The surueyors dialogue Diuided into fiue bookes: very profitable for all men to peruse, that haue to do with the reuenues of land, or the manurance, vse, or occupation thereof, both lords and tenants: as also and especially for such as indeuor to be seene in the faculty of surueying of mannors, lands, tenements, &c. By I.N.

The Surueyors Dialogue .

Diuided into fiue Bookes : Very profitable for all men to peruse , that haue to do with the reuenues of Land , or the manurance , vse , or occupation thereof , both Lords and Tenants : as also and especially for such as indeuor to be seene in the faculty of surueying of Mannors , Lands , Tenements , &c.

By I. N.

PROV. 17.2 . A discreet seruant shall haue rule ouer an vnthrifty sonne , and he shall diuide the heritage among the brethren .

Voluntas pro facultate .

LONDON , Printed for Hugh As●ley , dwelling at S. Magnus corner . 1607.

❧ To the right Honorable , Robert , Lord Cecill , Baron of Esingdon , Vicecount Crambourne , Earle of Sarum , principall Secretarie to the most high and magnificent Prince , IAMES , King of Great Brittaine , France , and Ireland , Master of his Maiesties Wards & Liueries , of his Maiesties most Honorable priuy Councell , and Knight of the most noble Order of the Gar●er .

AS the Earth ( right Honorable ) was giuen to man : and man ( after diuine ) was enioyned the care of earthly things : euery man in seuerall place , qualitie and state , the greatest receiuing thence greatest dignities , euen to be called Princes of the earth . So , is it not the least regard , that men of whatsoeuer title or place , should haue of the lawfull and iust meanes of the preseruation and increase of their earthly reuenues . And that especially , by iustly atchieuing , and rightly vsing Dominion and Lordship ▪ which principally grow , ( omitting publique office and authoritie ) by Honors , Mannors , Lands , and Tenants : for , according to the largenesse of reuenues , are the meanes to enable the Honorable , to shelter the vertuous distressed , and to cherish such as by desert may challenge regard : And according to their will and power therein , is the vulgar reputation of their Magnificence ▪ But ( my good Lord ) as mine indeuor in this rude Dialogue , tendeth but , as it were , to the plow : So I omit to wade into the impassable censure of Honor and Dignitie , wishing it euer deserued reuerence . And as touching Land-reuenues , wherwith many are ( but especially the Honorable are , or ought to be principally ) endowed , I presume onely in this simple Treatise to discourse : So farre ( according to my sle●der capacitie , and weake experience ) as concerneth the ordinary necessary meanes of the maintenance & increase of Land-reuenues . And because the true and exact Surueying of Land , is the principall : I haue herein indeuoured , more of Desire , then of Power , ( for the vse and benefite of all sorts of men , hauing to deale with land , both Lords and Tenants , ) to shew the necessitie , and simple method thereof , Most humbly intreating your good Lordship ( the fruites of whose , and of your honorable Fathers fauours , I haue many wayes tasted ) to vouchsafe me your Honorable pardon for presuming , and your like patience in accepting at my hands , this little mite ; which , were it as great , as any wel-wishing hart can intend good , it were ( together with my poore selfe ) in truest seruice vnfainedly your Lordships . It may therfore please the same to accept it : so shall others the more willingly embrace it , or the lesse disgrace it , humbly recommending it to your gracious fauour .

At my poore house at Hendon , prime Ianuar. 1607. Your Lordships euer to be commanded , Io. Norden .

To the beneuolent Readers , especially to Landlords and Tenants .

