 if not, who hath the interest and right of the same, to your knowledges?

2 You shall duly and diligently set downe, or shew vnto the Surueyor in his perambulation of the Mannor,* 1.12 all the circuit, buttes, bounds, and limits of the same, and vpon what, and whose Mānors, Lord∣ships, lands, and parishes it bordereth on all partes. And whether any confining Lord, or his tenants, do any where intrude or incroche vpon this Mannor, where it is, by whom, & how much is so incroched.

As for the bounding of the Mannor, it is fittest to be deliuered vnto the Surueyor, when he treades the circuit, & that the best experienced tenants accompany him for information, and some of the youth, that they may learne to know the bounds in times to come.

* 1.133 Whether there be any other Mannor or Mā∣nors, lying within the limits or circuit, or extending in part into this Mannor, what are the names of the Manners, and who are owners of them, & how they are distinguished from this Mannor. And whether this Mannor do any way extend into, or lye within any other Mannor.

It is often seene, that one Mannor lyeth within another, and intermixed one with another in such sort, as the true circuits, buttes, and bounds, become confounded: necessarie therefore it is, that their distincti∣ons should be carefully obserued and recor∣ded, for oftentimes one is deuoured, or o∣therwise iniured by the other, when Lords are remisse, and Tenants carelesse, to bring that to certainty, which is or may become doubtfull.

4 What Freeholders there are within, or doe be∣long vnto, and hold their land of this Mannor,* 1.14 what are their names, what land hold they, what rent pay they, by what tenure doe they hold, and what serui∣ces owe they to the Lord?

The negligence of Lords in the due conti∣nuance of the substance of this Article, hath bred preiudice to many: for where Free∣holders dwell out of the Mannors, whereof they hold and pay vnto their Lords but a small acknowledgement, as a rose, a pepper corne, a Ielsoflower, or some such trifle: or are to doe some seruice, at times whereof in ma∣nie yeeres hath beene no vse, they haue not beene looked for, neither haue their sutes beene continued for long time, insomuch as they and their tenures haue growne out of memorie, and their seruices out of vse, and other Lords haue intitled themselues to the land, and the right Lord lost all possibi∣lities of estate, wards, marriage, &c. As cō∣mon experience maketh more plaine, by the daily questions and sutes, which rise, when profits apparent, may growe by any of the former casualties.

And therfore it is most necessary to haue al∣waies a true sute roll, whereby the Steward should euery Court call the Freesuters by name, & to expresse what rent he should pay and what seruices he ought to do, & that at the death of euery suter, his heire with the land, rent and seruices, would be inserted in his steade. The profit that will hereby grow vnto the Lord and tenants, is manifest, and this roll is to be made by the Surueyor, and to be indented, the one for the Lord, the o∣ther for the tenants, vpō view of euery Free∣holders land.

* 1.155 Whether you know, that any Free-holder with∣in, or belonging to this Mannor, hath committed any felonie or treason, and hath bene thereof conui∣cted, the Lord not yet hauing the benefit of the for∣feiture: or whether hath any such tenant died with∣out heire generall or speciall: If so, who hath the pre∣sent vse and possession of the land, and by what right▪ what land is it, where lyeth it, how much in quanti∣tie, and of what value?

It is a great defect in the Suruey of a Man∣nor, which remaineth to posterities, being inrolled or ingrossed for perpetuall memo∣rie, when the Suruey or doth superficially passe ouer the obseruation of the lands of euery Free-holder, their tenures, quantitie of land, the place where it lyeth, the rent and seruices. For vpon sundrie necessary oc∣casions, the Lord is to seeke in euery of these: and some are worthie, because they loue not to be at charge to find out and con∣tinue that which is not presently profitable.

* 1.166 Whether doth any Bastard hold any land

belonging to this Mannor, as heire vnto any, what is his name, what land is it, and where lyeth it, and what is it yearely worth?

A Bastard, though he be knowne to be the son of that father that leaueth him the land, cannot inherit 〈◊〉〈◊〉 hareditario, but by con∣ueyance. Neither, if he purchase land in his owne name, can any inherite it after him of his supposed bloud, vnlesse he be maried, and haue children lawfully begotten to in∣herite. Because it is contra formam Ecclesia, as appeareth more at large, Merton. cap. 9. For a Bastard is no mans, or euery mans sonne.

7 What Demeysne lands hath the Lord within or belonging to this Mānor, what & how much woods,* 1.17 vnderwoods, medow, pasture, arable, moores, mar∣shes, heathes, wastes, or sheepe walkes: And what is euery kind woorth yeerely by acre, how many sheepe may the Lord keepe vpon his walke winter and sommer, and what is a sheepe-gate woorth by yeere, and what is euery acre of wood woorth to be sold?

Although this Article, and sundry other hereafter mentioned, be in substance ena∣cted by a Statute made Anno g. Ed. 1. cal∣led extenta Mannerii, to be inquired of by the tenants, yet it is the part and office of a Sur∣ueyor, to see, examine, & iudge by his own experience & knowledge, euery particular, comparing the Iuries presentment with his own opinion: so shall he more truly attaine to the true vnderstanding of the things he seeketh: and the more if he discreetly feele the minds of forraine inhabitants, that are ignorant of the cause of his inquisition.

8 What demeisne Lands hath the Lord lying in the common fields of the Mannor,* 1.18 howe much in euery field, and euery furlong: And what is an acre of field arable land worth by yeere? The like you are to present touching demeisne meddow, lying in any common meddow within the Mannor.

9 Also you are to present the names of all your common fields: and howe many furlongs are in euery field,* 1.19 and their names, and the common meddowes, and their names. And what beasts, and sheepe, eue∣rie Tenant ought to keepe vpon the same, when the corne and hay is off. And what a beast gate, and sheep gate is worth by yeere. Also at what time your field; and common meddowes are layd open: and howe are they, or ought to be vsed. And whether is it lawfull for the Tenants, to inclose 〈◊〉〈◊〉 part of their common fields or meddowes, without the licence of the Lord, and consent of the Tenants.

This Article is duly to bee considered, first in setting downe in certainty, what euery man is to keepe vpon the fields, and com∣mon meddowes, because iniury is daily done by some of greatest abilitie, to the meaner sort, in oppressing the fields, with a greater number of Cattle, then according to a true proportion will fall vnto their share, which is very e••tortion, and a pun∣nishment is to be inflicted vpon the offen∣ders.

Also inclosures of common fields, or meddowes in part, by such as are most po∣werfull and mighty, without the Lords li∣cence, and the Tenants 〈◊〉〈◊〉, is more then may be permitted: the reason is, that the rest of the Tenants loue 〈◊〉〈◊〉 much right 〈…〉〈…〉 the same,

when the corne is off, as he hath that en∣closeth the same.

Bayly.

But Sir, if they lay it open at Lammas, or at such time as custome requi∣reth, I think he doth neither Lord nor te∣nants wrong.

Sur.

Yes: for first, be depriueth thē both of the feed, of as much as his hedges, ditches and enclosures take: besides, whether is it as conuenient for passe and repasse for cattle at one little gappe or two, as when there is no esto••ell at all?

Bayly.

You like not enclosures then.

Sur.

I do, and I thinke it the most bene∣ficiall course that tenants can take, to in∣crease their abilities: for one acre inclosed, is woorth one and a halfe in Common, if the ground be fitting thereto: But that it should be generall, and that Lords should not de∣populate by vsurping inclosures.

10 What Commons are there within the Lord∣ship,* 1.20 which do properly belong to the Lord and te∣nants of this Mannor, and how are the tenants stin∣ted, whether by the yard-land, plow-land, oxegang, acres, or rent: how many may euery tenant keepe, after either proportion or rate.

In this, the like consideration is to be had, as of the former: but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica, forraine herbage or pa∣sture, because no part of it is proper in any sort to any peculiar tenāt, no not to the Lord himselfe, as are the common fields & cōmon meddowes. This kind of Common or pastura forinsica is in three sorts: the one is, where a Mannor or towne-ship hauing and holding

their land in seueraltie, haue by consent ly∣mited a certaine parcell of ground, to lie common among them, and from the be∣ginning haue stinted euery man according to a proportion betweene them agreed, and that is commonly by the acre, which the pasture containeth.

Another maner of such kind of common pasture is, where certain waste groūds, one, two or more lie within the Mānor or town∣ship, and the Heard of the whole Towne is guided and kept by one appointed by the Tenants, and at their generall charge, to fol∣lowe their Cattle: in which kind of pasture, there is also a limitation or stint both of the number, and kinds of Cattle.

A third kind of this pasture, or common feeding is, in the Lords own woods, that lie common to the Tenants: as also common Moores or heathes, that were neuer arable.

In all the former cōmons of pasture, there should bee a certaine stint and allotment, both to the Lord and his Tenants: but in this latter, it seemeth that the Lord should not be limited, because all these latter com∣mons are supposed his owne, and the Te∣nants haue no certaine parcell thereof layd to their holdings, but only bit of mouth with their Cattle. But the Tenants ought to bee stinted in all sorts of common, lest, as I sayd before, the rich deuour the poore: for the one can prouide sheepe, and other Cattle for the summer, and haue inclosed pasture for the winter, or can sell againe, when the forraine pasture is gone: but the poore can∣not doe so.

11 Whether hath any man, to your knowledges, incroched any part of the Lords waste, by inclosure, or adding any part thereof to his owne land:* 1.21 present who hath so done, where, how much, and how long it hath continued.

