SIr, I am glad I haue so happily met with you, for if I be not mistaken, you are a Surueyor of Land.

Admit it so, Sir, what then?

I haue heard much euill of the profession, Surueying rashly con­demned. and to test you my conceit plainely, I thinke the same both euill and vnprofitable.

You seeme to be but a yong man in yeeres, and are you so deeply seene in the abuse of this Faculty, that you can so peremptorily condemne i [...]?

Call it you a Faculty? What meane you by that word?

Abilitie to performe a thing vndertaken.

Then this faculty of yours, I say, Faculty. is a vaine facultie, and a needlesse worke vndertaken.

Speake you this by coniecture, by report of others, or by due experience of your owne▪

I speake indéede, as indured to the opinion I hold, by all the three reasons.

[Page 2] [...] [Page 3] oftentimes you are the cause that men lose their land: and sometimes they are abridged of such li­berties as they haue long vsed in Mannors; and customes are altred, broken, and sometimes per­uerted or taken away by your meanes: And aboue all, you looke into the values of menslands, where­by the Lords of Mannors do rack their tenants to a higher rent and rate then euer before: and therefore not only I, but many poore tenants else haue good cause to speake against the profession.

Be you not offended at the comparison which I will make to your allegations. Why should not such persons as are inhibited by the lawes of the Realme, to commit certaine acts within the com­mon wealth, cry out against them, that by the same lawes are appoynted Magistrates and Officers to see these lawes executed vpon them, as Roagues, Beg­gers, and other like vagabonds? for if such officers and ouerseers were not, these offensiue persons might haue their wills: so would it follow, that men of peace, and good members of the Common­wealth, should be endangered to be sacked of that they haue, by such lewd persons. Necessary there­fore it is, that there should be such as should see vn­to, informe, punish, and reforme these. And by your assertion you may as well intend, vnder like reason, against keeping of Courts in a Mannor, wherein many abuses are found out, reformed, and punished, which without such Courts would lye smothered, festering so long, that there would be few sound members left within the same.

It séemes, you compare tenants of Man­nors, that are (many of them) honest, ciuill, and substantiall men, to Roagues, and vagabonds. You forget your selfe.

My plaine words are that as well these euill [Page 4] members of the common wealth may speake a­gainst the Surueyors of the common wealth, which (to speake only of the vnder officers) are the Iustices of the peace, Constables, and such like, as may te­nants of a Mannor speake against the surueying of their lands within the same.

That were strange; for by the one, the whole state of the kingdome is kept in peace, and by the other, Friuolous obiections against the Suruey of Lands. many millions disturbed, that might liue quietly in their Farmes, tenements, houses, and lands, that are now dayly troubled with your so narrow looking thereinto, measuring the quan­tity, obseruing the quality, recounting the value, and acquainting the Lords with the estates of all mens liuings, whose auncesters did liue better with little, then loe can do now with much more, because by your meanes rents are raysed, & lands knowne to the vttermost Acre, fines inhaunced farre higher then euer before measuring of land and suruey­ing came in, and therefore I thinke you cannot but confesse, that other men as well as I, haue g [...]d cause to speake of you and your profession, as I doe.

I perceiue that the force of your strongest arguments is as before I sayd, your [...]eare and vn­willingnes that the Lord of the Mannor,The faulty are afraid to be seene. vnder whom, and in whose land you dwell, should know his owne: and that you thinke it better for you, that he should continue still ignorant of what he hath, and that your estates should be alwayes hid­den, and what iniury you doe should be concea­led, then that he should be acqu [...]ted with what you hold, and your abuses, incrochments, vsurpa­tions, intentions, and wrongs disco [...]red.

Sir, we acknowledge that the Lord ought to haue his rent, and that is all, and our seruices at [Page 5] his Courts, but the land we haue, is our owne.

Howsoeuer you may accompt them yours, yet the Lord hath such an interest and propertie in them, as he may also call them his, nay,Tenants may be sayd to be the Lords men. I may say, you are not in such sort your owne, but next vnder the King, you may be sayd to be the Lords.

Fye vpon you, will you bring vs to be slaues? neither lawe, nor reason, least of all reli­gion can allow what you affirme, and therefore as I before conceiued, so I may now protest, that you, and such as you are, are euen the cords whereby poore men are drawne into seruitude and slauery, A rash cen­sure. and therefore I say againe▪ it is pitty any of you haue any imployment in a Common wealth.

What Sir, because I say you are in some sort the Lords? I tell you, that I mistake it nothing at all: for as the King is Supreme head and Prince, and defendour of all his Subiects, so vnder the King is euery Lord of a Mannor chiefe and head ouer his Tenants, namely,The Lord of a Mannor, vnder the King, is head of his Te­nants. A Lord, why so cal­led. [...] such as hold of him: And he hath a kinde of commaund, and supe­rior power ouer them, as they are his Tenants, and for that cause he is called, and they doe ac­knowledge him to be their Lord. And what doth the word Lord import, but a Ruler or Gouernor? If he be your Lord, then are you his, to be gouer­ned in causes determineable within the Mannor, and as I will heereafter prooue, the Lord of the Mannor may commaund his Tenants to accom­panie him into the Field against the enemyes of the King, by reason of some tenures, and they are to follow and be commanded and directed by him, and if they refuse the seruice, the Lord may distraine for it, or may enter vpon their Lands, and resume it as his owne in some case; so that I may well say, that in a sort, euen your lands and your selues are the [Page 6] Lords. The vse and occupation i [...] yours, but if the land were so yours as were none aboue you, you might then call it yours: but so is none, but the Kingdome which the King holdeth of none but of God. And no man is so absolute within the King­dome, but he holdeth his land of some Mannor, or person, or of the King. And of whom such land is holden, the same is called the Lord of that land after a sort, because it is held of him by some kind of [...] or serui [...], and by possibility this land may come vn­to, and by law be cast vpon the Lord [...] whom it is holden, as if you be so willing as you seeme to talke of these mysteries, you shall anon perceiue. And therfore you can not but say, that the land and your selues are in some sort the Lords. And therfore is it not lawfull for the Lord of the Mannor, to enquire and examine of the things in those kinds belonging vnto him? And if there be cleane and plaine dealing among tenants,The innocent neede not fear [...] to be locked into. they need not feare who looke into their lands and estates. But if there be deceits and wrongs against the Lord, policie willeth you to ba­nish any man, and to barre all the meanes that may discouer them, though equitie and honestie be con­tented to discouer all things to the manifestation of truth. Are not these the matters of chiefe impor­tance that disquiet you? The measuring of your lands, the obseruation of the quality, and estima­ting the value of your lands.

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

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

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

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

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

I perceiue, though you may be a good worldly Farmer, you are but a meane obseruer of the course and carriage of things passing dayly vnder your nose. He that hath seeing eyes and an vnderstan­ding mind, may easily see and perceiue, that there is no Mannor, nay, no Farme, be it great, or little, farre off, or neere hand, but hath bin, and dayly is discouered, by priuate intelligencers, lurking in or neere the same, prying into estates,Priuate in­telligencers, and not ho­nest Suruey­ors, giue false informations to their Lords. [...]yming at the quantity, wide, short, or ouer, seldome hitting right, obseruing also the quallity, and glauncing at the value of euery mans land, and therefore se­cretly and vnder-hand do informe the Lords of the Farme, and they being credulous ouermuch, and not a little couetous, build their demaunds both of rents and fines, vpon these most deceiueable informations, whereby the Lord is abused, and the Tenant wronged; whereas were the things seeme, viewed, and surueyed by a iudicious and faithfull Surueyor, who vpon due consideration, and discreet obseruation of all particulars, giues in a true and indifferent certificate vnto the Lord, vsing▪ rather his vttermost indeuour to moderate [Page 8] and mitigate the Lords excessiue demands,The course of an honest Surueyour. then aggrauating the validity beyond reason▪ or a good conscience, you would be of another minde, and I protest, I hold that Surueyor a very bad man, that will either for affection or bribe carry a parciall hand betweene the Lord and his Tenants yee sith he hol­deth as it were the beame of the [...]tance, he should rather giue the better waight to the weakest, respe­cting nothing but a charitable course to be held by the Lord, for whom he trauaileth with the Tenant, a­gainst whom if he speake not, he shall be often sus­pected of the Lord to be parciall. But if there be e­quall consideration on all sides, the Lord will be­leeue the Surueyor deales iustly, and the Tenant rest satisfyed, willingly to leaue, or r [...]dely to accept, as his owne iudgement agreeth or disagreeth with the things propounded. For this haue I obserued, that oftentimes Tenants consider not when they are kindly vsed, neither see they at all times when they are abused.

Truly I beléeue you in part: for indéede there are euen amongst vs, to y^e Mannor wherein I dwell, officious fellowes, that to procure the Lords good opinion, will pry into mens estates, & indéede as you say, into y^e quantity, quality, & value of mens lands, and giue false information oftentimes, and I know it is a foule abuse, Officious In­formers dan­gerous for Lord and Tenant. and of the two, I rather al­low a true suruey, then a false report: for such fond fellowes as are thus busy in other mens causes, are of all mē least to be beléeued; for they speake always for affection or gaine: for they wil [...] the value of them they loue, or haue gaine by, and aggrauate the same, as their hope is of the Lords reward: all this I know without your report. But what is that to the thing you charge poore tenants withall, that they art the cause of their owne hard measuree [Page 9] [...].

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

I know, such rash & ouer forward mē there [Page 10] are in the world not a [...] e [...]ery Mannor▪ who are especially priched forward to this reuelati­on through enuy and a [...], hauing mean [...] to at­chieue their desires. But this bidding and out-bid­ding is in things, wherein the Lord i [...] at his liber­tie to take a tenant whom holist. But in [...] tenem [...]nts of inherit [...]nce the case is otherwise, where the rent is and the fi [...]e (for the most part) certain [...], what needes the Lord haue this surueyd, or any free-hold lands?

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

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

I may well so call it, nay, I may call it a great fault, or an iniury done against the Lord, and hurt­full to himselfe. There is none (it may be you know it) that holdeth of any Lord land, but he holdeth the same by some kind of rent or seruice, and when he comes to take vp his land after the death of his aun­cester, or vpon purchace, but he doth or ought to do homage and fealty,Homage and fealty by free-holders. or one of them, vnto the Lord of whom he holds it; the doing whereof, how cere­monious it is, if you be a Tenant to any such land, you know, and wherein he maketh a solemne vow and oth, to be true Tenant vnto the Lord for the land he holdeth. And some [...]mes the Tenant of such a Tenure, is forced to be ayded by his Lord for the same land, if he be impleaded for it: now, if such a Tenant refuse to shew his estate, or to permit his land to [...] see [...], [...], to [...]e [Page 11] true Tenant, and to [...] are due vnto the Lord, among which, this,A needlesse [...]icenesse in free-holders to shew their deeds and lands to the Lord, or his Surueyour. of permitting the Lord to know his owne, is not the least, nay, he [...]ght by his oth of fidelity, to further it by all meanes, both by his proper knowledge and e [...]idence, not only his owne, but other [...] lands, and thereby he shall not only not preiudice himselfe, but he shall for­tifie his title so much the more, by hauing his eui­dence inrolled, and his land recorded [...]n the Lords booke of Suruey, that when his heire shall take vp the land, or he al [...]en the same, it appeareth that he is true Tenant vnto such lands for such rent, and for such seruices: but there be so many scruples thrust into mens heads, by such as haue a pretended skill in matters of policie in this kinde, and Lords [...] Mannors haue bene so remisse in taking knowledge of the things in this maner appertaining vnto them,Some Lords too remisse in surueying their land. that questions of Titles and tenures are dayly had and moued, to the great trouble oftentimes both of Lord and Tenant, as is seene by experience dayly as well of land holdē of the King, as of inferior Lords, which may be reconciled, if Tenants were not too curious, and Lords too negligent. Besides this, there are other reasons to mooue the Lord to know what land is holden of him, and by what title, rent, and seruice: for free-holders may forfeit their land, and their land may escheat vnto the Lord: if then he should be ignorant what land it is, where it lyes, and how much it is, he may be easily abused for want of records▪ and so are many Lords of Mannors, who for want of due knowledge of their tenants and of their land & tenures, other men are intitled to their right.

You haue said more then I heard or dreamed of, and it holdeth in some sort by reason, how it is by law I cannot dispute: but in all y^t you haue said, you haue not satisfied me in the thing before I spake of▪ [Page 12] touching the [...] which (as I said before) [...] [...]ig [...]er then in former times, [...]y your [...].

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

There you much mistake you: for I will shew by auncient Court [...]lls, that the fine of that which is now twenty pound, was then but thirteene shillings foure pence, and yet will you say they are now as they were then?

Yea, and I thinke I [...] in it▪ Former fines and rents, and the pre­sent, not vn­equall. For if you consider the state of things then and now, you shall find the proportion little differing: for so much are the prices of things vendible by Farmers now increa­sed, as may well be said to exceed the prices then, as much as twenty pound exceedeth xiii. s. iiii. d.

You speake farre from truth, and I mar­uell you will erre so much, pretending to be a [...] of that reach, that men imploy you [...]o ouer reach others.