AS God in his high and incompre●e●sible wisedome , ●●th giuen unto man two beings , a Spirituall , and Corporal : So hath hee enioyned him two prescript cares , the one of diuine & heuenly , the other of humane and earthly things . And although the first bee as farre more excellent then the second , as the brightest Sunne exceedeth the blackest darkenesse : yet hath hee not omitted , to giue vnto all men an expresse commaundement , to bee mindfull of the second : Although it must bee confessed , that no man taking an extraordinary care , can adde , a● of himselfe , one iott of increase of any good thing , neither can hee of his owne proper industry , assure himselfe of any part of true prosperitie in this life , yet must he not therefore dissolutely neglect his vttermost lawfull indeuour , to aduance his own welfare , which he neither can do , without feare and trembling , if hee call to mind the cause why the earth bringeth forth vnto vs of it owne accord , nothing but the very tokens of our originall disobedience , wherein ●s imprinted this Motto or Poesy of our shame : With the sweat of thy face thou shalt eate thy bread , al● the dayes of thy life . And this without exception of persons . Whereby it appeareth , that none is exempted from labour and trauaile , in one kind or other to maintaine his estate here . Our Fathers of fame began it . Adam digged the Earth , and manured it . Tubal wrought in Mettals . Noah planted a Vineyard . Abraham , Lot , Moses , Dauid , Elizeus , Amos , and many other godly and great men were Shepheards . Gydeon was a Thresher of Corne . Iacob and his sonnes the Patriarkes , were Herdesmen . Ioseph a Purueyor of Corne in Egypt . Paul made Tents . Mathew was a Customer , or Toll-gatherer . Peter , Andrew and others were Fishermen . And Saul a keeper of Asses . If these men began the way of labour in so many kinds , who may say he is free in one kind or other ? And hee that in respect of his greatnes of birth or wealth , will pretend a priuiledge of idlenes , or vaine and vnprofitable exercises , doth discouer his forgetfulnes , or neglect of the dutie in earth , which euery man , euen the greatest oweth vnto the Common-wealth , his owne family and posteritie . And hee is censured euen by the mouth of God , Worse then an Infidell , that neglecteth these duties . And none is excused , or exempted out of this Law of prouision for his familie , be hee neuer so high or meane ; not that such men as are honorable by byrth , office or aduancement , should till the earth , or be Shepheards or Herdsmen . But that they should , according to their greatnes , execute great place in the Common-wealth , whereof ( after the care of Diuine things , in respect of God that gaue them their greatnes ) they should haue care to performe some seruice , in respect of the King , vnder whome they enioy their greatnes : To shew loue and diligent regard , to ayd their inferiours , in respect of whome they haue the imputation of their greatnesse . To bee prouident in prouiding things necessarie for their Families , that haue an interest to partake of their greatnes . And lastly , in respect of their posterities , that are to becom the more great by their greatnesse . And how can they do thus , vnlesse they looke into , and vse the meanes of the increase and preseruation of their greatnesse ? And for as much as the same consisteth , for the most part , in the reuenewes of land : what greater care ought they to haue , then to maintaine and lawfully to augment the same ? which decaying , their Honor and honorable reputation diminisheth . To preserue or augment Reuenues , there must be meanes : the meanes are wrought by Knowledge ; Knowledge had by Experience ; Experience by view , and due obseruation of the particulars , by which Reuenues doe , or may arise . Wherein are to bee considered the Quantities , and Qualities of Land , with the present Rents , and estimate values , by a reasonable improouement : which duly found , to haue a due regard to proportion yeerely distributions and expendings , with the annuall Incoms , in such sort , as alwayes the present yeere may rather adde vnto the next , then the next to bee charged with the yeere past . For when the present yeere shall expend more then the Reuenues of the same may beare , the yeere following cannot but be surcharged : and so will it surcharge the future so long , that either he shall be forced to strike the topsayle of his improuident wasting , in time ; or at length , through the furious blasts of excessiue prodigalitie , be blown vnder the water of disability , by ouerswelling the sayles of his vainglory . I speake not this in the way of attachment , but of preuention . And so I trust , all men will take it , and accept of my poore indeuour in this kind , considering that necessary it is , that al men should know what it is to haue reuenewes , namely , first to know them , & then to vse them to their own aduancement , and to the good of others ▪ And because it is not the worke of the Honorable , & of such as haue high & serious common-wealth imploiments , to bee personal actors of their owne affaires in this kind , they are to vse the seruice of such as are fit in knowledge , and iust in dealing , to trauel in this kind of busines , by whose faithfull and sincere informations , they may know what is iust and right to be done and demanded : And in al fauour and clemencie to deale with such , as are in this manner within the compasse of their commands , and by whom and by whose labours they maintaine their greatnes : for ( no doubt ) there is none but well considereth , that how great or powerful soeuer he be in land reuenues , it is brought in vnto him by the labours of inferiour tenants : yea , the King consisteth by the field that is tilled . And there is none of these inferiours , Eccles. 5.8 . of ordinary discretion , but well knoweth , that what hee inioyeth , is by the fauour of his Lord in a sort : And therefore ought there to bee such a mutuall concurrence of loue and obedience in the one , and of ayd and protection in the other , as no hard measure offered by the superiour , should make a iust breach of the loyaltie of the inferiour : which kind of vnion is no waies better preserued and continued between the Lord and tenants , then by the Lords true knowledge of the particulars that euery tenant holdeth , & a fauorable course in fines and rents : and by the tenants loue and thankfulnes in al readie seruice and dutie towards the Lord . And to that end , it is ( no doubt ) expedient , that Lords of tenants haue due regard of their owne estates , namely of the particulars of all their tenants landes , and that by a due , true , and exact view and suruey of the same , to the end the Lord be not abused , nor the tenants wronged & grieued by false informations , which commonly grow by priuat Inteligencers , & neuer by iust Surueyors . And because the office of a Surueior ( duly waid ) is an office both necessary , expedient , & of trust . It behoueth him to be first honestly and vprightly minded , and next , skilfull and iudicious in the facultie . Then can he not , but by industrie and diligence , produce an exact discouerie and performance of the worke he vndertaketh , to the true information of the Lord , whose benefite and vttermost lawfull profite he is to seeke , in a good conscience , disswading him yet from distastefull Auarice , the greatest blemish that can befall a man , seeking true reputation and renowne , by his reuenues . For too much seueritie afflicteth the hearts of poore Tenants , who ( by common experience ) are found to be more firmely knit in the band of true dutie , loyall affection , and readie seruice vnto their Lords , by their Lords frugalitie , sweetened sometimes with the chearefull drops of true liberalitie , then by the extreames of austeritie , vaine prodigalitie , or compulsiue exactions . And yet not so , as Lords of Tenants should be so ouerswayed with abused lenitie , or carelesse looking into their owne , as may breed contempt in Tenants : but rather that they should keepe such an eeuen , and equall hand ouer their Tenants , as may continue mutuall loue , and in them a louing feare : And not to seeke the increase of reuenues so much for vaine glories , as for vertues maintenance . Which will appeare by doing good to deseruers , by their vertuous life . A worke of true vertue , when contrarily , vaineglorie seeketh idle and vaine reputation , by vniustly atchieuing , and either prodigally consuming , or too miserably increasing Reuenewes , which I must leaue to euerie mans owne fancie , wishing all to fashion their waies in this kind , to Gods glory , the Kings seruice , the good of the Common-wealth , and to other such ends , for which God hath giuen them greatest earthly blessings ; recommending vnto you this simple rude lumpe , of which , if some more skilfull , will bestow the re-licking , & bring it to his true shape , my selfe with many others , should thankfully imbrace it . In the meane time friendly accept it , and in kindnes afford sparing reproofe .

Eccles. 7.13 .

Wisedome is good with an inheritance .

Yours , I. N.

The Printer to the friendly Reader .

THe Author ●ot being present at the examination of the proofes , sundry faults haue escaped , by mistaking the copie , which faults the Author s●nce , for the most part hath reformed , and if you find any not corrected , I pray with patience beare it , and vse the meanes to reforme it .

I pray the Reader to correct these faults committed in Printing , in absence of the Author . vz.

Page 5. line 20. for vnder , read ouer . pa. 7. li. 27. for farme , read same . p. 8. l. 15. for rudely , read readily . ibid. l. 32. for estimate , read extenuate . p. 9. l. 31. for there , read their . p. 12. l. 3. for Surueyors , read Surueyes . p. 14. l. 4. for corruption , read compasse . p. 45. l. 27. for Mannors , read mannor . p. 53. l. 21. for sine , read sine . p. 58. l. 9. for seruice , read fee . p. 62. l. 34. for promise , read prouiso . p. 119. l. 19. for former , read forme . p. 88. l. 2. for leaser , read leasee . p. 76. l. 16. for person , read purses . p. 74. l. 32. for our , read one . p. 44. l. 28. for can , read ran. page 39. line 21. for affirmeth , read assumeth .