This kind of incrochment is not rare, espe∣cially where great wastes and mountanous grounds are, where the Lord nor his officers walke not often, and where Tenants, for fauour or affection, will wincke at euill do∣ers, or for their owne priuate lucre, commit the same error themselues, with hedges, ditches, pales, walls, shed is, &c.

12 Whether hath the Lord any Parke,* 1.22 or de∣meisne wood, which by stocking may turne to the Lords better benefite, by pasture, Arable, or med∣dowe: and what is an acre worth, one with another the stocking, and how many acres is the wood, and what will an acre of the wood be woorth, and what will an acre of land be worth by the yeere to be let, when the ground is stocked and cleared.

Although it be the part of the Iurie, to yeeld their opinions in this case: yet it behooueth the Surueyor to haue so much iudgement, in euery of these points, as hee may be able to satisfie himselfe and his Lord, by suffici∣ent reasons, lest hee be deceiued, and the Lord abused, either through ignorance or parciality. And aboue all it behooueth the Surueyor, to looke into the nature of the soile of the wood: for there are some wood grounds that are good for no other vse, as a drie or cold grauelly ground, whose vertue and disposition may be easely obserued by the herbage.

13 Also you must present the names of all custo∣marie Tenants, within or belonging vnto the Man∣nor,

what mesuages, Tenements or lands they hold, & what euery mesuage or Tenement is called, what rent it payeth: and what profit ariseth to the Lord, by the death of any such customarie Tenant, or by the death of any freeholder,* 1.23 by fine, heriot, or reliefe by the cu••tome of the Mannor.

Cōmonly these customary tenants, vpon death & alienatiō do pay a fine, which in som places is certain, & in some, euen in the most they are at the Lords will: and in most pla∣ces they are also heriotable.

Bayly.

In this maner there be some cu∣stomary tenants heriotable, and some not, how comes that? can there be two custo•••• in one Mannor?

Sur.

There may be so. And the reason may grow by the escheating of a Mannor, that had in this point a contrary custome to the Mannor, to which it was escheated and annexed: and so the customes of either may hold vnder one Court.

Bayly.

Your reason in good: and I take it, it may also be, that these that pay no he∣riots, are tenements of a newer erection, & so vpon their first grants, the heriots were omitted.

Sur.

That is not so likely: for that if any such new erections were, they were granted in such forme as other tenements, with these words: Habindū, &c. ad voluntatem Dom. se∣cundum consuet. Manerii: which words do im∣ply all duties & seruices, which the most an∣cient tenements are bound vnto.

There is also a copy-hold estate, called an∣cient demeisne, & the tenāts,* 1.24 S••kemains, wher∣of some are of frank-tenemēt, & some of base

tenure. Tenants of Base tenure, are they that hold by verge at the will of the Lord, & the Franktenement therof is in the Lord.

It is to be noted, that Copy-hold lands are very ancient, before the Conquest, in the Saxons time, who called this kind of land, Folkland, and their Charter lands were called Bokeland.

14 How doth the Customary land of this Mannor,* 1.25 by your custome, descend after the death of an Aun∣cestor, to the younger or elder sonne? And whether will the custome of the Mannor allow an intaile by copie, and whether doth it beare widowes estate, or whether may she haue it during her life, though she marry: and whether may a man hold by the curte∣sie?

Sundrie differences there are in sundrie Mannors, touching the substance of this Article.

The custome of some Mannors is,* 1.26 that the youngest sonne shall inherite, as in Bur∣rough English: if he haue not a sonne, his yon∣gest Brother, as at Edmunton in Middlesex.

The custome of some Mannors is, that al the sonnes, and all the daughters shall inhe∣rite alike▪ as in Gauelkind at Islington neere London.

The custome of some Mannors is, that if the tenant die seized of fiue acres or vnder, then the yongest sonne shall inherite, but if aboue, then all the sonnes shall inherite, as in Gauelkind. 〈◊〉〈◊〉.

The custome of some Mannor is, that neither the wife shall haue dowre, neither the husband hold by Curtesie. And the cu∣stome of some other Mannor is, that shee

shall haue the third part of the rent, as at Bu∣shie in Middlesex, and no part of the land in dowre.

In some Mannors, the wife being a virgin at the time of her mariage, shall haue all the Copy-hold land for her franckbanck, wher∣of her husband died seized. And many such.

15 Whether are there any customari•• tenements that are heriotable dismembred,* 1.27 and diuided into parcels, to the weakening of the tenement, and who be they, that haue these heriotable parcels, & what quantitie hath euery of them?

Although there be no immediate profite can accrue vnto the Lord, by the presentmēt of the substance of this Article, yet it beho∣ueth the Lord to know, who be the tenants to any part of the land, belonging to an he∣riotable tenement, because euery part con∣tinueth heriotable, and draweth vnto the Lord the best goods of the teneme•••• of such land deceasing, though the land, in regard whereof he payeth it, be but an acre, and he haue elsewhere free or copie, that main∣taineth hors••, or other cattle of great value, the Lord may seize the best for his heriot.

* 1.2816 Whether are not the Fines for admittances, of a new customarie tenant, being heire, or cōming in by purchase, or vpon Surrender at the will of the Lord, or are the Fines alwaies certaine▪

This is an Article, whereat some close-hearted tenants will seem to stagger, being the nature of all men to fauour themselues, and their posterities, and ••o worke so, as they will (if it be possible) make the Fines cer∣taine, by looking back 〈◊〉〈◊〉 past, wher∣in they haue found by old R••cords▪ stand by

report of tenants before, that the fines haue bene certaine, and so they may be in some places, though in few at this day▪ And it may be, former times did affoord such fauor, vntill land became of more value: but of late yeeres, that course hath bene broken, and Fines become arbitrable. Wherein I wish, that Lords and their ministers would vse a meane in exacting.

17 How,* 1.29 and by what meanes may a customary tenant forfeit his Copy-hold tenement? whether for fel∣ling of timber trees, plowing vp ley grounds, or meddowes neuer tilled before, or for suffering his houses to decay, or for pulling downe any houses, or for committing any other wilfull waste, or deui∣sing his customarie tenement or lands, for longer terme, then the custome of the Mannor will beare: Or for committing any other act, contrarie to the custome of the Mannor? And whether hath any te∣nant of the Mannor offended in any of the former things? who it is, and wherein is any such offence committed?

Diuers Acts there be, whereby a tenant in one Mannor may forfeit his Coppy-hold tenement, which Act is no forfeiture in an∣other Mannor. For Customes are very dif∣ferent in diuers Mannors: for in some Mā∣nors a man may cut downe wood and tim∣ber trees vpon his Coppy-hold land, & sell them at his pleasure, which in some mannors is a forfeiture.

Some Mannors do allow the customary tenants of the same, to let their land for 3. yeeres, some for more without the Lords li∣cence: and in some Mannors to let the same aboue a yeere and a day, is a forfeiture.

In some Mannors a man may let fall all his customarie houses, which in some other Mannors is a forfeiture.

In some Mannors a man may not plow vp or sow his Coppy-hold meddow, or ley ground, that hath not bene vsed to be tilled, in some Mannors contrarie.

So that these kinds of forfeitures are ac∣cording to the custome of euery Mannor.

* 1.3018 What are the customes of the Mannor in generall, both in the behalfe of the Lord, to perform or suffer to the benefit▪ of his tenants, and of the te∣nants to performe to the seruice of the Lord.

In euery mannor there hath bene such a mutuall concurrence of ayde between the Lord and tenants, as through the force of time hath bred a Custome. And the Lord may exact it of his tenants by law▪ if they de∣ny the performāce of the things to be done, in the right of their Customarie lands.

And these customes are of diuers kinds, & diuersly to be performed. Some in the course of inheriting of land, some in the way of womens dowries, some in the estates of land, some in matters of forfeitures, some in works, some in rents, some in fines, some of the Lords beneuolence in allowing his te∣nants meate, drinke, mony, &c. in time of their works: as these customes in seuerall Mannors, seuerally are allowed.

And because it behoueth euery tenant to know whereunto he is bound by custome, if there be no ancient Custome roll to leade them, it behooueth the Surueyor to renew the same, wherein he is to set downe euery tenants name, his tenements, lands, med∣dowes,

pastures, &c. the rent and seruice due for euery of them,* 1.31 and whether workes be turned into rent, and to indent the same, that the Lord may haue the one part, and the tenants another. The neglect whereof hath bred many inconueniences, both to Lords and tenants.

19 Whether is there within this Mannor any villaine or niefe, namely,* 1.32 any bondman or bondwo∣man: if there be, what are their names, what land do they hold and keepe, and what is the same yeer∣ly woorth.

Although this kind of tenure be in man∣ner worne out of vse, yet some there are (no doubt) though conceiled in some Mānors, neuer infranchized, or manumized.

20 Whether hath any tenant or other person within this Mannor stocked vp any hedge-rom, plowed vp any Baulke or land-share, remooued any Meere stone,* 1.33 land-marke, or other bound betweene the Lords de∣meisnes, & the tenants Free-hold, or customary lād of inheritance, or between his Free-hold and custo∣mary land, or between this and another Mannor or Lordship, where is any such offence committed, by whom, and where ought the same bound so remo∣ued, altered, taken away, or displaced, to stand.