To shew you then [...]n instance, looke into the Chronicle in the time of Henry the sixt,Iohn Stow. and you shall finde, that a quarter of Wheate was sold at Royst [...]n ▪ in Hartfordshire for twelue pence: and I trust,Wheat at twelue pence the quarter. if you be a Farmer, you are a Corne-seller, and I thinke, if a man offer you thirty times as much for a quarter, you will say it is better worth.

Was it possible that [...]ane was then and there so cheape, and to rise since to this ra [...]? it is very strange.

Not at all:Rents of lād, and prices of things grow together. for since [...] grew such emulati­on among Farmers, that one would ou [...] bid another▪ (which in the beginning was little seene) it grew at length, that he that bought deare, must sell deare, and so grew the prices of things by degrees to this [...]te as [...] they be, and a Farmer gets as much by his Farme no [...], a [...] then he did.

You erre therein, I assure you: for else could Farmers keepe as good houses & hospitality now, as they did then, and alas, you sée how vnable they be.

It is true, and the reason is manifest: for where in those dayes Farmers and their wiues were content with meane dye [...], and base attire,The causes why things haue growne to this extre­mity. and held their children to some [...]stere gouernment, without haunting Alehouses, Tauerns, Dice, Cards, & vaine delites of charge, the case is altred: the Husbandman [Page 14] [...] [Page 15] so publikely: for Vin [...] mendibi [...] susp [...]sa heder a non est upos. A g [...]d workeman néeds not stand in the stréetes.

I confesse, in this you haue sayd truly: for none that is in deede fit for imployment, will, or needs to craue it, in such manner,The perfe­ction of a Surueyors office consi­steth not in one part. for they will be sought vnto and solicited. But euery one that hath but a part of the arte, nay, if he can performe some one, two, or three parts, is not thereby to be accoun­ted a Surueyor, as some Mechanicall men and Countrey-fellowes, that can measure a peece of Land, and though illiterate, can accompt the quan­titie by the parts of money, as a peny to a [...], a groat to a day-worke, ten groats to a Roode, and consequently, a marke to an Acre, which manner of calling sufficeth, and satisfyeth them in their small accompt [...], but the maner of their measuring to [...] erronious, as I will shew you hereof [...] serue. Some haue the skill of plotting out of ground, and can neatly deliniate the same, and by Arithme­tike can cast up the contents, which is a necessary point of a Suruey on office.

Sauing your [...], we poore Coun­try men due not thinke it good to haue our Lands plotted out, and we thinks in déede it is to very [...] all purpose: for is not the Field it self [...] a goodly Map for the Lord to looke vpon, better then a pain­ted paper? And what is he the better to see [...] out in colours? He can adde nothing to his land, nor diminish [...]ut [...]: and therefore that labour aboue all may be saued, in mine opinion.

They that speake at any time againste any thing done, or propounded to be done, do either shew their reasons against it, or else they conceale their conceits, and without any good argument, inueigh only against the thing: And I know your [Page 16] meaning in misliking plo [...]ing of your land,A plot of land neces­sary. and yet you [...] doo what you thinke: for a plot rightly drawne by true information, describeth so the likely image of a Mannor, and euery branch and member of the same, as the Lord sitting in his chayre, may see what he hath, where and how it lyeth, and in whose vse and occupation euery particular is vpon the sud­daine view; which tenants mislike, not that the thing it self [...] offendeth them, but that by it they are often preuented or discouered of deceitfull purposes. For a tenant that is both a free-holder and a copy-hol­der for life▪ or by indenture for life or yeeres, hol­ding these lands inter [...],Great abuses that grow by Farmers and tenants that are free­holders. may easily (vnlesse the land for life or yeeres, be very specially butted and bounded in their copies or leases, as seldome they are, through the sloth of some stewards, or for de­fault of a true suruey led guide them) appropriate vnto himselfe copy or leased land to a free, and espe­cially hauing time [...]nough to alter names and pro­perti [...], to remooue meeres, and to call downe dit­ches, to stock vp hedges, and to smothee vp truth and falshood vnder such a [...] conueniency, as before [...] be suspected [...] view, it will be cleane for gotten, [...] shall be able to say, This is the land: whereas if it be plotted out, and euery parcell of free copy leased, and the rest be truly distinguished, no such [...] can be done against the Lord, but it shall be [...] readily recon­ciled. And I dare presume to say, that the want of due plots and descriptions of land in this forme,Want of plots of land pre­iudiciall to Lords. hath bin the occasion of infinite concealements, and losses of many mens land, and many intrusions and in [...]ro [...]hmen [...]s haue bin made, and to long continu­ed, that now neither memory or record can reforme them; besides infinite other abuses, which are dayly done to the preiudice of Lords, for want of such a [Page 17] monument to be always at hand for their instructiō.

You ayme vnhappily, I thinke, to some mens purposes: but for my part, I promise you I had no such thought in me, & yet what you say, may indéede be easily wrought in mo [...] Mannors, if they be as y^t Mannor is wherein I am a Tenant: for I am per­swaded, there hath not bin any view taken of it, or perumbulation made, or suruey had within the me­mory of any man aliue. And to tell you truly, I thinke the Lord hath much wrong both by his owne Tenants, and by confining Lords; for so the Lord haue his rent, and his other duties of vs, he is con­tented: but I may tell you, Tenants commonly wish not for surueys. if he did better looke into it, it would be better for himselfe and his hereaf­ter, yet we wish he would let it rest as it doth, for we may do in manner what we list, and if a Sur­ueyor come, we shall not do as we haue done, nor hold that that some haue held, long, without any trouble: but that I leaue. Then you say, that plot­ting is the chiefe part of a Surueyors skill.

I say not so, but I say, it is necessary for him that is a Surueyor, to be able to do it, and that he be paine­full & industrious, & hauing this quality with the rest more necessary, he may be then called a Surueyour.Who is a Surueyor.

What are they I pray you?

To little purpose I thinke I shall tell you, yet because you may know that euery one that hath the name, is not indeede a Surueyor:What a Sur­ueyor must be able to do. for besides the former faculty of measuring and plotting, he must haue the vnderstanding of the Latin toong, and haue some sight in the common lawes, especially of Te­nures and Customes, and must be able to reade and vnderstand any auncient deeds or records, French and Latine, and to iudge of the values of Land, and many other things, which if time will permit, I will hereafter declare more at large vnto you.

Why is there such a precise knowledge re­quired in a Surueyor?

Because they are imployd in such businesses as concerne greatest persons in their estates: for al­though men be indowed, by the prouidence of God and in his [...]ounty, with Honors, Mannors, Castles, houses, lands, tenements, woods, and other like reue­nues, which indeed are the sinnewes and ligaments which conioyne & tye Honor and Habiliti [...] together,Reuenues the sinnewes of Honor. yet if these be not managed, guided, and carefully continued and increased by a discreet & honest Sur­ueyor, fo [...] and in the name and behalfe of his Lord, and the Lord agayne proportion his expence and charge, according, vnto or within the compasse of his knowne Incomes, the Lord may be disabled to maintaine that which he hath gotten, the title of Ho­nor: & where Honor is without meanes, it wanteth the substāce, & hath only y^e shadow of it self to looke vpō.

It behaues not only men of Nobility, but in­ferior mē also to looke vnto thēselues, for y^e preserua­tion of their estates, but they indéed y^t haue but little may quickly view it: Sufficit exigno strigilatio curta caballo. But he that hath many Honors, Mannors, Lordships, Tenements & Farmes, can not of him­selfe take view with ease; for indéede they lye for the most part dispersed in many parts, & they must be ayded by the skilfull & industrious trauaile of some iudicious Surueyor, who finding by his view & exa­mination, the true values & yearly possibilities of his Lords Lands, may be a good meane to retaine his Lord within compas of his reuenues, A discreet Surueyor may be a good meane to manage the Lords reuenues. and to worke him to be good to his Tenants, and by that meanes the Surueyor shall deserue prayse, & his Lord win more honor. But I maruell how such great persons did before surueying came vp: for this is an vpstart arte found out of late, both measuring and plotting.

You speake, I thinke, according to your con­ceit, [Page 19] but I will proue it far otherwise, that measuring,Plotting of land, and measuring, is very aun­cient. plotting, and surueying hath bin vsed in ages of old. As for description, it was vsed in Egipt by Ptolomy the King, who described the whole world. And where the Riuer Nilus in Egipt ouerflowed the bancks (as at this day it doth about haruest) the violence of the inundations were such, as they cōfounded the marks & bounds of all the groūds that were surrounded, in such sort as none knew his own land: wherupon they deuised to measure euery mans land, & to plot it: so that afterwards alwayes at the waters recesse, euery man could finde out his owne land by the plot.

Truly that was a most excellēt inuention, & I thinke it indéede a most necessary course to be held in some grounds y^t I know in England, which are subiect to like cōfusion: many marsh lands néere the sea coast in Kent, Sussex, Essex, Suffolke, Lincolneshire, Cambridgeshire, & other Shires confining the Sea, or subiect to great waters, Grounds subiect to surrounding, fit to be plot­ted. & if they were thus plotted out as you say, I must needs confesse it were a good worke, howsoeuer these kind of grounds should be hereafter surrounded, increased or diminished by the force of Seas continuall rage, whereunto they are dayly subiect: for by y^e meanes, if the ditches, which are the ordinary méeres, meates & bounds betwéene seueral mēs lands, be confounded, this deuice might after the winning of these surrounded grounds a­gaine, truly reconcile them, and allot euery mā his own▪ which otherwise will be impossible to bring to true appropriations. And this, in my conceit, is not the least part of your professiō, to lay out grounds in their true formes, that euery seuerall parcell may be distinguished frō other: for I know where great strife hath risen by confounding one Mannor with another, where y^e sea hath woon & lost groūd, & deuou­red y^e true boūds▪ of which I am not alone witnes, & it is dayly seene, y^e questiōs do rise by like casualties, [Page 20] where townes, houses, fields, woods, and much land hath béen and are dayly deuoured, and in some pla­ces augmented, Riuers by force turned out of their right courses, vpon other confining lands; whereof time hath takē such hold, as y^e truth is now brought in question, to the stirring vp of quarrels betwéene parties, which if these places had béen formerly laid out in plot, the doubt would be easily answered. In these things I can not but agrée with you, that your profession may stéed men that haue vse of your tra­uaile in this kind, although no such arte hath bin, nor is it reported to haue had any vse in y^e word of God.

Is there a necessity to produce the vse of this, from examples out of the word of God, when these indifferent things are left to the discretion of man for matters of politike and ciuill society? If euery profession should be driuen to fetch authority from the vse in sacred things,Euery mat­ter in mo­derne vse among men, can not be prooued to haue had vse in holy Scriptures. many things plentifull a­mongst vs that liue in a Common-wealth, would be found prophane: but because you seeme to vrge it, I will not stuck to let you know, that it is not without example in the diuine old Testament. If first you wil haue the proofe of measuring, looke into the second Chapter of Zachary, and there shall you finde, that the Prophet reporteth, that hee saw a man with a measuring line in his hand, and he asked him whi­ther he went? and he said vnto him, To measure Ie­rusalem, that I may see what is the bredth thereof, and what is the length thereof.

I doe remember now that I haue read such a thing indéede, but as I take it, this measurer was an Angell of God.

Then is the warrant of measuring so much the more strongly cōfirmed vnto mē. But you may per­ceiue that measuring was then in vse in other things: for had not there bin the vse of the measuring line [Page 21] before, how could the Prophet haue knowne it to be for that purpose?

Yes, being a Prophet.

He could not haue called a thing by it pro­per phrase, that had not bene in vse before, neither could his relation thereof bene vnderstood of them to whom he declared it, vnlesse they also had before knowne the like.

Can you prooue the like of Surueying?

Ioshua commaunded the children of Israel, that euery Tribe should choose out three men,Ioshua 18. Surueying prooued by Scripture. that he might send them thorow the land of Canaan, to view, suruey, and to describe it: for so is the word, Yee shall describe the land into seuen parts, and bring them hither to mee. And what description could they make, without viewing and surueying the places?

It is true that you say, such a view was taken at that time, that euery Tribe might haue his portion of inheritance. And surely in these Sur­ueyors was much trust reposed by Ioshua the chiefe head of those children of Israel: for according to their report, did Ioshua diuide to euery Tribe his portion. This surely was a works of great discretion and iudgement in the Surueyors, and great prouidence in Ioshua: for indéede he could not trauaile in all those parts himselfe, and therefore he did wisely to ap­poynt such as were fit to performe the seruice, and it makes me remember your former defence of the profession, in travailing for great persons, who can not affoord time nor paynes to view their owne lands themselues. And it is not euery mans gift to be able to diuide lands into equall, Euery man can not e­qually diuide Lands into many parts. or certaine vne­quall parts, that men that are partyes therein, may hold them equally trait withall, vnlesse it be such a one as hath skill in diuiding and opportionating, which thing comes often in vse among men in this [Page 22] [...].

If you had time and experience to looke into, and to vnderstand what hath bin done concerning this matter long ago, you should find in the records of the Tower euen before the Conquest, matter to satisfie you, that this profession was then in vse, and there shall you finde the fruites. And since the Con­quest, the booke called Dowes day, lying in the Ex­checker, will confirme you I thinke sufficiently, that it is not as you say a new inuencion. Beside, the same arte hath been in summe and substance established by act of Parliament,3. Edw. 1. Extenta Manerii. called Extenta Manerii: vpon which Statute, that learned Iudge Master Fitz her­bert, hath written a little commodious and com­pendious Treatise; so that if you stand vpon any further authorityes, I will leaue you to the present general vse thereof, which men of best discretion and greatest reuenues doe hold and continue, and none sp [...]r [...]ie against it, but the malicious or ignorāt.