The Author to his Booke . LOoke ere thou light into the hands of some : Some lay but traps , to catch thee in disgrace ; Disgrace thou none , be silent where thou come , ( Yet thou shalt come where Momus is in place , ) Place thee with those , whose hearts aright do see : And seeing , iudge , in fauour , faults that be . Faults be in thee ; who sayes he doth not erre , Erres , in conceit , that he alone is free : And such , not free , will sure thy faults transferre , And for one fault , transferre them ten in thee : Not thee in this , but me they discommend , That I abroad do thee so basely send . Base I thee send : excuse me what thou can , If thou can not , plead thus to seeming friends : Alas , my friends , abortiue I began : Who me began , thus meanely foorth me sends , That I might send him , how I passe the taunts Of tanting toungs , that seek their praise by vaunts . I vaunt it not , but am content to be , Where meanest be , that blush to shew their face : Who sees my face , a picture base may see ; Yet may he see farre fayre● find disgrace . Disgrace not him , that sends me for good will : But will him well . Requite not good with ill . Inuidia sibi , & aliis venenum .

The Contents of the fiue books of the Surueyors Dialogue . THe first Booke containeth a communication betweene a Farmer and a Surueyor of land : wherein is proued , that Surueyors of Mann●rs and land , are necessarie both for the Lord and Tenant , and in what maner Tenants ought to behaue themselues towards their Lords , in respect of their tenures . In the second Booke , is intreated between the Lord of a Mannor , and a Surueyor , concerning the estate of a Mannor , of the parts and profits thereunto belonging , & how the Lord of a Mannor ought to deale with his Tenants . In the third Booke is contained the maner and method of keeping a Court of Suruey , and the Articles to be inquired of , and the charge : how to enter & inroll Copies , Leases and Deeds , and how to take the plot of a Mannor . In the fourth Book is shewed the maner of the casting vp of the quantities of acres of al sorts of grounds by the scale and compasse , with Tables of computation for ease in accompting . In the fifth Booke is shewed the different natures of grounds , and whereunto they may be best imployed , how they may be bettered , reformed and amended , fit for all Farmers and husbandmen .

❧ The Surueyors Dialogue , betweene a Farmer , and a Surueyor : wherein is prooued , that Surueyes are necessary and profitable both for Lord and Tenant : and wherein is shewed how Tenants ought to behaue themselues towards their Lords . The first Booke . Farmer .

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

Surueyor .

Admit it so , Sir , what then ?

Farmer .

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

Sur.

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

Far.

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

Sur.

Abilitie to performe a thing vndertaken .

Far.

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

Sur.

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

Far.

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

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 .

Sur.

Be you not offended at the comparison which I will make to your allegations . Why should not such persons as are inhibited by the lawes of the Realme , to commit certaine acts within the 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 Common-wealth , 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 .

Farm .

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 .

Sur.

My plaine words are that as well these euill 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 .

Farm .

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 .

Sur.

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 .

Farm .

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

Sur.

Howsoeuer you may accompt them yours , yet the Lord hath such an interest and propertie in them , as he may also call them his , nay , 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 .

Farm .

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 .

Sur.

What Sir , because I say you are in some sort the Lords ? I tell you , that I mistake it nothing at all : for as the King is Supreme head and Prince , and defendour of all his Subiects , so vnder the King is euery Lord of a Mannor chiefe and head ouer his Tenants , namely ,

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 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 seruice , 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 .

Farm .

It is true : for these are the causes that our rents are increased , and our fines raysed , and this would the Lord neuer do , if such as you did not 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 .

Sur.

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 .

Farm .

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

Sur.

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

Farm .

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

Sur.

I perceiue , though you may be a good worldly Farmer , you are but a meane obseruer of the course and carriage of things passing dayly vnder your nose . He that hath seeing eyes and an 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 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 .

Farms .

Truly I beléeue you in part : for indéede there are euen amongst vs , to the Mannor wherein I dwell , officious fellowes , that to procure the Lords good opinion , will pry into mens estates , & indéede as you say , into the 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 men least to be beléeued ; for they speake always for affection or gaine : for they wil 〈◊〉 the value of them they loue , or haue gaine by , and aggrauate the same , as their hope is of the Lords reward : all this I know without your report . But what is that to the thing you charge poore tenants withall , that they art the cause of their owne hard measuree 〈…〉 .

Sur.

That can 〈…〉 , and I thinke I shall haue the whole world to witnes it for your further satisfaction , who can not your selfe be ignorant of the same thing ; for you haue in part 〈…〉 of whom you ●ast spake , 〈…〉 case them 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 open 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 men accused and condemned for than 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 ?

Farm .

I know , such rash & ouer forward men there 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 ?

Sur.

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

Farm .

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

Sur.

I may well so call it , nay , I may call it a great fault , or an iniury done against the Lord , and 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 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 holden of the King , as of inferior Lords , which may be reconciled , if Tenants were not too curious , and Lords too negligent . Besides this , there are other reasons to mooue the Lord to know what land is holden of him , and by what title , rent , and seruice : for free-holders may forfeit their land , and their land may escheat vnto the Lord : if then he should be ignorant what land it is , where it lyes , and how much it is , he may be easily abused for want of records ▪ and so are many Lords of Mannors , who for want of due knowledge of their tenants and of their land & tenures , other men are intitled to their right .

Far.

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

Sur.

You strike alwayes one string , and I find the ●ound of your meaning , you would always 〈◊〉 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 commonly 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 inheritance 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 .

Farm .

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

Sur.

Yea , and I thinke I 〈…〉 in it ▪ 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.

Farm .

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 .

Sur.

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 .

Farm .

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

Sur.

Not at all : Rents of land , 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 .

Far.

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

Sur.

It is true , and the reason is manifest : for where in those dayes Farmers and their wiues were content with meane dye● , and base attire , 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 so publikely : for Vin● mendibi●● susp●●●sa heder a non est upos . A g●●d workeman néeds not stand in the stréetes .

Sur.

I confesse , in this you haue sayd truly : for none that is in deede fit for imployment , will , or needs to craue it , in such manner , 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 .

Farm .

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 selfe 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 .

Sur.

They that speake at any time againste any thing done , or propounded to be done , do either shew their reasons against it , or else they conceale their conceits , and without any good argument , inueigh only against the thing : And I know your meaning in misliking plo●●ing of your land , 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 selfe 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 monument to be always at hand for their instruction .

Far.

You ayme vnhappily , I thinke , to some mens purposes : but for my part , I promise you I had no such thought in me , & yet what you say , may indéede be easily wrought in mo●● Mannors , if they be as that 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 .

Sur.

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

Farm .

What are they I pray you ?

Sur.

To little purpose I thinke I shall tell you , yet because you may know that euery one that hath the name , is not indeede a Surueyor : 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 .

Farm .

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

Sur.