This is a necessarie Article to be duly considered, because that by this meanes of remouing or taking away Meere-stones and land-markes, the Lord oftentimes incurreth great preiudice: for that when a Leassee of the Lords demeisnes being either a Free-holder, or a customary tenant of inheri∣tance, hath land of his owne adioyning vnto the demeisnes or intermixt, & he take

away the markes of diuision, leaueth the matter doubtfull which is the Lords, especi∣ally where a long lease or patent is, whereby the Tenant hath time to make alteration: and it is no new or strange thing, to attach some by name and place, that are culpable, and haue yeelded to reformation, being found out before their intents were fully ripe. And aboue al, such are most worthy to be punished, for altering any such knowne markes, vnder whatsoeuer pretence of ease or necessitie, which is the common cloake of the mischiefe, vsed most in the Kings lands, where long Patents are granted.

21 What customarie Cotages are there within this Lordship,* 1.34 tostes, croftes, or curtelages: what are the Tenants names, what rent pay they, and what seruices doe they.

It is to be vnderstood, that the word C••tagi∣um, signifieth as much as casam, a little house or a place of abode only, or a little dwel∣ling, whereunto little ground belongeth but an Orchard garden, or some small toft, croft, or Curtelage: but Cotages of them∣selues are not ancient, as I take it.

22 Whether are there within this Mannor, any new erected Tenements or Cotages, barnes, Walls, sheddes, Ho••ells, Hedges, Ditches, or such like erected, set vp, or made: or any Watercoarses, or Ponds, dig∣ged vpon any part of the Lords waste, without the Lords licence: where is it, and by whom was it done, and by whose licence, and vpon what considera∣tion.

The ouermuch libertie of too many newe erections, breedeth sundry inconueniences, not only to a Mannor, and the Lord, and

Tenants thereof, but to a whole Common-wealth, and therefore not to be permitted without good consideration: although it is most conuenient, that the poore should haue shelter & places to shroud them in, if they be found honest, vertuous, painfull, and men of abilitie, to gaine their owne and their families reliefe.

But it is obserued in some parts where I haue trauelled, where great and spacious wastes, Mountaines, and heathes are, that many such Cotages are set vp, the people giuen to little or no kind of labour, liuing very hardly with Oaten bread, sowre whay, and Gotes milke, dwelling farre from any church or chappel, & are as ignorāt of God, or of any ciuil course of life, as the very Sal∣••ages amongst the Infidels in maner, which is lamentable.

23 What Tenants are they within this Man∣nor, that doe hold any lands or Tenements by In∣denture of lease; what are their names,* 1.35 what land hold they, for what rent, vnder what conditions and co∣uenants, for what termes of yeeres, or liues.

This Article is most especially to bee obser∣ued, touching the couenants by view of the Tenants leases, but the Iurie is to find the names, and to present them with the land and rent.

24 Whether hath or doth the Lord imploy any land to Iustment,* 1.36 as in taking in cattle to pasture and herbage: who hath the disposing of the same, what quantitie of land is so disposed, and how many cattle will it pasture, & what is a Cowe, Oxe,

Horse or sheepe-gate woorth by the yeere, or by the weeke.

Much land is thus vsed in Yorkshire, and other places Northward very beneficially.

25 Whether hath the Lord of this Mannor any customarie Water-mill,* 1.37 Wind-mill, Horse-mill, Griest-mill, Mault-mill, Walk-mil, or Ful••ing-mill▪ Whether is there within this Mannor any other Mil, Iron-mil, Furnace, or Hāmer, Paper-mill, Sawing-mil, Shere-mil, or any other kind of Mill: what is it woorth by yeere, and in whose occupation is it?

Where sufficient riuers, brooks, stagnes, ponds, or water-courses are, there are com∣monly some kinds of Mils, or other profita∣ble deuices, that humane wit and inuention hath set vp for necessarie vses, for the benefit of man, and for the Lords profit of the Man∣nor, where such deuices are erected. And yet all kinds of deuices are not conuenient in all places: as where no Lead or Tinne is, there is no need of the vse of water, to moue a wheele, to blow the fire for the melting & trying thereof: yet there may be like vse for Iron oare: and where neither of them is, there may be vse of Walk-milles, or Ful∣ling-milles; and where those are not, yet there may be vse of Corne-milles, and such like. And in some places the force of water-courses is vsed, to raise water out of one place into another, where the naturall cur∣rent denyeth the comming, and mounting thereof: with infinite other deuices, accor∣ding to the situation of the place, and neces∣sitie of the thing required. Which, al∣though

they be not all Mils to grind corne, yet may they bring profit to the Lord, which is the thing the Surueyor should couet, not onely to obserue what is alreadie, but must haue also some iudgement to erect some, if the water-course will conueniently affoord the same.

To the Corne-mils, which are custome milles, doth belong a kind of duty from the tenants, that is, that they are bound to grind their corne at the Lords mill: and that kind of custome is called Socome.* 1.38

Bayly.

Must a customary tenant of a Mannor, where such a mill is, be forced to grind al the corne he spendeth in his house, at the Lords mill?

Sur.

Of necessitie, if it grow vpon the Mannor: or else the Lord may amerce him for his default.

Bayly.

What if he be forced to buy it in the market?

Sur.

Surely then it is a question, whe∣ther he be bound to grind it there or not. But I take it, he is at his liberty, to grind it where he will, euen where he finds himself best serued. For there is bond-Socome, that is, where the tenant is bound by custome, and lone-Socome, where he grindeth of free-will.

Bayly.

We that are tenants would be glad, if you could tell vs, what toll our Miller may take: for we are much abused in it, as we thinke, & because we be bound by custome, we cannot conueniently leaue the mill, and yet we find no remedy of the millers abuses▪

Sur.

As touching T••ll, (which word commeth of the verbe t••ll••, to take away, as it seemeth) there are so many differences, by grants made by Lords of Mannors, that the certaintie in generall can hardly be de∣clared. Some Millers take a twentith, some foure and twentith part: tenants at wil shuld pay a sixteenth part, and a bond tenant a twelfth part, and some are toll-free. But howsoeuer the toll be, feare not, the Miller will be no loser. And for his abuses, you haue your remedie in the Lords Court, or at the common law.

* 1.3926 Whether hath the Lord of the Mannor any peculiar fishing within any riuer, brook, mere, stagne, pond, or other water: where, and how far doth it ex∣tend, and what is it yeerely woorth, and who be Far∣mers thereunto, & what common fishings are there∣in, and waters within the Mannor, and how is the same vsed?

As this Article is little needfull to be pro∣pounded in Mannors where no riuers or sufficient waters are for fishing, so is it very necessarie to be examined, where such wa∣ters are. For it is daily obserued, that many abuses are committed against the Lord him∣selfe, by such has vsurpe his peculiar fishing, and against the Common-wealth, in destroy∣ing fish, as appeareth by the punishment or∣dained against of••endors therein, 25. He. 8. cap. 7. and 31. Hen. 8. cap. 2. Therefore it behooueth the Surueyor to be more carefull in seeking the meane how to raise a profite vnto the Lord by his fishing, then to find the present abuses which are inquirable, and punishable at euery Leete, although, if any

apparant offendors be found, he is to aduer∣tise the Lord for reformation: but it is no part of the matter inquirable, and to be in∣rolled in his booke of the Su••uey. For no∣thing is therein to be inserted, but matter of perpetuitie, in recommending the present state of the Mannor vnto posterities, and for the Lords immediate vse. And therefore be∣sides the ordinarie fishing in smal land riuers, brookes and ponds, there must be also re∣membred what profite may arise by fishing in the sea, if the mannor be nere it, or any creek thereof, in oysters, muscles, cockles, crabs, creuishes, and such like.

27 Whether hath the Lord of the Mannor any Fowling within this Mannor,* 1.40 by meanes of any moores, marshes, waters, brookes, reedes, or such like: as of Ducke, Mallard, Widgine, Teale, Wild∣geese, Busterd, Plouers, Bitters, Swans, or such like foule: or any woods wherein do breed any He∣rinshoes, Shoutlers, Storke, or such like: or any Pib∣ble, Peach, or Sea-bank, wherin breed sea-Pyes, O∣liues, Pewets, or such, who taketh the profit of them, and what are they woorth by yeere.

These kinds of commodities are not in e∣uery Mannor: and therefore as in all other things it behooueth the Suruey or to consider of these particulars, and giue no more vnto the Iurie to be inquired of, then he either knoweth to be inquirable, or likely by exa∣mination to be found in the Mannor he in∣tendeth to suruey.

8 Whether hath not the Lord of this Man∣nor (time out of mind) had and receiued all waiues,* 1.41

estrayes, felons goods, treasure found, within the Mā∣nor, and such like profits, and whether hath he bene answered of them from time to time truly, or not, and who is the officer that doth ouersee, and take no∣tice of the same to the Lords vse.

Although these kind of profites may re∣dound vnto the Lord by prescription, yet most commonly they are confirmed by charter, and therefore the Lords euidences, together with the vse, must be exami∣ned.

* 1.4229 Whether are there within this Mannor, any Tin-mines, Lead-mines, Copper-mines, Cole-mines, Quarryes of stone of Marble, Free-stones, Mil-stones, Lime-stones, Grinding-stones, Marle, or Chalke-p••ti, 〈◊〉〈◊〉 or moorish earth, fit for soyling of land, or any Potters cla••, clay for Bricke or Tile, or any Fullers earth, or any sand, or grauel-pits, or such kind of commo∣ditie••, and what is euery such kind woorth to the Lord, or may be made woorth by yeere.

These are casualties, and seldome or ne∣uer at all happen in any Mannor, and few Mannors but haue some or one of them.