I confesse, I was lately ignorant of the things which now in part I know, but I was neuer malicious: as for the records and Statute where­unto you referre me. I beléeue you without f [...]rther search, and for my owne part I am sory that ouer I haue so with others backbitten the profession, and slandered the honest professors thereof▪ for I now do well see and plainely vnderstand, that the same i [...] lawfull and expedient, and not any way hurtfull vn­to y^e Tenants, if the Surueyor be skilfull & honest, and his information giuen by his assistants, which [Page 23] [...], [...]e true, and his help of the Lords [...] ready: The Lords records, and the Tenants informatiōs, are the pil­lers of a suruey. for these are the two pillers, vpon which a Surueyor must of force build his worke, information and record, as I take it, al­though record be alwayes preferred before verball intelligence, ye▪ if records be neuer so autentique, and true, of things vnknowne to him that hath the examination of them, what can be effected or done, but as by a blind man that knows his face is to his way, but how & where to step he is vncertaine? and although he desire none to beare him, because his legs are sound, yet he will not refuse to be led by the hand the way he would goe. So a Surueyor, in my poore opinion, y^t hath a bundle, nay a whole trunck full of records of seuerall tenements, and parcels of lā [...] whose names he can reade, whose buts & boūds he can relate, but yet he sees not the way of himselfe to go to thē, or can say without direction, This is it: and therfore I know, that Tenants must giue ayd to a Surueyor, or else he will fayle in his arte much.

You haue said well, and it appeareth, your ap­prehension is good in this businesse, and in deed the ayd of the Tenants is a good help in this case, especi­ally when records are also present: for if record and their informatiō concurre, then is the Suruey or in the right way. But many times if the Surueyor can not help the Tenāts by his records whē they are at fault,The Suruey or by the Lords re­cords may in some things guide the Tenants. he shall hardly finde which way his game goes: for a skilfull Suruey or carying his record in his hād, in his perambulation of a Mannor, shal after the first entry be able to guide himselfe, and go frō place to place, from field to field▪ euen by his owne euidence, if they be truly made, and the buts and bounds right, espe­cially at the names continue vnal [...]ed, and that the Tenants can [...] it as he citeth it, and nothing then [...]s required to be altred, but the names of owners, [Page 24] who change often. And for this businesse, the fittest mē to accompany the Suruey or abroad, are the most auncient,The aunci­entest Te­nants fittest to guide the Surueyor. and longest inhabitants within the Man­nor, for the Surueyors instruction, and the yongest, to the end they may also learne to know the like, to giue like ayd by their experience to posterities.

Me thinks it were a good course (if I be not too sawcy) that a Surueyor should after his perambulation made, and the particulars entred, publikely reade the same before the Tenants in open Court, to the end that they may approue or reprooue what is true or mistaken, for the best may erre in setting downe of many things.

I like your aduice well, and surely he that doth not so, and compare it also with former re­cords, doth not as behooueth. But I know, and haue found by tryall, that Tenants thinke it a hard impo­sition,Tenants vn­willing to accompany the Surueyor. once in their life time to attend such a busi­nesse, they had rather do any worke, then to do their Lord seruice, and themselues this good: for many of them are so wise in their own conceits, as they thinke thē fooles that giue any assistance vnto this worke; and some so wilfull, that if they knew that they and theirs should be for euer benefited by it, they will stand aloofe, and any small occasion of their owne will easily withdraw them from it; and some againe are so worldly, that they thinke no day well spent, but that is spent vpō their present profit: and lastly, some are so giuen to their vaine delights, as neither loue of their Lord, or feare of forfeiture of their tene­ments, or doing good to their neighbors, or secu­ring their posterity, can get any duty in this behalfe to be done by them.

As farre as I conceiue, the Lord of a Mannor may force his Tenants at such a time, to giue their attendance, else you may well thinke, not [Page 25] a few would finds excuses ynow to absent them­selues.

You say well, and therefore hath the Lawe prouided a punishment for those that will not doe their duties in this,The law pu­nisheth Te­nants that will refuse to ayd him in his Suruey. or in any thing that the Lord hath to do within his Mannor, for ordering of his Te­nants. And because Tenants should not be forget­full of their duties, they were in former times, and may be still, summoned to the Lords Court euery three weekes. And the Lords remissnes in calling them, hath bred in many places a kind of contempt, whereby groweth their slacknes in times of their Lords seruice. But the Lord of a Mannor hath po­wer to punish them, and they are remedilesse with­out submission, if the paine be within the compasse that the Court will beare, which is large ynough to weary him that is most arrogant.

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

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

I would thinke it well, if I could attaine but to some part of this faculty, I would leaue the rest to better capacities: but my desire is farre from [Page 26] it, I may not be [...] that the practice is lawfull, A good minde. for I would deale with nothing, where­in I might stand fearefull that God alloweth it not.

I like you well, I wish him that you seeme to feare, to fauour all your honest desires, and name, and that his blessing may follow euery our good indeuors: for whosoeuer vndertaketh any professi­on, be it neuer so lawfull or expedient and necessary for Church or Common-wealth,No profes­sion without the feare of God can prosper. and hath not the grace and fauour of God to guide him, he may for a time seeme to prosper in it, and to flourish and ruffle it out with showes of great blessednes, but it is but like Iozahs Gourd, that grew vp in one night very great and fayre, but withered the next day.

That I thanke God I haue learned, and to tell you truly, for my part I had rather liue in a meane estate in my calling, frée from bribery, ex­tortion, and wrong, seruing God, then to get infi­nite wealth thereby, yea, although not the world, but mine owne conscience can reprooue me for it: for I sée, The brauest is accompted most skilfull. such riches continue not many generati­ons, neither hath it a promise of any blessing, al­though I know, that they that can so rise and flou­rish, and braue it out, are the men best accompted of; for they are held wise and politike, and to haue skill in their profession, whe [...]eas others that beare not the minde to deale corruptly, can not keepe way with them in show, and thereby are condemned to be [...]mp [...]e fellowes, and their honest ca [...]age and [...] [...]ate in the world, The simply honest, most suspected. maketh their [...] to performe what they vndertake suspicious; [...].

You are in the right way of a good consci­ence, which is a continuall feast, such a feast, and of such sweetnes,Though the wicked seeme not to see their owne errors, God seeth them, and will dis­couer them. as the world can not see or vnder­stand the same, but happy is hee whose conscience accuseth him not: for howsoeuer men may seeme to set a good face on euill actions, as if hee could not accuse himselfe [...] his due examination of his owne heart, yet▪ it will come no passe that his con­science will one day bewray it, to his intollerable terror, and hee shall bee forced to accuse, iudge, and condemne himselfe, without any further wit­nesse. And this I tell thee is the end of all such as feare not God, and liue not vprightly and iustly in theyr callings: for it is not the calling it selfe that corrupteth the man, but the man may be cor­rupted in his calling, and abuse his best profes­sion▪ therefore I say, see that thou finde thine in­clination apt vnto this profession,Some are na­turally incli­ned to some profession. and in thy de­sire thou tremble not to attempt the same, for some professions are more naturall then others to euery man, and all mysteries and sciences whatsoeuer, are attayned by some with greater facility and ease then by others; and some by small industry, study, and endeuour shall attayne quickly to that perfe­ction in some faculty, wherein another shall neuer excell, liue hee neuer so long, and bee hee neuer so studious and paynefull.

I finde mine inclination in conceit, pli­able vnto this course of life, how it will succeede, must bee seene by practice: but that is the least doubt, all my feare is, whether I may do it and yet [...] God▪

Know this, that if thou be already of a godly conuersation, hauing the true feare of God sealed vp as it were in thine heart, and dost not desire this pro­fession, [Page 28] as Simon the Magician did, for lucres sake, di­uine knowledge, thou mayst assure thee, this profes­sion will not hurt thee, although the workeman is worthy of his hyre: for none will force thy labour for nought: dulci [...] labor cum lucre. If men did not get by their honest paines, it were meere slauery to vn­dertake any kind of faculty. But to come to the law­fulnes of it,The manner of the execu­tion, not the matter exe­cuted hur­teth. know, that it is the manner of the exe­cution, and not the matter of the profession that woundeth the conscience. Euery man is not borne nor bound to one faculty or trade, neither consi­steth the common wealth of one member, but of many, and euery one a seuerall office, too long to expresse them all in kinde. Is not the eye surueyor for the whole body outward,Surueyers of the body. and the heart the sear­cher within? And hath not euery common wealth ouerseers of like nature, which importeth as much as Surueyors?A Mannor is a little Common-wealth. And is not euery Mannor a little com­mon wealth, whereof the Tenants are the members, the Land the bulke, and the Lord the head? And doth it not follow, that this head should haue an o­uersee [...] or Surueyor of the state and gouernment of the whole body? And followes it of necessity, that the office is vnlawfull? An vniust officer maketh not the office vniust, no more then a crabbed face im­paireth the faire glasse wherein it looketh, or a dusky cloud corrupt faire water whereon it lowreth. In case of Suruey of Land, against which you haue so much inueighed, if you consider it in reason, and make it your owne case, you will say perchance, The case is altred.Priuate and meane men suruey their small things, euen their little Farme [...]. You haue now peraduenture a small Farme, will you be carelesse and dissolute of the estate there­of? will you not wey and consider with your selfe what Land is fit for Pasture, what for Arable, what for Meddow, and the like? and will you not com­mand your seruāt to view it dayly, that no trespasses [Page 29] be done therein, and to see vnto the hedges, ditches, fences, water-courses, gates, and such like? Will you not regard the estate of your Cattell, their number, health, and safety? And haue you not a continuall watch ouer all your seruants and children, and to the preseruation of things within and without? If you do thus in one small Farme, what would you do in ten? could you see vnto them all your selfe? If you had as many Mannors, would you sit at home and receiue the rents and fines that your Tenants would bring you, without consideration of the estate, or values, quātities or qualities of the things for which you receiue their money? And why haue you this care, or would you looke into these things? Is it not, because it is your liuing and liuelyhood,If reuenues decay, a mās estate de­cayes. by which you and yours are maintained? And how much the more it is neglected, so much the more it decayeth: and if it decay in quantity, you can not continue e­quall in quality. And can you therefore thinke it a hard course in that Lord (that hauing his Lands which are his liuelyhood, dispersed in diuers parts of the Realme, to which, through greater imployments of importance, hee can not personally resort,Great States­men can not suruey their owne Lands. if hee could, it is neither his experience, nor fit for his cal­ling to trauaile therein) to authorize and send such as may take view of his reuenues, and of the estates of his Tenants, who are by custome and law in many things bound vnto him, and that by such his substi­tute, he may be truly aduertised of what he hath, and how his meanes do arise, that he may propor­tion his charge and expences accordingly?The charge imposed vpon a Surueyor. and whe­ther he be abused by his Tenants, or his Tenants by his officers, or one Tenant by another, or the Lord wronged by confining Lords, by intruding too far into his Lands, how rents be answered, and customs continued, how free-holders do performe their suits [Page 30] vnto his courts, how his tenements are mayntayned and repayred, how his woods are preserued, his fishings, fowling, and prerogatiues mayntayned? All which, by how much the more they are neg­lected and let run without view or suruey,Wherein ho­norable per­sons do of­fend, in neg­lecting their reuenues. so much the more doth the Lord weaken his estate, and preiudice his heyre: wherein, it can not be denyed, hee offendeth God, deceyueth the King, and de­fraudeth the Common-wealth. God, in that he is carelesse of his blessings bestowed vpon him. The King, in that he wilfully disableth himselfe to doe hym the seruice he oweth him in body and goods: and the Common-wealth, in that he disableth him­selfe to giue it that assistance, that his quality and place ought to affoord; and consequently, shew­eth hymselfe vnworthie to ouersee matters of State and Common-wealth, that is carelesse to see v [...]to hys owne. Furthermore, where a due and true suruey is made and continued,True surueys continue peace be­tweene Lord and Tenant. there is peace mayntayned betweene the Lord and his Tenants; where, if all things rest betweene them confused, questions and quarrels arise, to the disturbance o [...] both. In priuate familyes, if there be none to ouersee and to manage things domesticall, what disorders, what outrage, what vnciuill and vngod­ly courses, and what spoyle and ruyne of all things doe follow? The lyke of necessity, where Tenants are left vnto theyr owne will: and yet, as the vn­ruly companie in a family could be contented to bee masters of themselues, and to haue no con­troulement. So Tenants can well brooke theyr Lords absence, and that they might be theyr owne caruers, and that the Lord should haue what they would yeeld of theyr owne accord. I speake not of the honestly minded: but where a multitude is without a guide or gouernor, there is disorder; and [Page 31] disorder breedeth complaynts; and complaynts are vnsauory to a kind Land-lord, who must be forced for redresse, to punish the offendors: and the most offensiue will speake most of theyr wrong, and wyll soonest exclayme against any course that may keepe order. So that, to conclude, I affyrme,The faulty will first finde fault. that it is most requisite and expedient for due order sake, that euery Lord of a Mannor should cause his Lands to be duly seene, and truly surueyd and certifyed,A Suruey must be re­nued once in seuen or ten yeeres. and once in seuen or tenne yeeres to haue it reuiewed: for the inconueniences that growe by the neglect thereof, are of so many kindes, and they so dangerous, (lyke the most perilous disease long concealed) that they worke contempt in the Tenants, and losse to the Lord. Now, to keepe this vpright betweene the Lord and hys Tenants, I thinke you can not deny, but a true and honest Suruey is necessary and lawfull, and may bee performed with a good and safe con­science, and in the feare of God; if (as I haue sayd) the conscience bee not before stayned with the corrupt desire of vnlawfull gayne, and (as I sayde before) I thinke fewe or none wyll mislike the course,None mislike true surueys, but decei­uers. but such as are fare gone in some disease of deceyuing theyr Lord, which can not in­dure to haue this kynde of salue to come neere theyr sore.