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 substance , & hath only the shadow of it self to looke vpon .

Far.

It behaues not only men of Nobility , but inferior men also to looke vnto themselues , for the preseruation of their estates , but they indéed that 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 .

Sur.

You speake , I thinke , according to your conceit , 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 confounded the marks & bounds of all the grounds that were surrounded , in such sort as none knew his own land : wherupon they deuised to measure euery mans land , & to plot it : so that afterwards alwayes at the waters recesse , euery man could finde out his owne land by the plot .

Far.

Truly that was a most excellent inuention , & I thinke it indéede a most necessary course to be held in some grounds that I know in England , which are subiect to like confusion : 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 the meanes , if the ditches , which are the ordinary méeres , meates & bounds betwéene seueral mens lands , be confounded , this deuice might after the winning of these surrounded grounds againe , truly reconcile them , and allot euery man his own ▪ which otherwise will be impossible to bring to true appropriations . And this , in my conceit , is not the least part of your profession , to lay out grounds in their true formes , that euery seuerall parcell may be distinguished from other : for I know where great strife hath risen by confounding one Mannor with another , where the sea hath woon & lost ground , & deuoured the true bounds ▪ of which I am not alone witnes , & it is dayly seene , the questions do rise by like casualties , 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 taken such hold , as the 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 the word of God .

Sur.

Is there a necessity to produce the vse of this , from examples out of the word of God , when these indifferent things are left to the discretion of man for matters of politike and ciuill society ? If euery profession should be driuen to fetch authority from the vse in sacred things , 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 .

Farm .

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

Sur.

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

Farm .

Yes , being a Prophet .

Sur.

He could not haue called a thing by it 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 .

Farm .

Can you prooue the like of Surueying ?

Sur.

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 ?

Farm .

It is true that you say , such a view was taken at that time , that euery Tribe might haue his portion of inheritance . And surely in these 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 〈…〉 .

Sur.

If you had time and experience to looke into , and to vnderstand what hath bin done concerning this matter long ago , you should find in the records of the Tower euen before the Conquest , matter to satisfie you , that this profession was then in vse , and there shall you finde the fruites . And since the 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 ignorant .

Farm .

I confesse , I was lately ignorant of the things which now in part I know , but I was neuer malicious : as for the records and Statute 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 the Tenants , if the Surueyor be skilfull & honest , and his information giuen by his assistants , which 〈…〉 , ●e true , and his help of the Lords 〈…〉 ready : The Lords records , and the Tenants informations , 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 , that hath a bundle , nay a whole trunck full of records of seuerall tenements , and parcels of lā●● whose names he can reade , whose buts & bounds he can relate , but yet he sees not the way of himselfe to go to them , or can say without direction , This is it : and therfore I know , that Tenants must giue ayd to a Surueyor , or else he will fayle in his arte much .

Sur.

You haue said well , and it appeareth , your 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 information concurre , then is the Suruey or in the right way . But many times if the Surueyor can not help the Tenants by his records when 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 hand , in his perambulation of a Mannor , shal after the first entry be able to guide himselfe , and go from 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 , who change often . And for this businesse , the fittest men 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 .

Farm .

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

Sur.

I like your aduice well , and surely he that doth not so , and compare it also with former 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 them 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 vpon 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 .

Farm .

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

Sur.

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 .

Farm .

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

Sur.

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

Farm .

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

Sur.

I like you well , I wish him that you seeme to feare , to fauour all your honest desires , and name , and that his blessing may follow euery our good indeuors : for whosoeuer vndertaketh any 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 .

Farm .

That I thanke God I haue learned , and to tell you truly , for my part I had rather liue in a meane estate in my calling , frée from bribery , 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 ; 〈…〉 .

Sur.

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 .

Farm .

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 ▪

Sur.

Know this , that if thou be already of a godly conuersation , hauing the true feare of God sealed vp as it were in thine heart , and dost not desire this profession , 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 seruant to view it dayly , that no trespasses be done therein , and to see vnto the hedges , ditches , fences , water-courses , gates , and such like ? Will you not regard the estate of your Cattell , their number , health , and safety ? And haue you not a continuall watch ouer all your seruants and children , and to the preseruation of things within and without ? If you do thus in one small Farme , what would you do in ten ? could you see vnto them all your selfe ? If you had as many Mannors , would you sit at home and receiue the rents and fines that your Tenants would bring you , without consideration of the estate , or values , quantities 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 mans 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 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 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 .

Farm .

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

Sur.

But whether is there cause , in your conceit , to approue or reproue the profession , as it is simple in itselfe ? Deliuer your mind plainely , leaue not a scr●ple in the minds of your neighbors , that haue exclaymed with you against them that neuer 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 .

Farm .

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

Sur.

I condemne none , but I reprooue some , that of mine owne knowledge haue giuen testimonie of their inward dislike , by their outward murmors , for what is done with an euill will , 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 .

Farm .

What should Tenants principally do in such a businesse ?

Sur.

Nothing but that law , custome , and duty requireth at their hands , to giue their best ayd to the Surueyor , 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 them all together in a faire booke , for the Lords vse , and for a perpetuall record for themselues .

Farm .

For , information , and shewing the particular grounds and bounds of the Mannor , indeed is 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 .

Sur.

These are ●●iuolous doubt● that some haue formerly made , but they haue bin answered to their cost , for the law compelleth them all . For , admit the Lord of the Mannor haue the rolls wherein the 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 .

Farm .

This I can not deny , although indéede some ●oly fellowes will 〈…〉 doubt héerein , but I sée it is to good purpose , and for our better security , 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 two principall causes of the originall foundation of Mannors as I haue heard .

Sur.

You say rightly , and I am glad to heare you conceiue so well of this apparant necessity ; for so may I say , that it is of necessity that the Lord should know the full and absolute estate of his Mannor , and of euery particular thereof : for howsoeuer of late dayes Tenants stand in higher conceits of their 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 .

Lord.

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

Sur.

And it were very foolishnes in a Tenant , for wilfull refusall thereof , to indanger the ●ame : for if the Lord be in lawe tyed to mayntayne the right of his Tenant , and to defend him against any other that shall pretend a false title vnto his Land , the 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 .

Farm .