30 Whether hath the Lord of the Mānor any Turff••, Peates,* 1.43 Heath, Broome, Furz••, or Flagge, which are, or may be yeerely sold within the Mannor, & what may they yeeld the Lord by yeere.

These things are not in euery coun∣try, much lesse in euery Mannor: for I think Essex can affoord little of them, vnlesse it be of Turffes and Peates, if they were sought in some low grounds, in some creeke of the

sea▪ Northumberland, Westmerland and those wild fields, yeeld store of peates and turffes: so doth Yorkshire some, and other places, many.

Bayly.

What meane you by Turffes and Peates? are they not heath Turffs you meane?

Sur.

There are heath-Turffes, which are also meant in this Article, but the Turffe and Peate is of another kind: for they are ta∣ken in bogges, and such rotten grounds as cattle cannot feed vpon. And those that are first cut vp, are called Turffes of the vpper part, and such as are taken downward, are called Peates.

Bayly.

How meane you downward?

Sur.

Vnder the first cut: for you may cut a speares length deepe in some places in the summer time, and that kind of earth will burn very excellently. And if it be cut neuer so deepe, it will fill againe in few yeeres, and then may it be digged againe.

Bayly.

Then it is beneficiall ground.

Sur.

So it is: and I thinke there be many grounds would serue to this purpose, if they were sought out, where scarcitie of other fewell is.

Bayly.

You spake of Furze, I take that to be no good fewell, but to brew or bake withall.

Suruey.

Yes: it is good fire-wood in De∣uonshire and Cornwal, where they make great profite in venting it for that vse, in many the greatest townes, and in Excester espe∣cially.

Bayly.

Then are they better then our ordinary Furzes about vs.

Sur.

The countrey people do call them French Furzes, they haue a very great stalke, and grow very high, and their prickle very strong: but that they grow thicke, and the body is commonly bare to the coppe, where is onely a greene bush of the tender and small branches, and seldome elsewhere, so that they easily make them into Faggots.

* 1.4431 Whether is there within the Mannor any Slate-stones for ••iling, red or blacke Lead, or Oker for marking stones.

These kind of Slate stones are full in Cornwall, and the marking stones most a∣bout Darbyshire, and those parts.

* 1.4532 What Deere hath the Lord of this Mannor in his Parke, red and fallow: how many of Antler, and how many rascall: who is Keeper, and what is his Fee by yeere: whether hath he any Warren of Conies, or Hare••, who is Keeper of either of them, and what Fee hath he by yeere, and what is the Warren of Co∣nies woorth by yeere, and what were the Parke woorth by acre to be let by yeere, if the Deere were destroyed, and how many acres is there within the 〈◊〉〈◊〉

A Parke for Deere is more for the plea∣sure then for the profit of the Lord, or Com∣monwealth, and yet fit that Princes and men of woorth should maintaine them at their pleasures, yet not so fit, that euery man that listed should maintaine that game, for his priuate pleasure, that depriueth a Com∣monwealth

of more necessary commo••∣ties. But men of late are growne more con∣siderate, and haue disparked much of this kind of ground, and conuerted it to better vses. As for war••ens of Conies, they are not vnnecessarie,* 1.46 & they require no rich ground to feed in, but meane pasture and craggy grounds are fittest for them. It is therefore in the discretion of a good and circumspect Surueyor, to aduise his Lord▪ how to dispose of these things for his best aduantage.

33 What pentions, portions, payments, or fees are,* 1.47 or ought to be yeerely payed out of this Mannor: to whom are they payed, and for what, and what rent or annuitie is there payed, or ought yeerely to be payed out of any Mannor, or by any person, vnto the Lord of this Mannor: and whether hath the same bene duly payed, or discontinued: what is the annui∣tie or rent, by whom ought it to be payed, for what thing, and how long hath it bene discontinued.

These things are very duly to be exami∣ned, both which go out of a Mannor, or be payed to a Mannor, although in many pla∣ces they be much neglected, not in calling for, I confesse, but if such payments be de∣nyed, the Lord, to whom such things are due, can hardly say or a••ow, for what, or in consideration whereof they are due: and by that meanes men 〈…〉〈…〉 right, both of the pay•••• 〈…〉〈…〉 of the land, if it escheate, yea whole Mannors.

34 Whether is there within this Mannor any Market weekly,* 1.48 or Faire at any time of the yeere

kept, on what day or dayes, who hath the toll and profits of the same, and what is it, or may it be worth vnto the Lord by yeere.

Faires and markets are commonly by pa∣tent from the King.

* 1.4935 Whether doth the Lord, or may he take in any ••••ine to pawnage yeerely into his parke or woods, what i•• the pawnage woorth by yeere.

Bayly.

Sir, you need little to enquire of that, for Okes and Beech that haue bene formerly ••ery famous in many parts of this kingdome, for féeding the Farmers ve∣ni••••n▪ are fallen to the ground and gone, and their places are scarcely knowne where they stood.

Sur.

It is very true: and it is pitty, that Lords of Mānors haue no more care of their posterities. For assuredly there will be grea∣ter want of ••••mber in time to come in this Realme, then may be supplyed with little charge from any part else whatsoeuer. And therefore might Lords and Farmers easily adde some supply of fu••••••e hope, in setting for euery twenty acres of other land, one a∣cre of Aco••••es, which would ••ome to be good timber in his so••nes age, especially where there is, and like to be more want.

Bayly.

The course ••••ere good, but you 〈…〉〈…〉: for Okes are 〈…〉〈…〉 it will be long ere they come to be ti••ber.

Sur.

I know in Suffolke, where in twenty yeeres Acornes haue yeelded fruite, already ••ere as high, as a steeple of ordinary height.

Bayly.

Truly it is pitty it were not enioyned to men of abilitie and land to do it. But I thinke men imagine, there will be timber enough to the end of the world.

36 Whether hath any of you any Deedes,* 1.50 Eui∣dences, Court-rolles, Rentals, Sute-rolles, Custome-rols, Bookes of Suruey, Accompts, or any other escripts, or miniments, touching or concerning this Mānor. If you haue any such, produce them at this Court for the Lords vse and seruice: or if you know any that haue any such, deliuer their names, that the Lord may procure them to shew the same.

37 Who hath the ad••ouson, nomination,* 1.51 presen∣tation and gift of the Parsonage, Vicarage, or Free-chappell whereunto this Mannor belongeth: or whe∣ther is it an impropriation, belonging to the Lord of this Mannor, who is incumbent of the Parsonage or Vicarage, or who hath the impropriation in vse, and what is it woorth by yeere

Some haue taken, and set downe, a Par∣sonage or Vicarage to be parcell of a Man∣nor, but I take it otherwise: for a matter of spirituall or ecclesiasticall function, cannot be parcell of a secular liuing. But a Mannor as touching the tythe, may belong to an ec∣clesiasticall charge: neither do I thinke, that an impropriation, though it belong vnto the Lord, yet is it not parcell of his Mannor: because that ab origine, euen from the f••r••t in∣stitutiō, it was dedicated to a spirituall office. And although the profites were afterwards disposed to a secular person, yet are not the profites parcell of the Mannor.

38 Who is the Lords Baylie, what is his name, what yeerely fee hath he, & whether hath he a patent for life,* 1.52 or is at the Lords will: and who is Steward of the Lords Courts: what is his fee, & whe∣ther doth hee hold it by patent or at will: who is also keeper of the lords parke, warrener, or woodward, & what other officers are there within, or belonging to this Mannor, and what are their fees.

Sundry Mannors haue sundry officers: some of the Lords election and appointment, & some of the Tenants, among whom they are yeerely chosen, as Hayward, Reeues, &c.

39 Within what Diocesse, and Deanery, within what diuision and hundred lyeth this Mannor:* 1.53 and to what place are you that are the Tenants, vsually called to doe your seruices, to muster, and to shewe your Armour, and weapons▪ and what Beacons are you appointed to watch and ward at.

It were a simple part of a Surueyor, if his Lord should aske him these questions, and hee should answere, I cannot tell: and yet are they things fit for the Lord, to bee ac∣quainted with.

* 1.5440 What Marke•• Townes are neerest vnto this Mannor, and what commodities are there especi∣ally vented at euery of them.

This is also necessary to bee knowne of the Lord, that dwelleth remote from his Man∣nors.

Thus much for the charge.

* 1.55Euery Surueyor is in discretion to order

his owne businesse, and none is tied to this method of charge: yet he must take the sub∣stance of these Articles,* 1.56 or such and so ma∣ny of them, as in his conceit (guided by some foreknowledge of the state of the Mannor which he is to suruey) are fittest to be deliuered vnto the Iurie: and withall he is to explaine vnto them, the sence and meaning of euery Article more at large, then hee will giue them in the letter. And hauing thus finished the charge, I hold it fit to giue the Articles in writing vnto the Iurie, to the end they may answere their knowledges, to euery of them in writing. And because the Iury (perchance) cannot so methodically set downe their owne plaine meanings, as is fit to bee ingrossed in the Lords booke, the Surueyor must correct the former, still keeping himselfe within the compasse of the meaning of the Iurie, & then to reade the same vnto thē distinctly, that they may allow or disallow the same: and because they shall hau•• sufficient t••••e, to consult and deliberate vpon euery Ar∣ticle, they may haue day giuen them, vntill such time as the Surueyor doth thinke hee shall finish the Perambulation, and view of the Mannor in sort as hee intendeth: and then to take their verdict, and accordingly to ingrosse the same.