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

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

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

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

What should Tenants principally do in such a businesse?

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

For, information, and shewing the parti­cular grounds and bounds of the Mannor, indeed is [Page 33] fit, but for their euidences, as their copyes and lea­ses, the Lord hath the Court-rolls of the one, and counterpanes of the other; and for f [...]ée holders déeds, their Land is their owne, and whether they may be compelled to shew them or not, I can not tell.

These are [...]iuolous doubt [...] that some haue formerly made, but they haue bin answered to their cost, for the law compelleth them all. For, admit the Lord of the Mannor haue the rolls wherein the co­pyes are recorded,View of Euidences necessary. may not copyes be abused after their entryes, or counterfetted in some things pre­iudiciall to the Lord, as may also the Lease, as hath been found oftentimes, names and liues of men, par­cels of Lands, dates of yeeres, and such like, [...]azed, inserted, or altred? And is it not fit therefore that they be seene & entred together, that without search of so many court rolls the Lord may be satisfyed, & the Tenants iustified? And what preiudiceth it the Tenant, to haue his euidences truly recorded, if he meane plainely, be it copy, lease, or free deede? he will thinke it a confirmation of his estate▪ Entry of deeds conue­nient for the Tenant. what ca­sualty soeuer come to the same, he may be the bet­ter assured that such a record will witnes with him; whereas if none such appeare, his intrest will be the more suspicious: and therefore such as are wise and discreet, will not only consent to this good course, but be thankefull vnto the Surueyor as behooueth. If it be iust and right, that the Lord should know his owne, who should manifest it, but the Tenant himselfe▪ and how should hee doe it, but by his eui­dence? And most vniust it is in that Tenant, that by any wilfull or sinister meanes or couert practice, doth either detract his fellow Tenants from the ser­uice, or concealeth any thing that may further the same.

This I can not deny, although indéede [Page 34] some [...]oly fellowes will [...] doubt héerein, but I sée it is to good purpose, and for our better security, The Tenants duty. to do all things requisite in this bu­sinesse, and that all the Tenants within the Mannor should conioyne in [...], and euery one for himselfe, and all for one▪ and one for all, should séeke, examine and declare the vttermost truth of euerything, to­wards the exact performance of this seruice, and that the Surueyor should know the quantities, qualities, and indifferent pain [...] of euery mans Tenement and Lands, their rents, seruices, cu­stomes, wor [...]s, and whatsoeuer the Tenant is in lawe or conscience bound to yéeld or performe to his Lord; and indéed thus [...] haue I heard giuen in charge at a Court of Suruey, with many other articles, which are now out of my mind [...] ▪ all which may be done by Tenants with a good conscience, both by relation in Courts, and in the perambula­tion: but the concealing of these can not stand with an honest mind, for these things of themselues can not preiudice the Tenants, but the misconceiuing misen [...]ring by the Surueyor, may be erroneous, and the ouer-racking, What things are euill in a suruey. vrging▪ and ouerburdening the Tenants by the Lord, may be extortious. These things may fall out by meanes of an vniust and vn­skilfull Surueyor, and a couetous Landlord. And the feare of this maketh the Tenants to exte [...]ate the values, and to smother the truth of things to their soules danger: therefore happy are those Te­nants, that haue a gracious Lord, and an honest Surueyor; for then there can not be but an equall and vpright course held betweene them▪ then can not the Tenants but be faithfull and louing to their Lords, The princi­pall causes of instituting Mannors. and their Lords fauorable to them, so should the Tenants be defended by their Lords, and the Lords fortified by his Tenant [...], which were the [Page 35] two principall causes of the originall foundation of Mannors as I haue heard.

You say rightly, and I am glad to heare you conceiue so well of this apparant necessity; for so may I say, that it is of necessity that the Lord should know the full and absolute estate of his Mannor, and of euery particular thereof: for howsoeuer of late dayes Tenants stand in higher conceits of their free­dome, then in former times,Tenants ar now in con­ceit more free, then in former times. if they looke a little back into antiquity, they shall see that Tenants (for the most part) of euery Mannor in England, haue ben more seruice vnto theyr Lords, and in greater bon­dage then now they are, whom the fauorable hand of time hath much infranchised, and it can not be altogether euery where forgotten, because they may see as in a glasse, the picture of theyr seruitude in many auncient custome rolls,Auncient bondage. and in the copyes of theyr owne auncesters, and many seruile works haue been due and done by them, and in many pla­ces yet are, though the most are now turned into money: but neyther theyr infranchisements, nor the conuersion of works into rents doe so farre free them, but that they still owe seruices vnto their Lords, in respect of their tenures, as well freehol­ders as customary Tenants, as both in most of their copyes and deeds is expressed by these words, Pro [...]editu & seruitiis vnde prius debit. & de iure consuet. Euery infe­rior estate is conditionall. which proueth their tenures in a sort to be condi­tionall: which condition if it be wilfully broken by the obstinate carriage of any such Tenant, he indan­gereth his estate.

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

And it were very foolishnes in a Tenant, for wilfull refusall thereof, to indanger the [...]ame: for if [Page 36] the Lord be in lawe tyed to mayntayne the right of his Tenant, and to defend him against any other that shall pretend a false title vnto his Land, the Te­nant is againe bound to performe all such seruices, and to pay all such dutyes as of right he ought. And it is expedient that the Lord should see these dutyes continued, and it hath been and is dayly obserued, that the neglect thereof extinguisheth the remem­brance of them,The Tenants seruice is parcell of the Lords in­heritance. and so the Lord loseth his inheri­tance: for euery seruice of the Tenant is parcell of the same, and the remisnes of looking into these tenures, hath brought it to passe, that infinite within this king­dome, that hold in fee quillets of Land, and some Manno [...]s, know not how or of whom they hold; so that hereby Lords of Mannors, of whom these quil­lets were heretofore knowne to hold,Discontinu­ance of ser­uice hurtfull to the Lord. haue lost their tenures and seruices, and such as hold the Land by vnknowne tenures, are cast into the danger, to hold to their, and their posterities further hurt.

If Tenants will be wilfully obstinate, and refuse to do and continue their vttermost seruices vnto their Lords, as bound by their tenures, béeing (as you say) parcell of the Lords inheritance, they are worthy to be attached of disobedience, and to pay for their contempts: and if Lords will bée so negligent, as they will not looke vnto their owne, they are worthy to lose their right: and therefore I hold it discretion in the one to do his duty, and pro­uidence in the other to continue what is due; and if by age or impotencie the Tenant be disabled in person to performe his seruice, Seruice of the Tenant. to craue dispensati­on, or to do it by another; and if the Lord be farre off and can not be present, to substitute one to re­ceiue it for him. But Sir, in all your discourse, I haue obserued, you haue pleaded (as it were) for the Lord, against the Tenants, exacting sundry [Page 37] dutyes from them to their Lords, but I haue not heard you speake much against the Lords in fauour of the Tenants, and yet I know there is a kind of reciprocall bond of duty each to the other, and may be broken of either side.

It is very true, for as children are bound to their parents by the bond of obedience, so are the parents bound to the children by the bond of edu­cation: and as seruants are bound to their masters in the bond of true seruice, so are the masters bound to their seruants in the bond of reward. In like maner, Tenants being bound vnto their Lords in the bond of duty,Lords and Tenants are bound each to other. so are Lords bound vnto their Tenants in the bond of loue: and though I haue sayd little at this time of the duty of Lords to their Tenants, the occasion hath not bin offered at this time.

I trust you haue sayd enough concerning the duty of Tenants, for they can but pay rent, and do seruice, more can not be exacted.

Yet rent and seruices are diuers and diuersly answered and done, which I could be content to shew you more at large, but that yonder comes a Gentleman that will interrupt vs: know you what he is?

I will tell you by and by as he comes néere. Oh Sir, it is my Landlord, a man of great possessi­ons, Lord of many Mannors, and owner of diuers Farmes, who hath béen inquisitiue for a man of your profession, but to tell you truly▪ I altogether disswaded him before this time: but now hauing heard your reasons, I will solicit him for your im­ployment, and I would wish you might vndertake first the Mannor wherein I dwell.

At his disposition and pleasure be it: and so for this time I leaue you.

FRiend, of late I met with a Tenant of mine, who told me you are a Sur­ueyor of Land.

I haue beene, and am sometimes imployd in that kind of seruice.

I haue at this time some occasion to vse the ayd of one of your faculty: and I haue heard by my Tenant, that your skill and diligence may satisfie my desire therein.

I shall do mine endeuour wherein you please to commaund me.

There bée many, I know, that bea [...]e the name of Surueyors, but when they are put to it, they come far short of some principall poynts required in the absolute performance of the worke, All that pro­fesse it, are not Suruey­ors. and ey­ther leaue it halfe done, or so shuffle it vp, as the Lord is abused, and the Tenants wronged, by the blind and vncertaine returnes of the Surueyors trauailes: for a Lord of a Mannor knoweth not, but by such as he vseth therein, the estate of things, and how the particulars stand betwéene the Lord and his Tenants. If the Lord of the Mannor haue neuer so good a mind to deale well with his Te­nants, [Page 39] and the Tenants be neuer so inclinable to do true duty to their Lord, Ignorance in Surueyors, dangerous. they may be both misled by an vnskilfull Surueyor, to the vniust condemna­tion or suspition of both. And therefore I thinke it behoueth men of worth, that haue vse of such as you are, to be well assured of the skill and ability which you pretend to haue in your profession; and because I haue no further experience of you then the bare report of my Tenant, I must intreate you to dis­course vnto me a little of your knowledge of such particulars, as are to be considered in the absolute suruey of a Mannor.

Sir, you seeme to oppose me farre, and the thing you demaund, will require a longer time, and a larger discourse, then either my leysure, or peraduenture my present memory of euery parti­cular will readily permit. And it may be, that you that pretend little knowledge in the arte, may ap­prehend both the truth of the thing,Some not ha­uing the name of Sur­ueyors, may haue the skill. and an error committed in the performance, as well as he that assumeth the title of a Surueyor, although neither your leysure nor your quality may in reason permit you the trauaile in it: for I know many Gentlemen of good woorth, that haue the speculatiue parts of the whole, and the practick of the deepest, and yet they will not be seene to tread that path that a Sur­ueyor is forced to do, in the whole businesse. You haue the matter and subiect whereon a Surueyor worketh, and without which a Surueyor loseth both arte and name, and therefore you cannot be altoge­ther ignorant of the things required in the busi­nesse, as the Master of a feast can not dresse the dainties, but the Cooke, yet can the Master reproue the Cooke if he do not his duty therein.

Thou sayst true in thy comparison: but for my part, although [...] I haue Land, and I [Page 40] know how many Mannors I haue, their names, and where they lye, and the most of my Tenants, and theyr rents, and if you should erre in these, it may be I might be able to reprooue you, yet for matters of farther search, I assume not to be skil­full, fo [...] then I néeded not yo [...]r seruice, as of quan­tities, qualities, values, validities of estates, te­nures, customes, and other things incident to a Mannor, which are not in all Mannors alike, the true discouery whereof belongeth to the Suruey­ors off [...]ce, yet none but such as are truly skilfull, can sufficiently discharge the duty héerein required: and therefore by your leaue, you shall briefly (I will not be tedious) relate vnto me what you can say of the def [...]nition of a Mannor, whereof it consisteth, how, when, and by whom it was erected, with o­ther such things as shall be expedient for the Lord of a Mannor to know the particulars whereof I will leaue to your relat [...]on, and first tell me What a Mannor is.