If Tenants will be wilfully obstinate , and refuse to do and continue their vttermost seruices vnto their Lords , as bound by their tenures , béeing ( as you say ) parcell of the Lords inheritance , they are worthy to be attached of disobedience , and to pay for their contempts : and if Lords will bée so negligent , as they will not looke vnto their owne , they are worthy to lose their right : and therefore I hold it discretion in the one to do his duty , and 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 dutyes from them to their Lords , but I haue not heard you speake much against the Lords in fauour of the Tenants , and yet I know there is a kind of reciprocall bond of duty each to the other , and may be broken of either side .

Sur.

It is very true , for as children are bound to their parents by the bond of obedience , so are the parents bound to the children by the bond of 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 .

Farm .

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

Sur.

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

Far.

I will tell you by and by as he comes néere . Oh Sir , it is my Landlord , a man of great 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 .

Sur.

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

The end of the first Booke .

The Surueyors Dialogue , betweene the Lord of a Mannor , and a Surueyor : wherein is intreated of the state of a Mannor , of the parts and profits thereunto belonging : and how the Lord of a Mannor ought to deale with his Tenants . The second Booke . Lord.

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

Surueyor .

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

Lord.

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

Surueyor .

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

Lord.

There bée many , I know , that bea●e the name of Surueyors , but when they are put to it , they come far short of some principall poynts required in the absolute performance of the worke , 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 , 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 .

Surueyor .

Sir , you seeme to oppose me farre , and the thing you demaund , will require a longer time , and a larger discourse , then either my leysure , or peraduenture my present memory of euery 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 .

Lord.

Thou sayst true in thy comparison : but for my part , although 〈◊〉 I haue Land , and I know how many Mannors I haue , their names , and where they lye , and the most of my Tenants , and theyr rents , and if you should erre in these , it may be I might be able to reprooue you , yet for matters of farther search , I assume not to be 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 .

Suruey .

Sith you will needs diue into my poore skill , by your opposall , and sith indeed I do in some measure professe the arte , wherein I thinke no man is or hath bene so exquisit , 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 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 .

Lord.

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

Sur.

As I take it , and as it seemeth , in the time of the Normans : 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 .

Lord.

Whereof is it called a Mannor ?

Sur.

There is some difference of opinions whence 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 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 .

Lord.

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

Sur.

Of meisus , or mesuager , which is as much to say , as familiam administrare , 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 .

Lord.

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

Sur.

No Sir , for although a man haue a 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 commencement 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 .

Lord.

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

S●r.

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

Lord.

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

S●r.

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

Lord.

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

Sur.

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

Lord.

What if it were tyed vnto the Lord of a Mannor for the payment of an annuity , is not the annuity then parcell of the Mannor ? And if that Land be purchased by the Lord , and thereby 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 ▪

Sur.

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 .

Lord.

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 .

Sur.

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

Lord.

How I pray you ?

Sur.

If a Mannor descend to diuers partners , 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 .

Lord.

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

Sur.

If parcels of a Mannor be once thus seuered , they immediatly become no parcels thereof : yet may they all reuert and become parcels of the 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 .

Lord.

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

Sur.

So it is intended .

Lord.

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

Sur.

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

Lord.

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

Sur.

Euery Mannor in the beginning , no doubt , might keepe a Court Baron , 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.

Lord.

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 .

Sur.

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

Lord.

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

Sur.

Yet this can not bee , for this vnion of the Mannors can not extinguish theyr seuerall distinctions , for they will be still two in nature , howsoeuer the Lord couet to make them one in name , and the more powerfull Mannor hath no warrant to call the Tenants of the decayd Seignory , but euery act done in one to punish an offendor , in the other is trauersable , and therefore it is but lost labour to 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 .

Lord.

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

Sur.

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

Lord.

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

Sur.

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

Lord.

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

Sur.

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

Lord.

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

Sur.

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 .

Lord.

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

Sur.

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

Lord.

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

Sur.

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

Lord.

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

Sur.

Truly , for my part I take it to signifie , set in certainty : 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 .

Lord.

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

Sur.

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

Lord.

These termes are strange to me , though I be Lord of many Mannors , and no doubt , I receiue rentes of euery of these kindes , but how to 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 ?

Sur.

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 .

Lord.

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 .

Sur.

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

Lord.

What is that you call Rent seek ?

Sur.

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

Lord.

Few such rents are now adayes , for a man had n●ede to make all the prouision he can to secure his rent , and yet he may be driuen to try his 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 .

Sur.

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 .

Lord.

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 .

Sur.

If you haue a Mannor or Mannors , there is ( as I sayd before ) a Court Baron at the least , incident thereunto , and to some a Lee●e , or Law-day , which is called the view of franck pledge , 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 .

Lord.

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

Sur.

Fines of Land are of sundry kindes , 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 .

Lord .

Whence taketh the word Amerceament name ?

Sur.

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 .

Lord.

These wordes may be vnderstood by vse , and by the manner of the vse of things : but he that should seeke the etimon , among the Latines , of the substantine Amerc●●mentum , and the adiectiue Amerciatus , might seeke long , & be neuer the neere . 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 .

Sur.

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 amongst others it is questionable , whence the name of a heriot may be deriued .

Lord.

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 .

Sur.

I may tell you as I haue heard , and of my selfe coniectured , whence the word commeth . But I haue no certaine authority for it . I● may be● said , and most likely it is , that it should come of the word H●rus , 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 . 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 .

Lord.

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

Sur.

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 .

Lord.

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

Sur.

Waynes , or wayned goods , are goods or chattels of what nature soeuer , stolne , 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 the Lords of that Mannor o● liberty wherein they are found , if the prerogatiue of the Mannor wil beare it : for euery Mannor wil not , but such as haue it by graunt from the King .

Lord.

Whence commeth the word Waiffe ?

Sur.

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

Lord.

Well then , as long as we vnderstand the meaning , by the vse it sufficeth , without further 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 .

Sur.

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 .

Lord.

Tush , if there were no penaltyes , men would commit offences without feare , and if there were no forfeitures for abuses done against Lords of Mannors , 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 .

Sur.

I know many Lords too forward , in taking aduantage of forfeitures vpon small occasions , and if manifest cause be giuen them , they shew little compassion : 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 negligence 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 committed 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 .

Lord.

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

Sur.

So must I when I haue spoken all I can . But I hold it not the part of an honest mind in a 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 obedience 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 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 .

Lord.

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

Sur.

The forfayture must be first presented to the homage at the next Court holden for the Mannor , 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. .

Lord.

May none , but Copyhold Tenants , forfayt their land ?

Sur.

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

Lord.

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

Sur.

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 .

Lord.

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

Sur.