Immediatly af••er the charge thus ended, the Surueyor is to make proclamation, in the name of the Lord of the Mannor, that euery Te∣nant doe presently produce his deedes, copies,

Leases, and other Euidences, to the end that the Sur∣ueyor and his Clarke may enter them roughly in a booke, and afterward inroll them faire in a bo••ke of Parchment for continuance.

And if any man make default, he may find it by the catalogue of the names of the tenants, which he must take at the beginning of the Court, and crosse them as they bring their euidences to be entred: the manner of which entries doth briefly follow.

Intrationes omnium & singularum chartarum,* 1.57 Copiarum, Indenturarum omniumque aliarum Euident. tenentiū, ibidem factae tertio die Nouemb. Anno Regni▪ Domini nostri Iacobi, Dei gra∣tia, magnae Britanniae, Franciae & Hi∣berniae Regis, fidei Defensor••s, &c. 4. vt sequuntur. viz.

Chartae Liberorum tenentium.

W. P. de F. in Co••▪. M. Yeoman, per charta 〈◊〉〈◊〉 dat. tertio die Martii, Anno re∣gni Henr. 7. secundo, tene•• libere sibi & haer edibus suis (if it be intailed, then according to the limitation) ex donat. R. S. vnum mensuagium sine tentm. vo∣cat. Whytlocks situat. in quadam ve∣nella vocat, Potters-street, 〈◊〉〈◊〉 ••e∣suag. R. L. ex. ••••str. & quandam viam vocat. Loue-lane ex parte Bor. abut••••an. fuper magnam communiam vocat.

Hownes Moore in Occiden. & super com. campum, vocat. Beggers Bush∣field in Orientem, & continet in longi∣tudine quadragint. pertic. & in latitu∣dine nouem pertic. & dimid. vnum ••lm. prati, vocat. Mosse meddow. cont. per estimat. quinque acr. & quinque acr. prat. iac. in commun. prat. vocat. Colliers meade, & tres clausur, terrae arabilis insimul iacent. vocat. Ba∣thyes, cont. in se in to. per estimat. decē act. vnum clm. pastur. vocat. Abbots close, iacent. &c. cont. per estimat. tres acr. Quod quidem mesuagium pred. R. S. nuper perquisiuit, de quodam A. B. habend. &c. per redd. vnius libr. Pipe∣ris, & per seruic. inde debit. & consuet.

1. libr. Pi∣peris.

In hac forma ceterae omnes irrotul••nt••r chartae, secundum particularia in eisdem specificata.

Copiae Custumariorum Tenentium.

B. C. pe••cop. Cur. dat. nono die Maii Anno regn•• Elizabeth. 30. tenet exsur∣sum reddic••one W. R. vnum tentm. ia∣cent. in quodam vico vocat. Church-street, int. &c. (according to the buttles) & vnam clm. terrae voc. Haywood,* 1.58 iac. &c. cont. per estimat. duas acr. vnum pratum voc••t. Deare meade, cont. quin∣que acr. & decem acr. terr. in com. cā∣pis. Habendum sibi & haered. suis ad vo∣luntatem Domini, secundum consuetu∣dinem Ma••ern, & dedit Domino pro fine 3. pounds, 6. 〈◊〉〈◊〉. 8. pence, & red∣dit per annum

2 shil. 6. pence.

If the estates be for liues, as in the most Ma••••••rs in the West, then the entries of the Copies must be according to the words of the copie: and at the foot of the entry of euery copie, it is fit to set downe the ages of the tenant in possession, and of them in re∣uersion.

Also it behooueth a Surueyor in the entry of all Deeds and Copies, to set downe the names of all mesuages and tenements, and the names of euery particular close, and par∣cell of land, as they are set downe in the Co∣pie. And not only the present tenants name, but the former tenants, for two, three, or foure descents, if it be expressed in the co∣pies.

It is a fault in some Stewards, that in ma∣king out Copies, do set onely downe the name of him that surrenders, and the name of him to whom the surrender is made, with∣out further relation of any former tenants name, and do also set downe the mesuage, without setting downe the particular par∣cels of land belonging vnto it▪ vsing onely generall words, which in all things import incertaintie. Whereas, if he did well, he should obserue and set downe euery parcell both in qualitie and quantity: namely, what is meddow, pasture, arable wood, &c. with the principall buttes and bounds, by the Surueyors booke.

De intratione dimissionum, siue Indentu∣rarum, in quibus ea quae sequuntur, obseruanda sunt.

Dies mensis & annus. Partes inter quas facta est Indentura. Consideratio concessionis. Particularia, quae per Indenturam traduntur. Habe••dum, cum termino annorum aut vita∣rum, pro quo aut quibus conceduntur. Redditus, & tempora solutionis. Clausa districtionis, a••t forisfacturae. Conuentiones, & Prouisiones breuiter. Quomodo obligatur ad warrantizandu•• Concessor, &c.

This suffiseth for the forme of the entry of Deedes, Copies, and Leases.

Bayly.

Is this all that is required in the ma∣king vp of a booke of Suruey?

Sur.

Some thinke it sufficient to come into a Mannor, and to call the tenants, and to cause them to shew their euidences, and to enter them, and so to giue the Lord a booke of the estates, end thinke they haue done a great worke. Which is as much as if a Caterer should prouide meate, and the Cook to send it to the table raw for his Lord to eate. The Caterers office doth as much towards the Lords diet, as the bare knowledge of the estates of a Mannor, doth towards the performing of an absolute Suruey. Yet is the Caterers office, a good inducement, and without this prouision the Cooke can do nothing: & without the knowledge of the estates, a Surueyors trauail: is to little purpose.

Bayly.

Yet you will enter euery mans particu∣lar lands againe: will you not, notwithstanding the entring of their Euidences?

Sur.

It must be so, after the view had, and made of all the Mannor.

Bayly.

What else require you at my hands to be d••ne then at this time? for I perceiue you haue giuen the Iurie their charge, and limited them a day to bring in their verdict: and you haue séene and entred all the Déeds, Copies and Leases of the t••∣nants which haue appeared. What will you now do in the meane time?* 1.59

Sur.

I must now command you (the Lords Bai∣ly) to appoint me some sufficient ••enants, to accom∣pany me in the perambulation and description of the Mannor.

Bayly▪

What, will you make a plot of the Mannor?

Sur.

It is very expedient and necessary for ma∣ny causes,* 1.60 which I shewed you in our first confe∣rence.

Bayly.

Will you do it by instrument?

Sur.

Yea.

Bayly.

Then you néed the lesse helpe, for you will vse no chaine.

Sur.

I will, and it behooueth to vse the chaine, notwithstanding the instrument.

Bayly.

I haue heard some of your profession say, they could plot out a Mannor, and neuer vse line or chaine, with the instrument.

Sur.

A Painter can by his art delineate the pro∣portion of any creature, without vsing perspectiue glasse, or a compasse, euen by the eye and serious obseruation: so may a man, hauing the true vse of any topographicall instrument by rules geometricall, describe a Mannor in a kind of forme, without line or chaine, or other measure. But if he will say he doth, or that he can truly delineate a Mannor with all the members, as euery street, high-way, lane, riuer, hedge, ditch, close, and field, in forme with true cur∣nings, angles, lengths, and bredths, so that by the plot which he so maketh, a stranger by scale & com∣passe may truly find the quantities of the particulars, I will then say he is rara auis, he is to be admired, be∣cause I must needes speake as I find, that it is a mat∣ter both vnnecessary and vnprofitable: vnnecessary, because it is as if a man should build a house, without pinne or nayle, by ingenuous excellent

geometricall conclusions, to magnifie the art, when with more certainty it may be done by the ordina∣ry ayd of pinns, and nailes: and it is vnprofitable, because it will require a tenne-fold time more then the ordinary course of the instrument and chayne. And yet when curiosity hath done all that it can in this behalfe, he shall find (though the conclusions be true) the worke false.

Bayly.

* 1.61Then I perceiue, there be some vainglo∣rious of your profession: for I haue seene one come into a field, & set his instrument in the middle, or in some part thereof, and hath taken vpon him im∣mediatly to say, the content is thus much.

Sur.

He that so assumeth vnto himselfe admira∣tion, may be more admired for his presumption, then for his truth in performance: for a peece of ground cannot lie in any such form, as he with an in∣strumēt at one station can find the quantity, though he may aime at it at two station••▪ but a peece of land may so lie as he shall erre, let him ••ake as many stati∣ons as he can, and yet hee must measure betweene his first two stations at the least, and toile himselfe and his companions, more then if he went the true course of art and reason.

Baylie.

What you meane by stations, I am not acquainted, but I hold the plainest way, the truest way in all conclusions, if art and reason bee not against them: and sith the chaine, I perceiue, is necessary to bee vsed with the instrument, I will prouide you helpe, both for your aid in that behalfe, and for your information, hoping that you will not bee against me to view your manner of working, and if I doe aske you a question now and then, for my better satisfaction, you will not be curious in aduising.

Sur.

I will not only not be curious, but I will gladly

impart my poore skill vnto you, if you be willing: & I will bestowe demonstration, if you will afford at∣tention and practise.

Baylie.

What call you this instrument?

Sur.

Some call it the plaine table.

Baylie.

Is there no other instrument vsed in plotting of ground?

Sur.

Yes, according as men of skill doe fan∣sie.

Baylie.

But which doe you approoue most? for as there be diuers, so men diuersely affect them?* 1.62

Sur.

Affection is often blind, and it may mislead a man, but reason seldome or neuer: and therefore he that can maintain the credite of that he affecteth by reason, I hold that a fit instrument for his vse: there are but two principall instruments, fit indeede for the plotting of grounds, and that is this that hath the name of a plaine table, and the Theodelite which sometimes I vse.