Sith you will needs diue into my poore skill, by your opposall, and sith indeed I do in some measure professe the arte, wherein I thinke no man is or hath bene so exquisit,A man may erre in what­soeuer arte. but hee might erre in some poynt or part much or little, as in other artes, yet to answere your demaunds, I will as briefly as I can, satisfye your desire. And first, where you demaund what a Mannor is, A Mannor in substance is of Lands, What a Mannor is. Perk. fo. 127 Wood, Meddow, Pasture, and Arable: It is compounded of demesnes and seruices of long continu­ance. As touching the beginning of a Mannor, and the institution thereof, the beginning of Mannors was,The begin­ning of Man­nors. when the King gaue Lands vnto his followers, in such quantity, as did exceed the proportion of a mans manurance and occupation, as a thousand, two thousand Acres more or lesse: which quantity [Page 41] of Land being at that time as it were in a lump or Chaos, without any distinction of parts, or qualities of Land, he to whom such Land was giuen to hold to him and his heires for euer, enfeoffed some others in parts thereof, as one in ten, another in twenty, and some in more, some in lesse Acres, and i [...]on­sideration of such feoffements, euery of these were to do the feoffer some kind of seruice, as he and they agreed vpon, reseruing such a part vnto himselfe, as he might conueniently occupy in his owne hands, and by this meanes the Land thus giuen by the King, and thus proportioned out to others by the Donee, became to be called a Mannor. And he that was thus inuested in this Land by the King, was in respect of such as he infeoffed, called the Lord, Lords and Tenants why so called. and such as were infeoffed, were called Tenants: Lord, in respect of gouernement and commaund; and Te­nants, in respect of their tenures, and manner of hol­ding vnder the Lord whom they were to obey.

But when or about what time was this erection of Mannors?

As I take it, and as it seemeth, in the time of the Normans:When Man­nors began. for among the Saxons was no such name as the name Mannor, yet the thing euen in substance was then, for they had Demeisnes, and seruices in substance,Inlandt. Vtlandt. but the demeisnes they cal­led Inlands, and the seruices Vtlands, so that it dif­fereth only in name, but in Iurisdiction little or no­thing at all.

Whereof is it called a Mannor?

There is some differēce of opiniōs whēce the wo [...]d Mannor should be deriued: it is in Latin called Manerium, Whence a Mannor ta­keth name. yet a word not vsed among the Romans or ancient Latins, & therfore to find the etimon by it, can­not be: for the word is vsed among our Lawyers, as many other made words are, which haue bin termes [Page 42] raised by our Lawes, & are not elsewhere in vse; and therefore the neerest way to find the signification of the word, is by the quality of the thing; so that some hold, it should proceed of the Latine verbe, Maner [...], which signifieth to abide, or remayne in a place, as the Lord and his Tenants did in this, wher­of the head house, or the Lords seate was called Berrye, Berrye. quid. which signifieth in the Saxon toong, a dwel­ling place, which continueth yet still in Hartford­shire, and in diuers other places, and is also taken sometimes pro castro, which was also the seate of the Lord of some Mannor [...]. Mannor houses were also, and yet are called in some places,Halls. Courts. Halls, as in Essex, and Northward: Courts and Court-houses West­ward, as in Somerset, Deuon, &c. as also Mannor places all which are places of the Lords owne abode, and therefore it may not vnfitly be said, to take name of abiding or dwelling. Some thinke, and not im­properly, that it taketh name of the French word Manemirer, which signifieth to till and manure the ground. And of the two, I take this latter to be the most proper deriuation of the word Mannor: for thereof are many chiefe houses of tillage, called Pre­dia, Predi [...]. Graunges. It may also take name of Mainer, to gouerne and guide, because the Lord of the Man­nor had the managing and direction of all his Te­nants within the limits of his iurisdiction. Of these deriuations qualem mauis accipe▪ necessity tyes to neyther.

These significations of the word may stand all with sence, and much materiall it is not whence the word ariseth, but the likelyest is indeed that which most agreeth with the propertie of the thing. But I haue within my Mannors sundry mesuages: whence is the name deriued?

Of meisus, or mesuager, which is as much [Page 43] to say, as familiam administrare, Mesuage, whence it taketh name. to gouerne a hous­hold: for euery of the Tenants had his family, and of diuers of them and of the Lords family did a Man­nor consist.

Then no doubt, if a man haue a thousand Acres of Land more or lesse, to him and his heires, which lyeth in one intire péece not yet diuided, may be diuided into parts, as a portion for the Lord himselfe, and some parcels to erect such mesuages for Tenants to do him seruice, as he may make a Mannor where none was before.

No Sir, for although a man haue a compe­tent quantity of Land in his manurance, and would conuert it to the end you speake of, were it neuer so great, and could establish many mesuages, A Mannor may not be made at this day. and could erect whatsoeuer seruices, this would not become a Mannor, because all these must haue long continu­ance, which can not at this day be confirmed by any priuate man, but by the King only: but he may haue thereby a kind of seignory, a Lordship or gouerne­ment in grosse ouer his Tenants by contract or couenant, but no Mannor. No man at this day can create a seruice or a tenure, or by any meanes rayse or erect a Mannor: for there must be very Lord and very Tenant in fee-simple, and that of auncient cōmencement and continuance, or else it can inure no Mannor. For a man may haue demeisns to occupy, and Tenants to do him seruices, and that of conti­nuance, and yet no Mannor. As if a man that had Land, did giue part of this Land in former time to some others in tayle to do him seruices, heere are demeisnes in the donor, and seruices in the donees▪ and a tenure: yet because there be not very Tenants in fee simple, remaketh no Mannor.

Whether are all Lands holden of a Man­nor, parcell of the same Mannor?

No, Lands may be holden of a Mannor by certaine seruices, the seruice may be parcell of the Marnor, and yet the Lands not.

But may not this Land be made parcell of the Mannor at this day?

By no other meanes but by escheat, for if the Land fall vnto the Lord by escheat, then it comes parcell of the Mannor: for then is the seruice extin­guished, and the Land commeth in place of it.

May not a man purchace Land that lyeth néere his Mannor, and annexe the same, and make it parcell of the Mannor, though it held not of the Mannor before?

Forraine Land newly purchased, though it lye within the precinct and bounds of the Mannor, can not be annexed, though the Tenant thereof be willing to do his seruices there: for this is in nature of a new creation of a tenure, which at this day the lawe will not admit, only the King by his prerogatiue may.

What if it were tyed vnto the Lord of a Mannor for the payment of an annuity, is not the annuity then parcell of the Mannor? And if that Land be purchased by the Lord, and thereby extin­guish the annuity, doth not that Land come in place of the annuity, and so become parcell of the Man­nor, as the Land you spake of before, which by the escheat ran in place of the seruice▪

The case is not alike: for the annuity was not parcell of the Mannor,22. Edw. 4.44. neither can it be by such meanes as you propound by the way of Mortgage. But in another sort it may: as if a Mannor be to be diuided into sundry parts,22. lib. ass. 53. and because the parts fall out vnequall in value, there must a rent or annuity be apportioned to make vp the value, which rent becomes parcell of the Mannor.

If the Mannor be diuided, as you say, and a rent allotted to one part, how can the rent be par­cell of the Mannor, forasmuch as in my vnderstan­ding, the Mannor becommeth by this partition, to be no Mannor: for if there can be no addition to a Mannor, there can be no diuision of a Mannor, and yet the Mannor to continue still a Mannor.

Yes Sir, of one Mannor may be made diuers at this day.

How I pray you?

If a Mannor descend to diuers partners,26. H. 8.4. and they make partition, and euery one hath demeisnes and seruices, euery one hath a Mannor, and euery one may keepe a Court Baron.

What if a man make a feoffement vpon conditions of parcell of his Mannor, or do graunt a Lease to another for life of part, or do intayle part, are not these parts still parcels of the Mannor?

If parcels of a Mannor be once thus seuered, they immediatly become no parcels thereof: yet may they all reuert and become parcels of the Man­nor againe, as if the condition of the feoffement be broken, if the Tenant for life dye, or the limitation of the entayle discontinue for want of heires.

Then a man may say, that though such Land be not, yet the reuersions are parcels of the Mannors.

So it is intended.

Well, you haue reasonably well satisfied me in these poynts, yet would I gladly haue some further satisfaction of some other matters, touching the state and profits of a Mannor.

I would be willing to do my best to content you, but you partly hinder me of other businesse. What else would you know? I wish breuity.

It shall be so, neither shall you lose your [Page 46] labour: for I meane to vse you, if my future satis­fact [...]on be answerable to this former. May euery Mannor kéepe a Court Baron▪

Euery Mannor in the beginning, no doubt, might keepe a Court Baron,Euery Man­nor may keepe a Court Baron. and so it may at this day, vnlesse the Mannor be so dismembred, as it wanteth that which may warrant the keeping thereof: for if all the freeholders of a Mannor do escheat, or all but one, the Mannor is then disabled to keepe a Court Baron, for the Court cannot be kept without suters, which are the freeholders.35. H. 8.

Then me thinks, the Mannor loseth the name of a Mannor: A Mannor may lose the property, and so the name. Fitzh. 3. C. A Seignory. for if it lose the quality, it is not the thing, no more then a logge that had fire, can be sayd a fire-logge, when the fire is extinct.

It is true, it becomes no Mannor, but a Seig­nor [...], hauing no power to keepe a Court-Baron.

An ignorant Surueyor, I sée, may be easily deceyued, in terming that which is no Mannor, a Mannor, and that no Mannor, which indéede is a Mannor. But satisfie me in this one thing. A man hauing two Mannors lying together, and the one of them is decayd, and hath lost his power to kéepe a Court Baron, and the Lord is willing to haue the Tenants of both these Mannors to do their suites and seruices to one Court, namely, to that which standeth yet in force, and that me thinks were good for the Tenants to ease them, and it would preserue the Lords right without preiudice to any▪ for then one homage would serue both, and both serue as one, one Bayly, and other officers, as if it were an future Mannor.

Yet this can not bee, for this vnion of the Mannors can not extinguish theyr seuerall distin­ctions, for they will be still two in nature, howsoe­uer the Lord couet to make them one in name, and [Page 47] the more powerfull Mannor hath no warrant to call the Tenants of the decayd Seignory, but euery act done in one to punish an offendor, in the other is trauersable, and therefore it is but lost labour to pra­ctise any such vnion; if it be considered by such as are forced to seruice in this kind, they may refuse it: yet if they will voluntarily submit themselues to such a nouation, and the same be continued without con­tradiction,How two di­stinct Man­nors may be made one. time may make this vnion perfect, and of two distinct Mannors in nature, make one in name & vse, and I do not thinke but such there are.

Then is there, as it séemeth, no meane to annere two Mannors in one, howsoeuer necessary it were both for the Lord and Tenants.

Yes Sir, two Mannors may become as one, if one Mannor do hold of another, and it escheat to the Lord, the escheated Mannor may be annexed, and vnited, and of two distinct Mannors become one, if the Lord will, in vse.

I am answered in this poynt, and it stan­deth with more reason indéed then the former: now I pray you tell me what things do properly belong to a Mannor.

There do belong to a Mannor, Lands, Tene­ments, rents, and seruices, as I shewed you before in part, which are a parcell in demeisne, and parcell in seruice.

But speake, I pray you, something more at large of euery of these, and first tell me what de­meisnes are.

Demeisnes are all such Lands, as haue bin time out of the memory of man, vsed and occupied in the Lords owne hands and manurance, as the site of the Mannor house, Meddowes, Pastures, Woods, and arable land, that were reserued for the maintenance of the Lords house from the beginning.

This then is that you call parcell in de­meisne: what is that you call parcell in seruice?

Parcell in seruice.All those lands, tenements, and heredita­ments, which yeeld rents of Assize, as rents of free­hold, copyhold, or customary land: all which are par­cell of the Mannor, yet no demeisnes.

But are not all customary land copyhold land?Copy and cu­stomary Lād, and their difference. why then make you a distinction betwéene copy and customary?

All copy hold Land is commonly customary, but all customary is not copyhold: for in some places of this Realme, Tenants haue no copyes at all of their Lands or Tenements, or any thing to shew for that they hold, but there is an entry made in the Cou [...]t-booke, and that is their euidence, and this especially of the ancient Duchy land of Cornewall, and other places.

These Tenants then may be called Te­nants by Court-roll, according to the custome of the Mannor, but not Tenants by copy of Court-roll.

It is true, but they are held only a kinde of conuentionary Tenants, whom the custome of the Mannor doth onely call to do their seruices at the Court,Conuentio­nary Tenāts. as other customary Tenants do.

The word conuenire, where of they be called conuentionary, doth, as I conceiue, import as much as to call together, or conuent: but what say you to the Rents of Assize? What meane you by Assize?

Truly, for my part I take it to signifie, set in certainty:Rents of As­size, why so called. for these kind of rents are as in the begin­ning, neither risen nor falne, but doe continue al­wayes one and the same, and only they and none else can be properly called rents of Assize.

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

No: there are properly three kinds, as rent [Page 49] seruice, Rent seck, and Rent charge. 3. kindes of Rents.

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

These Seuerall rentes are paide vpon seuerall considerations,How euery kinde of rent is to be payd. and haue seuerall grounds and com­mencementes, and are diuersly to be leuied and re­couered if they bee denied. That which is called Rent seruice, is so called, because it is knit to the te­nure, and is as it were a Seruice, whereby a man hol­deth his Landes, or Tenements. As, where the Te­nant holdeth his Lands, by Fealty and certaine rent, or by Homage, fealty, and certaine rent, or by any o­ther seruice and certaine rent, the rent is called Rent seruice: for, as the Seruice followeth a Tenure, so the Rent followeth the seruice. And if this rent bee behind, the Lord of Common right may enter and distrayne for it. The Rent charge is so called, because when a man graunteth any Land, whether it bee in fee-simple, [...]ee tayle, for life, for yeares, or at will, and in his deede reserueth a rent, with clause of dis­tresse for non payment, by vertue of this clause, the Land is charged with payment of the rent, by ex­presse wordes, and by force of it the Lord may dis­traine for his rent behind.