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

Lord.

Is this all the causes of escheats ?

Sur.

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 .

Lord.

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 .

Sur.

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 shal be receiued , the homage then finding it cleere , doth intitle the Lord therof , as a thing escheated for want of an heire .

Lord.

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

Sur.

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

Lord.

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

Sur.

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

Lord.

Whereof commeth the word Perquisites ?

Sur.

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

Lor.

It may well be so : for these things before rehearsed vnder the name of Perquisites , are all 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 .

Sur.

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

Lor.

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

Sur.

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

Lord.

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

Sur.

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 .

Lord.

Sur.

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

Lord.

Sur.

Therefore I say , it behooueth the Lord , to whom such casualties shall befall ▪ first to make due and diligent triall by men , both of trust and 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 ●ent , though the lessee gain ▪ for the trauaile and hazard in these vncertaine 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 .

Sur.

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

Lord.

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 .

Sur.

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 conceale 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 .

Lord.

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

Sur.

I haue alreadie declared the most . But 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 .

Lord.

How may that be ?

Sur.

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 .

Lord.

But these are chargeable commodities to get .

Sur.

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

Lord.

That is true , but commonly the land is barren where these things are found . And therefore it is a great worke of diuine prouidence , 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 .

Sur.

Whe●e diligence is and the feare of God , there no doubt , God blesseth the labors of men , and watereth euen the highest Mountaines from his Chambers . For when Israel turned to God from their Idolatrie , 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 .

Lord.

Though these words digresse from our present matter in hand somewhat ▪ yet it is good , that both Lords and tenants should know and acknowledge indéed , from 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 the earth , but of God that hath prouided the earth to bring them foorth to our vse . But what mean you by the things of the earth ? come not these of the earth ?

Sur.

Yes , I confesse i● : but some things are more perfect of themselues then other . But such as by an extraordinarie working of mans art , are made of the earth , I tearme things of the earth , and they also rest to the benefite of the Lord of that Mannor where such earth is found : as the earth whereof Allome , 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 .

Lord.

Is there any other thing Materiall , incident to a Mannor

Sur.

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 .

Lord.

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

Sur

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

Lord.

For the first , I haue yet no occasion to make proofe , how or what they are , but the second , I haue had some power to bestow , wherin I was not so remisse , as that I presented such as were not fit for the 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 .

Sur.

The word Ward , whence taken . 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 .

Lord.

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 .

Sur.

I take it as y●u do .

Lord .

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

Sur.

This kind of wardship had some reason for it in the beginning . For you must vnderstand , that he whose sonne or daughter is to be thus guarded , and his land to be disposed by the Lord , was in his life time bound , by the tenure of his land , to do 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 Mannors , 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 .

Lord.

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

Sur.

Many Statutes indeed haue bene made 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 .

Lord.

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

Sur.

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

Lord.

How , in bestowing ?

Sur.

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 patrymonies , they discouer what their education was , good or euill .

Lord.

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 .

Sur.

The reason why these Lay-lords of Mannors do pres●n● , as aforesaid , is in right of the Parsonage , Vicarage , or free Chappell , belonging to their 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 .

Lord.

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 ?

Sur.

No , he must be approued fit by his Ordinarie , the Byshop of the Diocesse , by whom he must be instituted and 〈◊〉 .

Lord.

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

Sur.

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

Lord.

Now surely , although peraduenture some may thinke these things digresse much ●●ou● 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 than a● honest Surueyor should , 〈◊〉 aduising men , to be wary how they dispose of this part of their patrimon●e .

Sur.

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 conceiue it , is a sweet gain : for by the godly Minister , he and they may gaine heauenly riches .

Lord.

As thou sayest , it is a great benefite , nay , it is a high blessing to haue a godly teacher of the 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 .

Sur.

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

Lord.

〈…〉 is there to be considered , touching the 〈…〉

Sur.

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 .

Lord.

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

Sur.

As the word is how vsed and taken , it is 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 .

Lord.

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

Sur.

Because they indured , vnder that name , many 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 .

Lord.

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 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 .

Sur.

I am right glad , Sir , you are of so qualified a disposition , your example may do good to others , if not , it will giue euidence against the contrarie 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 .

Lord.

That is my will . But who comes yonder ?

Sur.

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

Lord

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

The end of the second Booke .

The Surueyors Dialogue betweene the Farmer and Surueyor : wherein is shewed the manner and method of keeping a Court of Suruey : with the articles to be inquired of , and the charge how to inroll Copies , Leases and Deeds , and how to take the plot of a Mannor . The third Booke . Farmer .

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

Sur.

Yea.

Farm .

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

Suruey .

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

Farm .

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

Sur.

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

Farm .

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

Sur.

I am now going about it .

Farm .

I thinke it be in your choice where to 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 Mannor .

Sur.

Keepe you the Lords records ?

Bay .

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

Sur.

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

Baylie .

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 .

Sur.

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

Baylie .

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

Sur.

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

Baylie .

What meane you by that ?

Sur.

I meane , that a Titinus may harbour in a Peacockes cage : 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 .

Baylie .

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

Sur.

The house is beautifull and faire : I deride it not , you doe your selfe wrong in attaching mee , neither discommend I the builder . For he that hath gold enough , let him build a house of gold , with Ner● , 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 , 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 .

Bayly .

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

Sur.

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

Bayly .

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

Sur.

Truly , here is a pleasant ascent , 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 , 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 .

The forme of the Precept .

THese are to will , and in the name and behalf of the Lord of this Mannor , Beauland Manerium . to require you , to gi●e notice and warning vnto all and singular the tenants of the same Mannor , that they make their personall appearance on Munday next , being the tenth of this instant ●une ▪ at the place where the Lords ●ourts of this Mannor are vsually kept : And also to warne them , and euery of them , to bring with them all such Deedes , Copies , Leases , & other Euidences , wherby they , or any of them do hold or claime to hold of the Lord of this Mannor any lands , tenements , or hereditaments : And that they then and there shew , or cause the same to be shewed vnto the Lords Surueyor , at the Court then and there to be holden for that purpose , and to giue their further attendance , as occasion of the seruice shall require . Whereof faile you not , &c. Dated the 3. of Iune , in the fourth yeare of the raigne of our Soueraigne Lord , Iames by the grace of God , King of great Brittaine , France , and Ireland , &c.

Per I. N. Superuiss .