Baylie.

But I haue seene many, and diuers formes of instruments, and are they all comprehen∣ded vnder these two names?

Sur.

No, they haue sundry names,* 1.63 but they are all grounded vpon like principles: & as a man may make sundry kinds of clockes, one differing in a kind of forme, from other, and call them by diuers names, yet they are all found vpon one ground; and as euery clocke bringeth foorth like effects, as to strike and to distinguish times: So these instrumēts, though they differ in forme and name, yet they pro∣duce like effects, if they tend to this part of Geo∣metry, which is most principally called planimetry:* 1.64 namely, the measuring of the length, and bredth of any thing, as of a Mannor, and of all sorts, and formes of grounds.

Baylie.

But I haue heard of an instrument called

a Circumferentor, which some do vse about this businesse.

Sur.

It is true, it is a new name giuen to the ve∣ry Theodelite, vsed in a sort otherwise then the Theo∣delite, but not contrarie. For as the working vpon the Theodelite, is performed by reducing the needle alwayes vpon the point North, as it is marked in the boxe, the Index turning to the degree, and poin∣ting out of the line of opposition: So the Circumferentor hauing his Index fixed, pointeth to the opposite, and the needle falleth at aduenture vpon some degree marked in the boxe: And the difference is onely in the protraction: for where the one protracteth the worke, by the degrees, found by the fall of the wandring Index: so the other protracteth from the degree, whereupon the needle falleth.

Bayly.

This differs as much, as if the bell should strike the hammer to make it strike: where it is more ordinary, that the hammer should strike the bell: but if the sounds be like certaine, and sencible, it makes no great matter whether do strike the o∣ther. And if either of these instruments will per∣forme the worke, let men vse whether they list. But I pray you, let vs proceed in our intended businesse: we haue company sufficient both for your instru∣ction of euery mans land, and to ayde you to carry the chaine: as for your instrument, I will carry. Is it much materiall where you begin?

Sur.

* 1.65Truly no: yet I hold it most fit to beginne a∣bou•• the middle of the Mannor, and then to take a course, as the conuenient lying of the land will moue vs, or at one end or side, all is one.

Bayly.

Then I thinke here is a conuenient place to begin the busines: here is a spacious waste, and neere about the middle of the Mannor.

Sur.

I pray you then set down your instrumēt there.

Baylie.

What will you doe with that paper▪ Sir.

Sur.

I must fasten it vpon the table, that as I goe, I may drawe out the forme of euery particular.

Bay.

But what is that bra••se Ruler, that you haue taken out of the ••ase?

Sur.

It is the Index of the plaine table.

Bay.

Wherefore strike you that line vpon the paper, throughout the table, at aduenture?

Sur.

It is a meridian line, vpon which, at euery station, as you shal see, I lay the Index, obseruing to lay it alwaies alike, lest I mistake the North point for the South, and the contrary.

Bay.

Wherefore serueth this great box, and néedle vpon the middle of the Index.

Sur.

It directeth to set the table alwaies precisely vpon one point.

Bay.

Must it stand alwaies one way, and direct alwaies to one point? how then can you find the true curuings of the angles?

Sur.

When the needle of the Index standeth true, as I take it now it doth: Looke vpon it.* 1.66

Bay.

Indeede, it is right ouer the line.

Sur.

Then I pray you, let me haue one to goe be∣fore me, alwaies to stand with a marke at ••uery an∣gle.

Bay.

There is one gone.

Sur.

I see him: Loe, I stirre not the table, now it is truly rectified, and vpon this line I make a pricke, which is the very station where the instrument is supposed to stand: and now from this pricke, laying the Index hard vnto it, I, by the sights of the Index, lay it vnto the mark, which is set vp in yonder angle, let him not remooue it till I come to it: & then as you see, I draw a line frō the prick by the index as it lieth,

truly and firmely to the marke. Come on with the line. How many stickes is it?

Baylie.

Sir, it is 25. stickes.

Sur.

That is 75. pole.

Baylie.

Is your chaine thrée pole?

Sur.

Yea.

Baylie.

Oh Sir, what do you now with your compasses, that you first laid to your Index, and after to the paper?

Sur.

I lay out the true distance, which is from the place where we begun, to the place where the marke stands.

Bayly.

How do you know whether you strike that line too long, or too short? do you ayme at it, as a man would diuide a thing in diuers parts by his eye?

Sur.

No, there is in all arts sundry parts, and e∣uery part hath his seuerall practise. A man is not pre∣sently a Musician, as soone as he can say his Gamma∣••th. There are steppes and degrees to euery perfe∣ction. But this little note that you take hold of, is not the least of the practise in this facultie.

Bayly.

What call you it? For as Arts haue di∣uers parts, so euery part hath his seuerall denomi∣nation.

Sur.

* 1.67And this whereof we are now in hand, is called The vse of the scale.

Bayly.

I pray you, if I trouble you not too much, let me see the demonstration.

Sur.

You see in this Index diuers inches, diuers∣ly diuided:* 1.68 one you see, is diuided into 16▪ equall parts, another into 20. another into 60. these are called scales of ascending, or descending, to a higher or lower computation and extention, according to

the number of perches found betweene station and station. This (as you see) is 75. pole, and the scale or diuided inch, which I haue chosen, is 20. as you see the inch so diuided.

Bail.

But how can you take 75. out of 20. for that you say is your scale?

Sur.

I cannot take a greater out of a lesser:* 1.69 therefore you see me apply my compasses to more inches then one, though some of them be diuided more or lesse, I must conceiue euery inch in the whole Index to be 20. Then I lay the one foot of my compasse ouer 3. inches, which maketh 60. thē I lacke 15. to make 75. Therefore I set the other foote of my compasse into the scale of 20. and re∣duce it onely to 15. which 15. and the three inches next adioyning, being imagined 20. a peece, makes 75. And as you see the compasse thus spred, I apply it without altering, to the line, which I drew from the first pricke, and where the other foot of the com∣passe falleth, there is the second station: namely, the place where this marke stood.

Bail.

Truly, Sir, I thanke you, I conceiue it well for I perceiue, I must alwaies accompt the inches, not as they are in themselues diuided, but euery of them 20. And if it be vnder 20. then I must re••erre me to the very scale it selfe, which is di∣uided 20. and take the number out of it: and if it be aboue 20. I must take the next inch or inches to the scale, and take the odde out of the scale it selfe.

Sur.

If your sudden apprehension haue as strong a retention, you will do well: but commonly quic∣kest conceits do soonest forget.* 1.70 Therefore must you often chew it in your mind, and apply it to your

memory, and as we passe in this busines, you may make some practice.

Bai.

Sir, I thanke you.

Sur.

What call you this common?

Bai.

Ye•• that are Tenants, and are sworn••, in∣forme the Surueyor.

Iurie.

Sir, it is called, Water-hurst common.

Sur.

So, you that carry the marke, I pray, goe to the next angle, and set vp your marke, and stirre it not till I come. Master Baily, set downe the instru∣ment againe, heere where the marke stood.

Bai.

I perceiue you lay the Index vpon the line againe: and then you turne the table, till it be by direction of the néedle, North and South, as be∣fore.

Sur.

I doe so.

Bai.

But why doe you now lay the Index, and by it looke backe againe?

Sur.

Only to try whether the needle be right: for if the Index from this last pricke, doe fall truly vpon the first station, then may I be bold that I shal make the next angle true.

Bai.

Nowe you lay the Index, to the yonder marke before you, & the line that you haue striken from the last pricke, is the line that directeth to it: but because you knowe not yet how many pole it will be, you omit, applying your compasses to the scale, vntill you come to the marke, and knowe the number of petches.

Sur.

I must doe so: now come on with the chayne. How many pole is it in the whole?

Bai.

37. pole: I see you take almost 2. inches for this nūber, namely one intire inch▪ for 20. & 17. parts of y^e scale of 20. which in y^e whole maketh 37. & I sée truly, as 37 is y^e half almost of 75. so is this

last line, the answerable half•• of the first, and the angle falleth out in the paper, iust alike vnto the angle of the field. Surely this is a perfect way, and I conceiue the doing of it very plainely.

Sur.

Then we may go on the faster: for this doth a little hinder our businesse: but if you thinke fit to aske any question, do it freely, and I will answer you willingly.

Bayly.

When I come to any doubt, I will be bold. Sir: now we haue gone round about the Com∣mon of Water-burst, and you haue closed it vp as rightly like it in forme, as one forme may be made like another. Whither will you go next?

Sur.

Into the next field. What field call you this?

Iury.

Oxe-leaze.

Sur.

Whole is it?

Iury.

Thomas Turners.

Sur.

How doth he hold it?

Iur.

He holds it by Copy of Courtroll.

Sur.

It is meddow.

Iury.

Yea.

Baylie.

I perceiue you write the names of the Commons and closes you take, and the name of the owners and occupie••s, and the qualitie of the ground, and how it is held in euery particular close.

Sur.

I must of necessitie do so for: memory may not be trusted to retaine so many things, as are to be noted in this businesse.

Bayly.

I pray you proceed to the rest.

Sur.

What riuer call you this?

Bayly.

Will you haue the names of the riuers too?* 1.71

Sur.