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

It is true, for at this day, there can be no rent seruice raysed, because it cannot bee without [Page 50] a tenure, which can not be at this day created.

What is that you call Rent seek?

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

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

Profits may rise by infinite meanes and wayes out of a Mannor to the Lord,Profites of Mannors are infinite, and in all Man­nors diffe­rent. but all Mannors yeeld not profits or commodities alike neither in na­ture, or value.

I thinke indéede all Mannors are not a­like profitable to the Lord, neither hath euery Man­nor like meanes, yet I desire to know for my expe­rience sake▪ what may grow out of a Mannor, that I may the better looke into the natures & qualities of such as are vnder my power and comm [...]nd.

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

You may doe well to shew mée, though briefly, what euery of these former things doe pro­perly import, for to tell me the names, and not the [Page 51] natures of the things, is, as if I should know there is a Sunne, but whether he giue light and heate, to be ignorant. Therefore before you passe further in any discourse, shew me how fines of Land doe arise vnto the Lord, and what amerceaments are, and the rest.

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

Whence taketh the word Amerceament name?

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

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

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

Heriots. That would I be glad to learne [...] for I haue to doe sometimes with Herio [...]s▪ But because I know not why they are so called, what they bee, how, where, when, by whom, & for what they should bee answered, I do feare I am sometimes abused.

I may tell you as I haue heard, and of my selfe coniectured, whence the word commeth. But I haue no certaine authority for it. I [...] may be [...] said, and most likely it is, that it should come of the word H [...]rus, Heriots whence so called. a Lord and Master: and Heriot [...] belonging to the Lord. And it was in the begin­ning a thing for the warres, as the best Horse a man that died had at the time of his death. [Page 53] [...] [Page 54] [...] [Page 55] [...] [Page 56] [...] [Page 57] [...] [Page 58] [...] [Page 59] Sixe Control [...] 11/26 maketh a Barony. 25600. acres, whose reliefe is 100. Marks.Mag. Cart. Ca. 3. An Earle­dome. One Barony ½ make an Earledome 38400 acres, whose reliefe is 100. pound.

Do these proportions of Land alwayes hold, with their titles of honor?

Surely no▪ for we may obserue, they are in­creased, and diminished, as men are in disposition to spend, or saue, to adde to, or to dismember their pa­trimonies. But these were the proportions at the first institution of these particular allotments, and the de­nominations do hold, though the quantities of the Land be more or lesse: the lesser parts we see, as yard lands, plow-lands, &c. differ, as the custome of euery Countrey drawne by time, doth at this day hold and allow: but that is no preiudice to the first purpose, which allotted a certainty to euery part, and a cer­taine reliefe to be paid, according to the first institu­tion of euery part, and the payment followeth the title, not the quantity.

You haue sayd inough of reliefs: now speake of the rest: and as I remember, the next after reliefs was waynes, what are they?

Waynes, or wayned goods, are goods or chattels of what nature soeuer, stolne,Waynes, or wayned goods. & in the fugacie of the thiefe, he le [...]ues them behind him for want of conue­nient carriage, or conueyance, being pursued; and wheresoeuer such goods are, they are y^e Lords of that Mannor o [...] liberty wherein they are foūd, if the pre­rogatiue of y^e Mannor wil beare it: for euery Mannor wil not, but such as haue it by graunt from the King.

Whence commeth the word Waiffe?

The goods thus stolne and left behind the thiefe, are called in Latine Bona, or catalla waniata:Waife, whence deriued. a word, which our common Lawyers only vse, and the signification is gathered by the vse: for I thinke, none [Page 60] that is a stranger to the [...], he be neuer so well seene [...] ▪ can say this word signifies the thing for which it is now [...]ken.

Well then, as long as we vnderstand the meaning, by the vse it sufficeth, without further ex­amination, or disputation about the word it selfe. But how is it to be [...] goods? for it may be as [...] casually l [...]st, as [...] stolne.

Therefore when any such thing is found within a Mannor,How to prooue way­ned goods. the Bayliffe, or other the Lords of­ficer, seizeth it to the Lords vse, as a thing wherein at the instant no man claymeth propertie. And if it be nor euident by the pursute of the theefe, that it was stolne, it is proclaymd and presented the next Court, and found by the Iury of what nature it is, and that the property is in the Lord: and because these and estraye [...] are spoken of at large at euery Court-Baron by the Steward, no man can pretend ignorance of them, therefore I will omit to speake any more of them.Forfeitures. But, a little of forfeitures, though no doubt, you being Lord of many Mannor, know right well what they are, and how they grow, and the [...] no doubt, could wish you and other Lords knew lesse then generally you do.

Tush, if there were no penaltyes, men would commit offences without feare, and if there were no forfeitures for abuses done against Lords of Mannors, Forfeitures fit to curbe offendors. Tenants would too boldly make waste [...] [...] spoyles of the Lords inheritance, without regard of law, loue, or humanity: and therefore let me heare your opinion what forfeitures are, and for what causes, Lords of carelesse Tenants may take aduantage of forfeitures.

I know many Lords too forward, in taking aduantage of forfeitures vpon small occasions, and if manifest cause be giuē them, they shew little com­passion: [Page 61] And if I knew you were a man desirous to take aduantage in this kinde, I would be [...] sparing to discouer any thing tending to that liberty: for, I well conceiue, that the lawe did not to much pro­uide, to enrich the Lords of Mannors, by their Te­nants forfaytures, as to keepe Tenants in good or­der,The chiefe end of for­faytures. and to restraine them (with feare of losing their Tenements) from rash and wilfull abuses. And therefore in all forfaytures, there are diuers circum­stances to bee considered; as whether the Tenant did it ignorantly, negligently, or as constrained through necessity. In these cases, whatsoeuer lawe in extreme iustice alloweth, a good conscience for­biddeth to take aduantage, though the second be worthy to suffer some smart: for negligēce cannot be excused: for nature it self teacheth beasts, & they in their maner of liuing, vse a kinde of prouidence. But if the forfayture be cōmitted wilfully or malici­ously, it deserueth in the first, little, & in the second lesse pity. Yet where a good mind is, there lodgeth no reuenge, or couetous desire. And where neither of these are, there all extremities die. Yet I wish, that in these last two cases, the offendors should be pu­nished more in terrorem, for examples sake, then to satisfie the greedy desire of a couetous Landlord, who (though he may say, he doth no more then the law warranteth) doth yet straine a point of Christian charity,A good meane to make Land­lords sparing to take for­faytures. by which men are bound to measure all mens cases by a true consideration of their owne. So shal he that is Lord of much, and of many Mannors, looking into the law of the great Lord, of whom he hath receiued, & [...] whatsoeuer he hath, finde, [...] himselfe hath committed a forfayture of all, if his high Lord should take aduantage of all the tres­passes [...] wrongs hee hath done against him.

You are out of the matter, wherof our talk [...] [Page 62] consisted, I desire you not to tell [...] I may take a forfeiture by a good conscience▪ but what a forfeiture is? and [...] the taking and lea [...]ing the aduantage, vnto such as haue the power to pu­nish or forgiue.

So must I when I haue spoken all I can. But I hold it not the part of an honest mind in a Suruey­our,The part of a good Suruey­our. to be an instigator of the Lords extremities to­wards his Tenants: though I confesse he ought to do his vttermost indeuour to aduance the Lords bene­fit in all things fit and expedient, yet ought his coun­saile and aduice to tend no further, then may main­taine obediēce in the Tenants towards their Lords, and loue and fauour of the Lords towards their Te­nants, which being on all side [...] vnfained, neither of them shall haue iust cause to complaine of, or to vse r [...]go [...] to the other, for it is not the actor himselfe of any extremity, that is only to be reprooued, but the abetter there unto: and if I wist that any Lord, who shall [...]quire the vse of my poore trauaile [...], would ex­pect more at my hands, then the performance of my duty with a good conscience, I had rather leaue then take the reward for such a trauaile. Neither do I find that you, howsoeuer you reason of this poynt, will commit any act towards any Tenants you haue, that may not be iustified by the law of loue: there­fore I leaue further to perswade or disswade you herein.Forfaytures diuers in dy­uers Man­nors. And as touching the matter and manner of forfeitures, I pray you vnderstand, that they be of di­uers kinds, and diuers wayes committed for in some Mannors it is lawfull to do that, as [...]ath in others in­curr [...]s a forfeiture. Forfeitures grow either by br [...]ch of a custome, as in Customary or copy hold Land, or of a condition or promise in a Lease or graunt, of which last, the Tenant can not say he did not thinke it was so, because the meaning is expressed in his [Page 63] deede: but of [...] in some sort ignorant [...] them to leade them.A custome­ro [...] necessary But for the most part causes of forfeitures are apparent, and knowne of all within a manner; as non payment of their rent, not doing his ser­uice ▪ [...] where cu­stome inhibits it,Causes of for­feytures. letting his [...] to f [...]ll [...] the Lords [...] waste, and such like, which as I sayd before▪ are not alike in all places, and therefore it is most conuenient that the customes of euery Mannor were knowne, and the Tenants made ac­quainted with them, that when question groweth for any cause of forfeiture, they may not say they knew it not: for Lords commonly know better how to take aduantages of such casualties, then the Te­nants know how to auoyd them.

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

The forfayture must be first presented to the homage at the next Court holden for the Mannor,How and when a Lord may enter after a for­feiture. and there found, & recorded, & then hath the Lord power to shewe Iustice or mercy. It were inconue­nient, that the Lord should bee iudge in his owne cause; and [...]his present caruer of things doubtfull. And therefore hath the Lawe ordained, in all con­trouersies, euen in these inferiour courts, a iust man­ner of tryall by Iury.

May none, but Copyhold Tenants, for­fayt their land?

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

What is an Escheat for▪ as I remember, that followeth in your formerly r [...]cite [...] perqui­sites of Court.

What es­cheates are. Eschete is, where a freeholder of a Mannor committeth felony, the Lord▪ of whom his Land is holden, shall haue his Land, and that kinde of forfey­ture is called escheat.

The Lord may then enter immediatly in­to this Land, because the lawe hauing tried the fe­lony, it casteth the Land vpon the Lord [...]

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

Is this all the causes of escheats?

Escheat for want of heri­ots. Escheat may also be, where a Freeholder, Te­nant in ancient demeisne, and a customary Tenant of in­heritance, dieth without heire generall or speciall, & none of the blood comming to claime the same, it falleth vnto the Lord, by way of escheat.

This then is immediatly the Lords, and the King hath no part, or time therein, and with­out any further ceremony, he may enter & dispose of that his pleasure.

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

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

The heire generall, is of the body of the de­ceased, and the speciall, of his bloud or kinne.

So haue you satisfied me thus farre: nowe what say you to the pleas of Court? for I remember, [Page 65] it is part of that you before spake of▪

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

Whereof commeth the word Perquisites?

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

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

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

Are there no other Perquisites of Court, but such as you haue already remembred, nor other [...] Mannor▪

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

Then are they also casuall▪ and may [...]e called also Perquisites of Courts, [...]

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

[...]

Yet the Lord must be [...] howe he lets these casuall thinges, before hee knowe what they are, [Page 67] how they rise, & what profite they may yeeld, how they will continue▪ and to whom, and vpon, what conditions he graunt them. Otherwise he may bee ouertaken and much abused: for a secret once [...]et, can not be reuoked a [...] pleasure▪

[...]

Therefore I say, it behooueth the Lord, to whom such casualties shall befall▪ first to make due and diligent triall by men, both of trust and experi­ence, what may bee made of any such thing by the yeere: for such is the wa [...]y dealing of some,Policie in Bailies, and ouerseers. that haue the guiding of things of this casuall nature, that they will obserue the conditions and qualities, circum­stances and value to themselues, and disable the thing, and estimate the value to the Lord, to bring him out of conceite with the goodnes and validitie thereof, to the end they may obtaine a graunt, as hath fallen out in many things, and to many men, whose future profite of the things thus atchieued, haue approoued the Lord to be much abused. This I knowe by experience, in the graunt of a cole mine, which as long as it was in the Lords hands, it yelded a small yeerely reuenew, vntill he that managed the same, got a graunt of the Lord, and then the profite was twice qua [...]rebled by the lessees own confession. The like of a Sa [...] on fishing, wherin the Lord lost two parts in three, & yet at the time of the letting, made to beleeue, it was hardly worth the rent: yet would I wish that Lords of Mannors in these casual things, would be contented, after true triall made, to grant the same for a reasonable [...]ēt, though the lessee gain▪ for the trauaile and hazard in these vncertaine [Page 68] [...] [Page 69] whereby I may apprehend truly the full estate of my Mannor as belieeue [...], and what commodi­ties do rise, or may by any meanes lawfully be rai­sed in the same.

If a painter should draw your picture, Sir, and you hauing a blemish in your face, or defect in your limmes, would you thinke he dealt truly with you, if he omitted the blemish, and made your liue a­mēts perfect & straight, being deformed & crooke [...]?

I know your meaning: I like no such flat­terie, neither would I he should make a straight leg crooked, but true conformitie in all parts.