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

Commonly the Lords of Mannors do direct their letters of warrant vnto the tenants , vnlesse the Surueyor be a knowne Surueyor by patent , and performeth the seruice , when and where he thinketh most fit for the Lords vse .

The order of a Court Baron being performed ( for a Surueyor hath not power to administer an oath ex officio , vnlesse he be a Surueyor by patent , or by commission out of the Chancerie or Exchequer , Duchie Court , Court of Wards , or such like ) by a particular Steward , or by the Surueyor , who for the time may supply the Stewards office and the charge of the Court Baron ended , the Surueyor may proceed to his admonition and charge , to the effect following ▪

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

You that haue bene here presently sworn to performe our vttermost duties , in al the things that are & shal be giuen to you in charge , do , or at least you may conceiue , that as the Court Baron ( the charge wherof you haue already heard ) is with you ordinarily twice a yeere , & ( if the Lord wil ) euery 3. weeks : this kind of Court , which I haue now to admonish you in , tending to the suruey of the Mannor , hapneth not ( perchance ) in the time of a mans age , thogh the Lord hath power , & ( no doubt ) occasion to keepe it oftner . You must therfore shew your selues so much the more diligent in this , by how seldome you are troubled therewith . And it behooueth you to call to mind , what by oath you haue assumed to performe , namely , all that shall be giuen you in charge , wherof part hath bene deliuered vnto you alreadie : which being so ordinarie amongst you , it must needs be more familiar , than the things you haue seldom heard of . And for that this busines of Suruey stretcheth a litle further then the Court Baron , let your du● attention and examination , and faithfull presentation witnes your true affections to the persons , & ends to which the purpose of our present meeting at this time aymeth . The particulars inquirable are many , and of many kinds : but the persons and ends few . The first is God , in whose presence we all stand : who loueth truth from the inward parts , that is , when the action & the wi●l concur , & hateth dissimulation . The second is the King , whose we al are , vnder God , whose lawes we are to follow , as well in this busines , as in any other : for that it tendeth to the seeking and settling of truth , ( the mother of true peace ) betweene you and your Lord , in giuing both to you and him , what is equall and iust . The third , is the Lord of the Mannor , whose you are vnder God & the King : and therfore requireth at your hands at this time , equall dealing , neither to discouer for malice , nor to conceale any thing for fauour to either party . The fourth , is your selues , whom you can in no better sort befriend in this action , then to keepe your hearts & lips pure , in conceiling or vttering : for there is as great a danger in conceiling truth , as in vttering a falshood . And ●here is no such burden , as the burden of a guiltie conscience , which is laid on no man , but of himself . And lastly , the persons to be considered in this businesse , are your posterities , whom your true or false relations will either helpe or hurt . The ends wherunto it aymeth , are first , to explane vnto the Lord of the Mannor , what is his by the examination of your estates , rents , & customes , and to establish you in all things that are rightly you●● : both which being truly found , & duly recorded , cannot but preserue amitie between you and your Lord : which should be the principall end of all indeuors . And sith God is the first and the last , and wil be present in the beginning , in the middle , and in the end of all your consultations , and will be a witnes for you , or against you , euen in your most secret counsels , set him before the eyes of your harts : so shall you tremble to conceale truth , or vtter falsitie , whether it be with or against your selues , or dearest friends ▪ yea , or the Lord of the Mannor himself ▪ whose purpose in this seruice is , that the manifest truth might be confirmed , the hidden reuealed , and errors abandoned . And all this lyeth in you , and at your hands it is required to search , and by searching and examination , to find out ; and found , to deliuer and present the whole , and not a part of your sincere knowledges , for from your mouths must that be taken and had , which must be recorded for the direction of your posterities as a perpetuall glasse , wherein the estates of all the particulars within this Mannor , may be at all times seene and confirmed : wherein you shall discharge your duties to God , who commaunds , and commends truth : to the King , who by the sword of his Iustice , maintaines truth : to your Landlord , who desireth only to knowe , & haue his owne : to your selues , who by this meanes shall possesse your owne in peace : and to your posterities , who by this your trauaile , diligence and true information , shall partake of your sincere and faithfull seruice , being inrowled , and recorded vnder your names , to your perpetuall commendation : whereas if you delude me , and abuse the Lord of the Mannor that hath sent me , I by your sinister information may commit error , and leaue it to your posterities by record : yet shall I be free of the wrong , and you shall answere it . And if you should frame any defence against the seruice , and plead either ignorance , or shewe obstinacie , pretending thereby to stand dispenced of your oath , because you doe it not , you deceiue your selues : for the seruice is so inseperably knit to your tenures , and your tenures to the Lord of the Mannor , deny or refuse to doe the one , you forfeit the other : howsoeuer some may say , that they are freeholders , & they are customarie Tenants of inheritance , which in their conceit implyeth a kind of freedome : let them not deceiue themselues , their estates are conditionall , as both by their deeds and copies , they may bee easely resolued , by these words : Habendum sibi et haeredibus suis ( in the deed ) advoluntatem domini , secundum consuetudinem manerii ( in the copie . ) In both pro reditu et seruici●s inde prius debitiet de iure consuet. And because some of you doe not ( perchance ) vnderstand the meaning of the words : thus they signifie , that you are to hold your Tenements , to you and your heires , &c. For such rent , and doing such seruices , as haue beene heeretofore due , & of right accustomed . Is not this a condition ? for if you pay not the rent , or denie the seruice , you are at the Lords mercy to be compelled . I doe not thinke therefore that any of you , of any discretion , will aduenture the losse of his intrest , for not performing a seruice at his Lords commaund , that tendeth also to his owne benefite , and to no preiudice at all . The end therefore of all mine admonition is , to mooue you ( being a thing of common right ) to shewe your selues like vnto your selues , true and faithfull Tenants vnto the Lord , concurring all in one minde , to doe the Lord this seruice in loue , and the Lord , no doubt , will recompence it with like fauour , although there be no recompence due , for that which dutie bindeth to be done . By this meanes you shal confirme your owne strengths , by gaining & retaining the Lords kind countenance : and he againe shall bee the more fortified , by your true affections towards him : for what a ioyfull thing is it , for Lord and Tenant to dwell together in vnitie ? Now hauing thus prepared you to attention vnto the matters of your charge : I will heere reade , & explaine vnto you such Articles , as shall be for your instruction , and leaue them with you in writing for your better memorie : for I know , and haue often found , that a bare deliuerie of many words , and of diuers things ( as in the charges commonly giuen in Courts Baron , and leet● ) euen to cares well prepared , may be little effectuall , lesse to him that heareth , and regardeth not : but least of all to him that will not heare at all . Such hearers there are of diuine things , but many more of humane of this kind : but were they matters of carnall pleasure & delight , they would be both heard and practised : And therfore I the more moue you to attend vnto the things which I now am to deliuer vnto you .