Yea, and the name of euery other parti∣cular else whatsoeuer: for it is very materiall, whe∣ther

it be riuer, Brooke, lane, high way, crosse, tree, pond, hill, hedge, corner, gate, stile, grauell, or sand-pit, meerestones, baulkes, land, shares, or any matter or thing memorable, because they are often mentioned in records: butts, boundaries, deedes, copies, leases, and to distinguish betweene land, and land, Mannor, and Mannor, parish, and parish, & such like.

Bay.

In deede, I perceiue it is very needfull to remember them all: this riuer indeede is called Otter brooke, and is indeede the bounds betweene this Mannor of Beauland, and the next Man∣nor.

Sur.

What call you the next Mannor, on the other side the riuer?

Bay.

The Mannor of Littleton. But will you obserue the names of all the Mannors, that border vpon this our Mannor?

Sur.

Yea, of necessitie, and whose Mannor it is: for it were a simple part in me,* 1.72 to take the circuit of this Mannor, and if the Lord should aske me what Mannors lay about it, I should answere, I cannot tel: it is fit the Lord should knowe who were his neigh∣bour Lords, and what Mannors were neere him. Whose is the Mannor of Littleton?

Bay.

The kings Mannor: and therefore whe∣ther you may boldly set it downe, you may be ad∣uised.

Sur.

There is no feare, where is no purpose of offence: and in this it is not only not offensiue, but expedient that the true bounds, meeres, & markes of diuision betweene Mannor, and Mannor, should be obserued and set downe, that either may knowe how farre his owne extendeth.

Bai.

It is, I confesse, very necessary. But Sir,

how will you doe nowe? heere is a great pond, through which you cannot measure. how can you find the bredth of it, that when you come to the o∣ther side, you may take the lust distance? for as I conceiue, if you should lay it downe by your scale, as you cal it, too farre, or too short, you should bring all the land neere it out of rule, making it either too much or too little.

Sur.

I perceiue you vnderstand well, for you say truly. Therefore if you obserue what I doe, you shall find that I will not commit that error.

Bai.

How, I pray you?

Sur.

You see howe the instrument standeth,* 1.73 tru∣ly erected as before, & you see a little Mole-hill vp∣on the further bancke of the pond: I lay (as you see) the Index vpon it, and take it for my marke iust in the middle of it, and from this last station I strike a line at aduenture, in the extention, but truly vpon the marke: then without moouing the instrument, I turne the Index from this station, where the in∣strument stands, vnto the staffe which the marke-bearer hath set vp yonder, and strike likewise a line to it, as you see: now I measure from this stati∣on to the staffe, and I find it is 16. perches, that you see how I take it with my compasses vpon the scale, as I shewed you before, and where the foote of my compasse falleth, there is the place where the staff•• standeth. Nowe see, I erect mine instrument againe, and then I place my Index vpon this place measu∣red vnto, and turne the same vnto the middle of the former Molehill: and you see, that the Index doth crosse the first line, & I drawe a third frō the place of

the sta••••e, to the Mole-hill, and it crosseth it, you see, at this place, then I find, that the very point of the crosse lines is the place of the Mole-hil.

Bayly.

But how know you by this, how farre the riuer or pond is ouer?

Sur.

I will tell you presently. Lo, I lay the one foot of the compasse vpon the first station, and the o∣ther vpon the prick of the Mole-hill: and now mark, I lay the compasse, without stirring the feete, vnto the scale, and as you see, it taketh three inches and a halfe: therefore I lay the compasse so, as the one foot may rest vpon the scale, which I haue chosen, which is the inch diuided into twenty parts, and that, you see, is iust in the middle of the inch, which is ten per∣ches, and the other three whole inches, are twentie apeece: so the whole bredth of the pond is 70. per∣ches, deducting as much on either side, as is between the brincke of the pond, and the markes on either side, because I could not plant mine instrumen•• so neere ••he water, but that some space must be of ne∣cessity betweene.

Baily.

I vnderstand this well: and I sée, that by this rule a man may take the distance of a place ••arre off, and neuer measure to it.

Sur.

So may you, and to tell how farre di∣stant diuers things are one from another, though nei∣ther of them be neere you. But for these things, if you couet more instruction, you may referre you to diuers in London, or elsewhere, that are practizers & teachers of these Geometricall conclusions: for now time will not serue vs, neither for me to teach, nor you to vnderstand the things at full, which are requi∣red in the Mathematickes, whereof this is but a p••r••.

Bayly.

I thanke you for your present willing∣nesse: when better your oportunitie and leasure wil permit you, I will be bold ••o trouble you further, & I will be thankfull. I will not now let you: I pray you procéed.

Sur.

What house is this?

Bayly.

These men of the Iury will tell you bet∣ter then I▪ for I am but a stranger here to speake of, and I dare not be too bold to speake either by gesse, or by report, of things which must be recor∣ded to posterities.

Sur.

You do better to forbeare, and to be silent indeed, then to speake what may leade vs into error,* 1.74 as many busie and forward fellowes do, to the hurt sometimes of the Lord, sometimes of the tenant. And some Surueyors ouer credulous, will take their raw reports for matter of record, and so leaue doubts or vntruths to them that shall come after. But what say you that haue bene sworne?

Iury.

The name of the house is Fullers: but why it is so called, we cannot tell.

Sur.

It is so called (no doubt) of some former tenant of that name: for houses and farmes are often∣times called after sundry names, according to the va∣rietie of the tenants names: and it is a good course to set downe all the ancient names of a farme, be∣cause in ancient records, names are found both of farmes, and closes, and such like, that are out of knowledge, for want of the continuance of expres∣sing them in their Copies, Deedes, Leases, Rentals, fute Rols, and custome Rols. But whose is the house now?

Iury.

It is now in the renure of W. Sands.

Sur.

How doth he hold it?

Iury.

By Lease for 21. yéer••s.

Sur.

When I come to any of the land that be∣longeth to this house, let me vnderstand it: for it is conuenient to mention, in setting down euery peece of ground, to what house, farme or tenement it be∣longeth.

Bayly.

Here you are now come to the Lords wood.

Sur.

What call you this wood?

Bayly.

I take it, it is called Frith-wood.

Sur.

It is parcell of the Lords demeisnes, is it not?

Iury.

It is so, Sir.

Sur.

Here are good timber trees, we will num∣ber them.

Bayly.

* 1.75Number them? how is it possible to nū∣ber them, they are so many, and stand so thicke?

Sur.

I confesse (especially if it be thicke of bushes and vnderwoods) there is difficultie in num∣bring them: yet if you will follow my direction, we will come neere the number.

Bayly.

How, I pray you? we will all giue any ayde we can.

Sur.

Then go you along by this hedge, and whē I bid you stand, stand you still: and let another go vp this path, and when he comes right against you, let him stand: likewise another must stand here at the end of the wood, and must not moue, vntil I call him to remoue: and I and my man will accompt the nū∣ber of the trees, that are within the square, which you three and the corner of the wood doth make. Sirra, go you along by the hedge, and let your eye be alwayes vpon the trees that are betweene vs, and as you see me moue, so moue you: and I will number the trees as I go. So, now call away the 〈◊〉〈◊〉 that

stands at the end of the wood, and place them again in another square, and do as before: and so from place to place, till all the wood be viewed, and the trees numbred.

Bayly.

To what end is this? what is the Lord the better, to know the number of the trees?

Sur.

Howsoeuer the Lord be pleased to thinke of the seruice, a Surueyor ought to know it,* 1.76 that whē he shall be demanded of the Lord, what he thinketh the wood to be woorth to be sold, he may be able to answer it; and giue a reason for that he saith, and not to speake at randon or by gesse, without some ground of reason or proofe. For how can a man va∣lue a wood, when he knowes not what crop it bea∣reth? For a wood may haue an hundred trees in an acre, some woods not twenty, some not fiue: and therfore it were great negligence in a Surueyor, that would passe by a wood of the Lords, and would not take note of the trees, yea, and of the reasonable va∣lue of them one with another, that he may be readily able to satisfie the Lord, when he shall demaund the Surueyors opinion, though he cannot answer pre∣cisely, yet neere.

Bayly.

You say truly: But what if there be no trees at all in the wood, as here is a wood adioyning, called Buckes-groue, that hath the name of a wood, but hath no trées at all?

Sur.

Then is it vnderwood,* 1.77 which must be con∣sidered in another kind: for there is difference be∣tweene timber trees, and vnderwoods: for an acre of timber trees may be woorth forty pounds, and far more, or much lesse, when an acre of vnderwoods

can not lightly exceed fiue pounds, and may not be woorth twenty shillings. Therefore must the Sur∣ueyor be heedful, I say, to note what trees are among the vnderwoods, and must also haue skill to iudge of the values of the trees: namely, to iudge what a tunne of timber, or a loade is worth, and how ma∣ny loades a tree will make. And because this is not alike in all places, he must be carefull to obserue the plentie or scarcitie, the vse and little vse of timber or fire-wood in the place where he is to deale, and ac∣cordingly in discretion to iudge of the values of that he hath in hand, else may he deceiue himself and his Lord much,* 1.78 if he prize wood in the wield of Sussex, as it is woorth about Salisburie plaine.

Bayly.

Sauing your spéech, the like is to be con∣sidered in the letting and sale of land.

Sur.

It is true: we haue had a good walke be∣tweene these two stations, and a long discourse of woods. But me thinkes, I see a quarry of very good stone here.

Bail.

Yea Sir, here is both excellent frée-stone and good Marble, and as we shall go, you shall find diuers sorts of minerals and earths: which you can not note vpon your plot, because they are things hidden vnder the earth.

Sur.