So will I as neere as I can: for neither in quantitie, qualitie, nor value, will I,A Surueyor should be e­qual betwen Lord and te­nant. for I ought not be partiall: for these are the things wherein in [...]u [...]e may be done to the tenants: neither will I, for I ought not cōceale or counterfeit their estates, terms of yeeres, liues, couenants or conditions, rents, ser­uices, forfetures or offences, neither whatsoeuer pro­fites, emoluments, or commodities that may any wayes arise or grow vnto the Lord. For a parciall eye seduceth the heart, and the heart, the hand, and the hand the pen, which cannot but witnesse against a corrupt entrie of these collections, many yeeres af­ter the Surueyor is in his graue.

Thou speakest as an honest man, and I mislike thee not, if thy words and thy works agrée. And séeing we are growne thus farre, I pray thée make an end of thy whole discourse, & tell me what else appertaineth to a Mannor.

I haue alreadie declared the most. But Man­nors much differ in their profites. For a Mannor of small quantitie of land, and few tenants, may be more beneficiall to the Lord, then a farre grea­ter.

How may that be?

Diuers Lordships yeld extraordinarie co­modities,Commodi­ties vnder the earth. some vnder the earth▪ some of the earth, some aboue the earth: as Ti [...]ne, lead, copper, cole, stones, milstones, and such like, found vnder the earth, which euery Mannor hath not.

But these are chargeable commodities to get.

So is the Lord of the Mannor at no cost in planting, plowing, setting, or sowing them.

That is true, but commonly the land is barren where these things are found. And therefore it is a great worke of diuine prouidence, The wise­dome of na­ture. to yeld such a commoditie from vnder the barrenest soile, to supplie the want thereof in plates more fertile, of o­ther things more behoouefull for the reliefe of man. And yet in many of [...]hese barraine places, groweth by the diligence of man, corne in aboundance, as the Psalmist sayeth:Psa. 70.16. A handfull of corne shall bee sown: vpon the toppe of the Mountaine, and the fruit therof shall shake like the Trees of Lebanon.

Whe [...]e diligence is and the feare of God, there no doubt, God blesseth the labors of men, and watereth euen the highest Mountaines from his Chambers. For when Israel turned to God from their Idolatrie,Psa. 104.13. Ezech. 36.9. Psa. 109.3, 4. hee promised by Ezechiel, that their desolate places, and high Mountaines, should bee tilled and sowne. But he maketh a fruitfull land bar­raine, for the sinnes of them that dwell therein. So that whether God send his blessings vnder the earth, vp­on the Mountaines, or in the Vallies, whether in grasse for Cattle, in herbes for the vse of men, whe­ther in Wheate, Oyle, or Vines: he truly int [...]tleth none vnto them, but such as feare to offend him, and shewe thankfulnes.

Though these words digresse from our pre­sent matter in hand somewhat▪ yet it is good, that [Page 71] both Lords and tenants should know and acknow­ledge indéed, frō whom all these good things do pro­céed. For although they come, Lords and tenants must acknowledge all to come from God. some from vnder the earth, some of the earth, and some aboue the earth, they [...]e not yet the gifts of y^e earth, but of God that hath prouided the earth to bring them foorth to our vse. But what mean you by the things of the earth? come not these of the earth?

Yes, I confesse i [...]: but some things are more perfect of themselues then other. But such as by an extraordinarie working of mans art, are made of the earth, I tearme things of the earth, and they also rest to the benefite of the Lord of that Mannor where such earth is found: as the earth whereof Allome, Things made of the earth. Co­pras, Salt-P [...]ter, Glasse, or other such is made, together also with Fullers earth, Bricke, Tile and Potters clay, which are not common.

Is there any other thing Materiall, inci­dent to a Mannor

Yea, and amongst all the rest of the priuiled­ges which the Lords of Mannors haue to raise their further benefites by, are two not yet mentioned, wherein if they be not very precise and circumspect how they bestow them, and in what sort they dispose of them, there will follow a fearefull account, when the great Lord of all Lords shall take suruey of the things done by the Lord of the earth.

What are these things, I pray you, that you make such scruple to vtter them?

Things of themselues lawfull by the lawes of the Land, where they be iudiciously and carefully handled, as they are by the lawes intended, and by the chiefe disposers meant: namely, the mariages of Wards, Wards. Presentatiōs and disposition of their lands in their minori­ties, and the presentations of benefices in the gifts of priuate men.

For the first, I haue yet no occasion to make proofe, how or what they are, but the second, I haue had some power to bestow, wherin I was not so re­misse, as that I presented such as were not fit for y^e fun [...]tion, which I thinke is your meaning: & there­fore let that passe awhile, & learne me what a Ward is, and how he and his land is to be disposed by the lawe, that I may learne it against the time I may haue vse.

The word Ward, whence takē.The word Ward is as much as guard, which signifieth tuition or defence, and he that is in ward, is vnder some mans gouernment and keeping: and the word hath a passiue signification, as it is vsed in our common speech, and yet the same word is also vsed in the actiue sence: as they that watch or attend for the defence of any, are called the ward or guard of that person or thing they do protect. But the wards whereof we are now to speake of, are the sonnes or daughters, heires to some person, that held his land either of the king in chiefe, Wards what they are. or of some inferior person by knights seruice: whose heire male being vnder the age of 21. yeeres, and the female within the age of 14 yeeres, the Lord shall haue the ward, guard, or custodie of the bodie and of the lands so holden of him, to his owne vse, vntill they come to these ages, without making account to the heire when he or she comes to age, as law bookes will tell you.

Then me thinkes, the word as it is com­monly vsed, is improper, namely, to call [...]uch an he [...]e, a ward: it is more proper to say, he is in ward, or as the Law [...]er sayes, a ward.

I take it as y [...]u do.

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

This kind of wardship had some reason for [Page 73] it in the beginning. For you must vnderstand, that he whose sonne or daughter is to be thus guarded, and his land to be disposed by the Lord, was in his life time bound, by the tenure of his land, to do man­ly and actuall seruice in person in the time of warre: or to keepe a castle, [...]ith some kind of warlike wea­pon, in the time of war and peace. And these kinds of capital seruices were called either tenures in capite, What tenure drawes wardship. as holden of the king, who is the chiefe E [...]nage vncer­taine, grand seri [...]tie, or some other like seruice, and was called seruici [...]m mi [...]tare, seruice of a soldier, now called knights seruice. These seruices were not to be discontinued, for to that end, were the lands first gi­uen by the king and other inferior Lords of Mānors, that they might haue the continuall seruice of their tenants. And therefore whensoeuer the tenant of such a tenure died, hauing none to supply the place of like manly seruice, the heire being vnder age, and not of power, the Lord was and is supposed to be bound for the defence of the Realme, to performe the seruice by a person, for whom he must answer in the heires minoritie. And because the charge was in former times great and dangerous,The cause. and the land gi­uen onely for that cause, the Lord was to keepe the heire, and to see him trained vp, and to be made fit for the same seruice: and for his maintenance & sup­ply of the seruice, to haue the vse & profit of his land, vntill he became able to performe the seruice him­selfe in person.

I thinke this to stand with great reason: for if it had not bene thought reasonable, the lawes would not haue prouided in that case as they haue done: as it appeareth by your relation.

Many Statutes indeed haue bene made tou­ching Wards ▪ Mag. cart. ca. 4.7. & 28.Statutes for the confirmation of ward­ships. Ma [...]l. cap. 6.7.8. &c. Westm. 1. Westm. 2. and many Statutes since, to which I refer you, too long here to relate.

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

Truely, to put Lordes and others, into whose hands they often happen, in mind to be care­full of their education and disposing: because many inco [...]uenienc [...]s follow, if their Guarders be not faith­full, and prouident for their wel bestowing.

How, in bestowing?

Mariage of Wards.In mariage. For the Lordes haue the mari­age both of the Male and Female, if they bee vn­maried at the time of their ancesters decease. And it falleth out many times, that partly for their land, and partly for their mariage, they are bought and sold, and marryed yong, and sometimes to such as they fancie not, & when they come to riper iudge­ment▪ they bewray their dislikes too late. And some­times their education is so slenderly regarded, that when they come to gouerne themselues and their familyes, their estates and patry monies, they disco­uer what their education was, good or euill.

There bée thrée especiall ends whereunto the good education of such an Infant should send. Three ends wherevnto the good e­ducation of Wards ten­deth. The [...] and principall, is the feare of God, in true Religion: the second is, the benefite that the Com­mon-wealth shall reape, by his vertue and suffici­encie: the third and last, the abilitie by which hee may gouerne his familie, and manage his patrimo­nie, for his best maintenance. But what can you now say, touching the second of these chiefe points? Namely, the presenting of Clarkes vnto Ecclesi­asticall [...] ▪ and how it commeth to passe, that our Lay man (as he is called) may nominate and present a Clarke, to a Parsonage, Uicarage or [...] Chappell, Why lords of mannors doe present Clarks. whose function is high, and diuine.

The reason why these Lay-lords of Mannors do pres [...]n [...], as aforesaid, is in right of the Parsonage, [Page 75] Vicarage, or free Chappell, belonging to their Man­nors, & where the Lord of the Mannor is very and vndoubted patron of such an Ecclesiasticall gift, hee may make his choice of the parson, or vicar. Alwayes prouided, by diuine ordinance & humane institu­ [...]ions: he must be Idoneus, fit for the place.

But lye th [...]t in the Lords power, onely to nominate and present such a one? and is it then suf­ficient if hee deeme the partie fit?

No, he must be approued fit by his Ordinarie, the Byshop of the Diocesse, by whom he must be in­stituted and [...].

Then is the Lord in his nomination▪ and presentation, cleared of offence to the Church, if the partie prooue after insufficient.

He is in some sort. But he is bound in consci­ence to be very circumspect in his choice. For i [...] any carnall consideration mooued him to the partie, he standeth not cleare before God, into whose steade he intrudeth himselfe after a sort in this case. But if he do it in a godly zeale of the good of Gods church, he will ayme onely to the vertues of the man,No carnall consideration must moue a Lord to pre­sent a Clark. and not to any humane respect. For, although the party haue an higher probation namely, by the Bishop, that is especially of his literature, which is easily found by examination▪ But his qualities, conditions, and con­uersation▪ by time and experience, and that most the present or haue good triall of,What a Pa­tron must consider in his choice. before he either name him, or present him. For he is as it were the hand, that reacheth him forth to be receiued of the church. A matter farre higher and of g [...]eater moment, then euery man that couers ad [...]ousons for such presentati­ons sake, can reach vnto by their rashnes. For if they weyd the matter in the ballance of diuine iudgment, they should find their vnderstandings far too light to performe it as they ought. For if he proue vnprofita­ble, [Page 76] of scandalous to the Church, as too many doe, he that presented him so vnaduisedly, will fearefully answere it in time to come.

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

Sir, I hold it neither part of their patrimo­nie,A Parsonage or Vicarage no part of a Mannor. nor part of a mannor, neither a thing vnto them of any aduantage to their person: but a thing apper­taining vnto the Mannor, i [...] such sort as the Lorde may dispose of it, as before is sayd: and the greatest benefite is, that he may vpon the vacation, appoint a worthy man to teach himselfe, and his tenants, which as I cōceiue it, is a sweet gain: for by the godly Minister, he and they may gaine heauenly riches.

As thou sayest, it is a great benefite, nay, it is a high blessing to haue a godly teacher of y^e peo­ple: and it is a blessing of God an him, that h [...]uing a godly care, findeth, nameth and presenteth such a one: and wo to him, that negligently or wilfully doth the contrarie. But what say you [...] impropria­tions? for they also are within the compasse of a Suruey, Impropria­tions. where the Lords take the tithes and nomi­nate a Minister, Vicar, or other hireling, and he (of­tent [...]mes vnworthy) serues the turne, as is com­monly obserued in too many places of this Realme.

I know too many such, the more to be lamē ­ted, & that in Mānors of great value, & parishes ve­ry populous: whose continued ignorance of diuine [Page 77] duties, bewrayeth the originall to proceede, first from that Satanicall beast, to foster monasticall idlenesse. And as a matter too high for me, to aime at the [...] formation, I reuerently leaue to their [...] haue authoritie to reproue it, and power to reforme it.

[...] is there to be consi­dered, touching the [...]

Nothing Sir, that I now remember: but a matter almost out of vse, a tenure called Villanage:Tenure in villanage. that is, where the Tenants of a Mannor were Bond­men and Bondwomen, the men were called Villaines, and the women Neiffes.

It hath a base title: A Villaine is an appro­ [...]rious [...], howsoeuer it tooke beginning.

As the word is how vsed and taken, it is in­deede a word of great dishonor: but the time hath beene, the word hath bene of no such disgrace. And it is now but as the thing is ment by the speaker, and taken by him to whom it is spoken▪ although some say, that a villaine is quasi ser [...]u [...]: which name indeed is of a more tolerable construction in our common sence, then is now the name of [...], which is in­deed no more then villanus, Villaine quid. a Rustique or Countri­m [...]n, which word is in sence contrary to Ci [...]es, or [...] that since the Conquest by the Nor­manes, these villaines became bondmen: for where the Conquerour came and preuailed by force,Villains came by conquest bondmen. there the Countrey people became Captiues and Slaues. But Kent, which was not subdued by the sword, but by composition, retained their freedome still, as did also many Cities.