* 1.79Yea, but I will (for so I ought) set downe in the plot, the places where euery of these commo∣dities are found. But for the matter and substance, and the profite and value, I know, the Iurie will bring in, in their verdict: for they are all giuen them in charge.

Bail.

It is true: these things are necessarily giuen them in charge. But here is a Mill, Sir, will

you take note of it vpon your plot?

Sur.

In any case: for it is not the least ornament of a Mannor, a faire streame and a well conditioned,* 1.80 and well wrought Mill vpon the same. In whose vse or occupation is this Mill?

Bayly.

It is one G. Iohnsons.

Sur.

By what right?

Bayly.

Let them of the Iury speake.

Iury.

He holdeth it fréely for a pepper corne a yéere. But it was parcell of the Lords demeisnes, but he sold it: and it was a custome Mill very pro∣fitable.

Sur.

He that perswaded the Lord to sell away his custome Mill,* 1.81 had little respect to the Lords pro∣fit or royaltie: the profite comes easily, and the cu∣stome confirmeth the antiquitie of the Mannor. And such a member of a Mannor, I would wish none to put away. But humor and necessitie,* 1.82 are two opposite Emperors; the one commands, willeth, and doth what he listeth, the other forced to do what it would not. And therefore men that may do what they list, and will do what they may, if they erre to their own hurt, are not to be lamented. But they that are constrained to do what they would not, to their pre∣iudice, I pitty them. But I take it, we haue neere tro∣den the whole Mannor.

Bayly.

Almost indéed. Here are some few closes more, and then an end.

Sur.

But here are certaine cottages, me thinkes, builded vpon the Lords waste.* 1.83

Bayly.

Yea, but let them passe, neuer meddle with them: for they are onely shelter for poore peo∣ple, and yéeld the Lord little or no commodity, and

therefore spare labor of obseruing them.

Sur.

Nay, it is a parcell of my taske, I must o∣mi•• nothing, that may informe or benefite the Lord.

Bayly.

Be it then as you will.

Sur.

What are we now at an end?

Baylie.

Yonder corner is the last: for it is the place where you began in Water-hurst com∣mon.

Sur.

So, then we will retire.

Baylie.

What will you then command to be done?

Sur.

Cause the Tenants all to appeare, and let the Iury bring in the verdict.

Bayly.

The Tenants are at the Court house, and the Iury ready with their verdict.

Sur.

I will go with you and take it: call the Iury by poll: make proclamation.

Baylie.

They all appeare.

Sur.

You sworne men of the Court of Suruey, haue you agreed vpon the Articles that were giuen you in charge, and are you prouided with answer vn∣to euery of them in writing?

Iury.

Yea Sir, here it is fairely written.

Sur.

You haue well done in your indeuors, though peraduenture, there may be defects in the forme of your answers, yet if you haue kept the main ayme, which is the seeking out, and deliuering the truth, you haue discharged the parts of honest Te∣nants, and men fearing God. And because that it may be somethings may be omitted, which you may now instantly call to mind: blush not to declare it here, before you be depriued of that you haue writ∣ten▪ for this paper I must haue, and that vnder your hands.

Iurie.

What néede we set to our hands?

Sur.

Because if I erre from it, your hands shall testifie against me: if you haue erred,* 1.84 and I erre through you your hands shall iustifie me.

Iur.

The thing is reasonable, we will subscribe.

Sur.

Now will I reade the Articles of your charge, and to euery Article your answer, that you may yet correct or adde what shall be thought fit, and there∣fore I pray you listen.

Iur.

Reade you Sir.

Sur.

You agree to all these things willingly, whereunto you haue set your hands.

Iur.

We do so, and do here confirme it by the de∣liuery thereof, by our foreman in the name of vs all, to the behoofe of our Lord. And what you else require at our hands, we are ready to performe.

Sur.

You do kindly, and like dutifull Tenants, and be you assured, that your forwardnesse herein shall not be concealed from the Lord, but with true report of your indeuors for the furthering of the bu∣sinesse, which cannot but draw a kind consideration from the Lord againe to you. Which both to gaine for you, and to retaine it, I will truly do my best: and so for this time, I will leaue to trouble you further, vntill I haue set my other collections, which I haue taken in the perambulation of the Mannor, in some order, then will I be bold to trouble you againe, to the end that you may all approue, what is done, whe∣ther I haue truly set downe the particulars: namely, the Lords demeisnes, the free, copy, and leased lands, vnder their true names and due owners: if not, that by your helpe I may reforme it, before I ingrosse it, to continue to your children. For what we do, will be hereafter a light vnto them that shall come after you: and if it should be erronious, it would be preiu∣diciall to your posterities.

Sur.

I pray you therefore, let there be an exa∣mination, and we will gladly giue both our atten∣dance and best ayde to perfect it.

Bail.

I shall then make an Oyes, and adiourn the Court, vntill they haue notice againe.

Sur.

Do so.

Bai.

You will now kéepe your chamber, vntill you haue made your collections perfect, and cast vp the land.

Sur.

I purpose so.

Bayly.

I would gladly sée the manner of your casting vp of the acres as you do it: for the rest, I shal sée, when you haue done. For the Iuries examina∣tion, I will leaue you till the morning, and then will I come to your chamber.

Sur.

Do so.

The end of the third booke.

Notes

• * 1.1

  Good Land∣lords deserue loue.
• * 1.2

  A Surueyor ought to see the Lords euidence.
• * 1.3

  Great houses with small reuenewes, cannot sute well.
• * 1.4

  Mart. lib 2. Great houses fit for great men.
• * 1.5

  Building of∣ten repented.
• * 1.6

  Many chim∣neys, little fires.
• * 1.7

  The best si∣tuation of a house.
• * 1.8

  Earthen Conducts.
• * 1.9

  Beauland Manerium.
• * 1.10

  Beauland. Manerium.
• * 1.11

  Owner of the Mannor
• * 1.12

  Bounds of the Mannor.
• * 1.13

  Mannors intermixt.
• * 1.14

  Freeholders.
• * 1.15

  Felony. Treason.
• * 1.16

  Bastard.
• * 1.17

  Demeysnes.
• * 1.18

  Demeisne in common fields.
• * 1.19

  Common fields, and common meddowes.
• * 1.20

  Commons.
• * 1.21

  Incroching the Lords waste.
• * 1.22

  Parke, de∣meisne woods.
• * 1.23

  Customary Tenants.
• * 1.24

  Briton sol. 165.
• * 1.25

  Descent of customary land.
• * 1.26

  Heyre.
• * 1.27

  Heriotable tenements dismembred
• * 1.28

  Fines.
• * 1.29

  Forfeiture of Copy-hold
• * 1.30

  Customes.
• * 1.31

  Custom roll.
• * 1.32

  Villaines, & Nieffes.
• * 1.33

  Remouing of Meeres or bounds.
• * 1.34

  Cotages.
• * 1.35

  Indentures.
• * 1.36

  Iustments.
• * 1.37

  Custome mil.
• * 1.38

  Socome.
• * 1.39

  Fishing.
• * 1.40

  Fowling.
• * 1.41

  Wayues, estrayes.
• * 1.42

  Mines. Quarries.
• * 1.43

  Turffes and Peates.
• * 1.44

  Slate stones. Marking stones.
• * 1.45

  Deere.
• * 1.46

  Conies.
• * 1.47

  Reprises and payments.
• * 1.48

  Markets. Faires.
• * 1.49

  Pawnage.
• * 1.50

  Euidence.
• * 1.51

  Ad••ouson.
• * 1.52

  Lords Baylie. Steward.
• * 1.53

  Diocesse, hundred, &c.
• * 1.54

  Market Townes.
• * 1.55

  ••••••andum▪
• * 1.56

  Euery Sur∣ueyor is to vse his owne method.
• * 1.57

  Beauland Manerium.
• * 1.58

  Finis 3. po 6. shill. 8 pe.
• * 1.59

  Tenāts must accompany the Surueyor in his perā∣bulation.
• * 1.60

  A plot of a Mannor ne∣cessary.
• * 1.61

  vainglorious Artists.
• * 1.62

  As instru∣ments are diuers, so men diuerse∣ly affect them.
• * 1.63

  All instru∣ments haue one ground.
• * 1.64

  Plani∣metria.
• * 1.65

  Where ••o begin to de∣scribe a Mannor.
• * 1.66

  The mannor of descri∣bing.
• * 1.67

  The vse of the scale.
• * 1.68

  The diui∣ding of the scale.
• * 1.69

  How to find the number of perches in the scale.
• * 1.70

  Quick con∣ceit•• soone forget.
• * 1.71

  The names of all parti∣culars, are to be set downe.
• * 1.72

  Conf••••ing Mannors are to be noted.
• * 1.73

  How to take a distance.
• * 1.74

  They that informe, must know what they say.

  Raw reports without knowledge, are vnfit to be recorded. Houses are called after the names of Tenants.
• * 1.75

  To number trees.
• * 1.76

  A Surueyor should seeke to know the number of timber trees.
• * 1.77

  Difference betweene timber trees and vnder∣wood.
• * 1.78

  The place to be cōsidered.
• * 1.79

  To note spe∣ciall places of profit.
• * 1.80

  A good Wa∣ter-Mill, an ornament to a Mannor.
• * 1.81

  Not good for a Lord to al••••n his Cu∣stome-Mill.
• * 1.82

  Humor and Necessitie, two Empe∣rors oppo∣site.
• * 1.83

  Cottages on the waste.
• * 1.84

  Th•• Iury must sub∣scribe their verdict.