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

Because they indured, vnder that name, ma­ny [Page 78] [...] [Page 79] [...] [Page 80] [...] [Page 81] too much fruga [...]itie, and that he needes not to care for getting more, he hath no rent to pay, but some to receiue which will maintaine him: and when he is gone, all is gone, spending is easier then getting. And thus by little and little roweth himselfe and the hope of his posteritie vnder water, in the calme weather. Whereas he, that hath a rent to pay, is not idle, neither in hart nor hand:The farmer cares to pay his rent, and labors for it. he considers the rent day will come, and in true labour and diligence pro­uides for it, and by his honest indeuors, and duti­full regard, gets to pay rent to his Lord, duties to the King, reliefe to the poore, and maintaines his estate more pleasing to God, more obedient to the King, more profitable for the common-wealth, and more truly contented in minde, then sometimes his thriftlesse Landlord. I inferre not yet by this Sir, that because they sometimes thriue well, that liue vpon rackt rents: therefore you Landlords, should impose the greater rent or fine: that were to doe e­uill, that good might come of it, nay rather, to doe euill, that euill may followe: for if there bee not a meane in burdens,Happie is the Tenant, that hath a good Land­lord. the backe of the strongest Ele­phant may bee broken. And the best and most care­full, and most laborious, and industrious husband, may be ouercharged with the rent of his Land. Hap­pie therefore is that Tenant, that meeteth with a considerate Landlord, and happy is that Landlord, that may see his Tenants prosper and thriue, and himselfe haue his due with loue. And on the contra­rie, I thinke it will bee very vnpleasant to a good minde, to see his Tenant to be ouercharged, and be forced to fall vnder the burden of ouer-heauie an imposition.

Wel, I haue heard all thy discourse with pa­tience: and indeede my desire was to heare thee in these things, and I mislike not any thing in thy [Page 82] whole relations, and thy conclusion is not amisse, though perchance some young nouices of the world might censure thee: reason will not but alow wh [...] thou hast sayd. And I wish that all the Tenants that I haue, may liue vnder me with comfort: for to tel the truth, I had rather buy a smil [...], and a good report of my faithfull tenants, A good re­solution in a Landlord. somthing to my losse, then to get their frownes to my gaine. For there is no comfort in a discontented people, though some haue said: Rustica gens, optima flens, pessima gau­dens: which may hold among Infidels, and vnde [...] Tyrants, but not among Christians, that should not grieue one another.

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

That is my will. But who comes yonder?

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

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

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

Yea.

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.

Loue him then, for such deserue loue.Good Land­lords deserue loue.

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

It is the part of good tenants, and an argu­ment of a good Landlord. But fare you well, I can­not now stay, I haue bene long letted by your Land­lord and you.

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

I am now going about it.

I thinke it be in your choice where to be­gin, 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.

Keepe you the Lords records?

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

A Surueyor ought to see the Lords euidence.So it behooueth. Is it a large Mannor?

It is spacious in circuit, and of great ap­parance 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 commodi­ous.

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

That is it, and a stately house it is in­deede.

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

What meane you by that?

I meane, that a Titinus may harbour in a Peacockes cage:Great houses with small reuenewes, cannot sute well. 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 buil­der, it is as if Paules steeple should serue Pan [...]ras Church for a Belfrey.

I thinke my Landlord sent you not in­stea [...]e of surueying his Land, to deride his house.

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 [...], Mart. lib 2. Great houses fit for great men. 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, [Page 85] 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:Building of­ten repented. I could point out pla­ces 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 buil­dings, a comly ornament it is to the face of the earth. And were it not that the smoake of so many chim­neyes, did raise so many duskie cloudes in the aire,Many chim­neys, little fires. to hinder the heate and light of the Sunne from earthly creatures, it were the more tolerable.

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

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

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.

Truly, here is a pleasant ascent,The best si­tuation of a house. 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,Earthen Conducts. which I like farre better then them of Leade, both for sweetnes, [Page 86] and continuance vnder the ground. The trees are well placed about the walkes, but that they are som­what 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 sum­mon the tenants to make their appearance, accor­ding to the purport of the same.

I Sée you are busied, and I perceiue you are casting vp the quantitie of this square péece of land.

So I am.

This, I take it, is plain and easie to be mea­sured.

I pray let me see your skil, what containeth it?

I thinke, if I were vpon the ground, I could tell you: but vpon the plot I cā ­not, because I remember, you do it by your scale: I would gladly sée the vse of it, and how you apply your scale to the perches: and if I saw it once, I thinke I could then gesse at it. Where is your scale?

This that you see like a ruler diuided.

If you will giue me leaue, and if I trou­ble you not, I will try how neere I can come to it. I apply the compasse to the ene side of the figure of the close, and then letting the compasse stand, I lay the compasse to the scale, & I find it is iust one inch, which is▪ third part [...] [...] of the whole scale: and as I remember, you made your scale twenty perches to an inch.

You say right.

Then is the one side 20. perches. And hauing layd my compasse to the rest of the sides, I find them twenty of each side. What now is to be done?

Multiply the one side by the other.

Then I must say twenty times twenty, that makes foure hundred perches. But now am I at a s [...]and againe, how shall I know how many a­cres is in this figure?

You must know, that there go 160. perches to one acre, 80. perches to halfe an acre, 40. perches to one roode,The parts of an acre. on fourth part [...] of an acre, ten day-works to a rood, foure perches to a day-worke, 18. foote and a halfe to a perch.

Then I perceiue, that as many times as I find 160. perches in 400. perches, so many acres the péece is, and if the ouerplus come to 80. perches, it makes halfe an acre more, it to forty, one roode, it is foure perches, a day worke: and so ac­cording to the [...] perches, it maketh parts of an acre,

You take it rightly.

Then I diuide 400 by 160. and I find 160. twice in 400▪ and 80. ouer: so it amounts to two acres and a halfe.

It is well done: but I would haue you ob­serue, [Page 147] a forme in setting downe your quantities: for as the parts are foure, so set them downe in foure co­lumnes: as for example: 2-2-0-0: the first is acres, the second is roodes, the third is day-workes, and the fourth perches.

I thanke you Sir, I pray let vs see some other forme.

This forme following is also a square, let me see how you will cast it vp.

I haue

laid the cōpasse to the sides, as before, and by the scale▪ all the sides are twēty perches a p [...]ce, as were y^e first, [...] I find no difference in the quantitie.

But you shall find you are in an error: for it is not the length o [...] the sides that iustifies the quan [...]titie: but the angles must be considered:Peeces of e­quall sides, may make vnequall quantities. for you see there is great difference betweene the angles of the first figure, and the angles of this: for the angles of the first are all right angles, but this hath two sharpe or acute angles, and two blunt or obtuse angles, which maketh difference in the quantity, though the sides be equall euery way to the former.

I pray you shew me the reason.

Your eye may discerne, there is inequalitie in the bignesse of these two: but you shall proue it thus: the first is a iust square of twenty perches euery way, which maketh the Area and content as big as possible like sides may make: but this last, by ben [...]ing two sides, makes the 2 angles vnequall to the other, [Page 148] and must be measured by drawing a line from the two sharpe angles, and then raysing a perpendicular from that base, to one of the obtuse equall angles: multiply the base,How to cast [...]p a triangle which is 34. by halfe the perpen­dicular, [...], and that maketh in the whole 2-0-0-3. the base and both the perpendicu­lars being equall.

This is almost two parts of an acre lesse then the former. And by this reason there may be a peece of land 20. perches euery side, that shall not containe aboue two parts of an acre.

It is true.

I sée in your plot a crooked péece of land to be measured as I take it, and I thinke it be the Lords wood, called Frith-wood.

This is that you see, and it is troublesome to measure indeed: and without a Geometricall in­strument, it can very hardly be measured, because there are woods about it, and the wood it selfe thick of trees and bushes.

You haue indéed laid it out in his true forme: but it hath so many angles and curuings, that I dare not aduenture to measure it vpon your plot. I pray what course take you in the casting vp of such a péece of land?

The truest course, for that it is so irregular, is, to put it into as many triangles as you cōueniently [Page 149] may, making no more then necessitie requirech: and if you can do this, you may do any other forme.

I pray you shew me the manner.

I will make a demonstration vnto you, and marke it: you see the figure: there are contained within this figure 7. triangles, and one long square: the base of the first triangle is 22. perches, the halfe perpendicular thereof is two perches, and that con­taineth 0-1-1-0. The second triangle hath his base 37. perches, the halfe perpendicular, two and a halfe, which maketh 0-2-3-1. The third hath the base 37. the halfe perpendicular 6▪ which maketh 1-1-5-2. The fourth hath the base 21. the perpendi­cular 3. maketh 0-1-5-3. The fifth is in the base 12. perp. two and a halfe, and maketh 0-0-7-2. The sixth base 12. perp. 2 maketh 0-0-6-0. The long square 6 in length, and 4 in breadth, 0-0-6-0. The two last are equall triangles, base 8. perp 1. and a halfe, 0-0-3-0. All which seuerall summes being added together, do amount vnto 3-0-8-0.

But which do you call the base, and which the perpendicular lines?

The longest line in any triangle is the base, and the perpendicular is a line imagined to rise from the base to the obtuse or blunt angle:Base & per­pendicular, quid. as in the exam­ple following.

That which is done with prickes, you call the perpendicular, Base and perpendicu­lar questi­ons.

and the lower line, you call the base, as in this figure.

So it is.

But how loe you cast vp the quantity, by a triangle thus? you cannot as I take i [...], by multiplying the base by the perpendicular, find the content: for it is by that computation, more itē indeede the triangle containeth. The base mult [...]plied by the per­pendicular.

You say true, if you multiply the whole base, by the whole perpendicular: but you must multiply the one, by the halfe of the other.

Doe you imagine that the truest measure, i [...] by triangles?

Triangles surest mea­suring.Yea, where you find many angles in one field: there are other kinds, and manners of measu­ring, but this is speedy and certaine.

How if a peece of land lie directly round? I thinke you measure it round, and then cast it into a square, as if the circle be 40 perches round, it ma­keth 10 square.

Indeede, many vulgar measurers doe vse to measure many sorts of land round, and cast the whole into a square, which is for the most part false. But for a round, and circular peece of land, you must indeede measure it round,A circular forme. and take the halfe of the number of perches for the length: then take the semidiamiter, namely, as many perches, as are from the Center, to the extreame, and multiply the halfe of the circle by the semidiamiter. And for a halfe circle, multiply halfe the halfe circuit, by the Se­m [...]diamiter, and deuide as I shewed you.

I thanke you Sir: I keepe you from your [Page 151] busines, yet I pray you let me aske you one questi­on more for my learning: how are hils, and valleys measured?

There is indeede some difficultie in them, without great industrie: for commonly, hills,Measuring hilles and valleyes. and valleyes lie very irregularly, sides, heights, and depthes, very vnequall. And therefore, to demon­strate any certaine rule for these kind of contents, many haue indeuoured to doe, to whom as vnto vn­certainties I refer you: but for such kind of grounds, there must speciall diligence be had, in bringing them into certaine parts, distinguishing the parts by markes, and so by degrees to bring these parts into a certaine content generall, and that vpon the ground: otherwise I see not,Irregular formes must be measured by regular parts. howe by measuring a whole irregular circuit together, as irregular heights or depths, and applying the numbers to a generall computation, according to the rules of arithmatike, a certainty may be procured: although the rules be true, yet in regard of the inequalitie of formes, the working may faile, vpon a plaine plot.

Sir, loth I am to bee troublesome vnto you, for that I know you haue much busines, and the casting vp of the particulars of this whole Mannor, will be very laborious: for to cast vp euery particular angle of a ground by arithmaticke, will be very tedious.

But I haue certaine tables of ease, which yeeld more speedier dispatch, then to cast vp euery con­tent with the pen.

I pray you let me be bold, to craue the sight of those tables.

I haue set them downe in a little booke, and heere it is.

Were these of your owne inuention?

No truly: many haue indeuored seueral ma­ners and methods of computation: as one Benese a Canon of Murton Abbey ▪ Many rules of casting vp contents. Benese, a Canon. neere Mecham in Surrey, who did it by sundry square tables, increasing by ten, as from one, to ten times ten, from one time 20, to ten times twenty, and so increasing by ten, vntill he come to an hundred times 120. that is, from one perch to 75. acres.

Truly, these are very necessary tables, is yours in another forme?

It is in that kind, but it worketh by the in­crease, from twenty times twenty, from one to forty times forty, frō one to sixty times sixty, eighty times eighty, &c.

This differs not much from the former, yet I take it to be more readie.

So it is.

Who, I pray you, found out this way [...] ▪

Surely I had certaine papers of that me­thod, of M. Ran. Agas, but they were imperfect in the due progression:Randolph Agas. Valentine Lea. M. Digges. for they contained the first, wā ­ting the middle, and some of the end of the Tables: that I haue bene forced to calculate them since, to make them perfect. But surely his diligence deserues commendation.

Did M. Agas first containe them so?

So I take it, but M. Valentine Lea, and M. Digges had in manner the like, increasing by the multiplication of greater summes; but of all other, I take this to be the most readie.

Is this the booke, and are these the Tables?

These are they: but that I haue set them into this forme, because they may the better fall into leaues of a portable booke, being before in long and troublesome rolles, and in another forme.

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