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

Beauland . Manerium . 1 First , as no doubt you all know , that A. B. Knight , the reputed Lord of this Mannor , is the true & vndoubted owner of the same , and of all the lands , meddowes , pastures , and other hereditaments within and belonging to the same : And that you , and euery of you do hold your lands belonging vnto this Mannor of him : Owner of the Mannor if not , who hath the interest and right of the same , to your knowledges ?

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

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

Mannors intermixt . 3 Whether there be any other Mannor or Mannors , lying within the limits or circuit , or extending in part into this Mannor , what are the names of the Manners , and who are owners of them , & how they are distinguished from this Mannor . And whether this Mannor do any way extend into , or lye within any other Mannor .

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

4 What Freeholders there are within , or doe belong vnto , and hold their land of this Mannor , Freeholders . what are their names , what land hold they , what rent pay they , by what tenure doe they hold , and what seruices owe they to the Lord ?

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

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

Felony . Treason . 5 Whether you know , that any Free-holder within , or belonging to this Mannor , hath committed any felonie or treason , and hath bene thereof conuicted , the Lord not yet hauing the benefit of the forfeiture : or whether hath any such tenant died without heire generall or speciall : If so , who hath the present vse and possession of the land , and by what right ▪ what land is it , where lyeth it , how much in quantitie , and of what value ?

It is a great defect in the Suruey of a Mannor , which remaineth to posterities , being inrolled or ingrossed for perpetuall memorie , when the Suruey or doth superficially passe ouer the obseruation of the lands of euery Free-holder , their tenures , quantitie of land , the place where it lyeth , the rent and seruices . For vpon sundrie necessary occasions , the Lord is to seeke in euery of these : and some are worthie , because they loue not to be at charge to find out and continue that which is not presently profitable .

Bastard . 6 Whether doth any Bastard hold any land belonging to this Mannor , as heire vnto any , what is his name , what land is it , and where lyeth it , and what is it yearely worth ?

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

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

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

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

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

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

Also inclosures of common fields , or meddowes in part , by such as are most powerfull and mighty , without the Lords licence , and the Tenants 〈◊〉 , is more then may be permitted : the reason is , that the rest of the Tenants loue 〈◊〉 much right 〈…〉 the same , when the corne is off , as he hath that encloseth the same .

Bayly .

But Sir , if they lay it open at Lammas , or at such time as custome requireth , I think he doth neither Lord nor tenants wrong .

Sur.

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

Bayly .

You like not enclosures then .

Sur.

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

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

In this , the like consideration is to be had , as of the former : but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica , forraine herbage or pasture , because no part of it is proper in any sort to any peculiar tenant , no not to the Lord himselfe , as are the common fields & common meddowes . This kind of Common or pastura forinsica is in three sorts : the one is , where a Mannor or towne-ship hauing and holding their land in seueraltie , haue by consent lymited a certaine parcell of ground , to lie common among them , and from the beginning haue stinted euery man according to a proportion betweene them agreed , and that is commonly by the acre , which the pasture containeth .

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

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

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

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

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

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

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

13 Also you must present the names of all customarie Tenants , within or belonging vnto the Mannor , what mesuages , Tenements or lands they hold , & what euery mesuage or Tenement is called , what rent it payeth : and what profit ariseth to the Lord , by the death of any such customarie Tenant , or by the death of any freeholder , Customary Tenants . by fine , heriot , or reliefe by the cu●tome of the Mannor .

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

Bayly .

In this maner there be some customary tenants heriotable , and some not , how comes that ? can there be two custo●● in one Mannor ?

Sur.

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

Bayly .

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

Sur.

That is not so likely : for that if any such new erections were , they were granted in such forme as other tenements , with these words : Habindum , &c. ad voluntatem Dom. secundum consuet. Manerii : which words do imply all duties & seruices , which the most ancient tenements are bound vnto .

There is also a copy-hold estate , called ancient demeisne , & the tenants , Briton sol. 165. S●kemains , wherof some are of frank-tenement , & some of base tenure . Tenants of Base tenure , are they that hold by verge at the will of the Lord , & the Franktenement therof is in the Lord .

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

14 How doth the Customary land of this Mannor , Descent of customary land . by your custome , descend after the death of an Auncestor , to the younger or elder sonne ? And whether will the custome of the Mannor allow an intaile by copie , and whether doth it beare widowes estate , or whether may she haue it during her life , though she marry : and whether may a man hold by the curtesie ?

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

The custome of some Mannors is , Heyre . that the youngest sonne shall inherite , as in Burrough English : if he haue not a sonne , his yongest Brother , as at Edmunton in Middlesex .

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

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

The custome of some Mannor is , that neither the wife shall haue dowre , neither the husband hold by Curtesie . And the custome of some other Mannor is , that shee shall haue the third part of the rent , as at Bushie in Middlesex , and no part of the land in dowre .

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

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

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

Fines . 16 Whether are not the Fines for admittances , of a new customarie tenant , being heire , or comming in by purchase , or vpon Surrender at the will of the Lord , or are the Fines alwaies certaine ▪

This is an Article , whereat some close-hearted tenants will seem to stagger , being the nature of all men to fauour themselues , and their posterities , and ●o worke so , as they will ( if it be possible ) make the Fines certaine , by looking back 〈◊〉 past , wherin they haue found by old R●cords ▪ stand by report of tenants before , that the fines haue bene certaine , and so they may be in some places , though in few at this day ▪ And it may be , former times did affoord such fauor , vntill land became of more value : but of late yeeres , that course hath bene broken , and Fines become arbitrable . Wherein I wish , that Lords and their ministers would vse a meane in exacting .

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

Diuers Acts there be , whereby a tenant in one Mannor may forfeit his Coppy-hold tenement , which Act is no forfeiture in another Mannor . For Customes are very different in diuers Mannors : for in some Mannors a man may cut downe wood and timber trees vpon his Coppy-hold land , & sell them at his pleasure , which in some mannors is a forfeiture .

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

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

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

So that these kinds of forfeitures are according to the custome of euery Mannor .

Customes . 18 What are the customes of the Mannor in generall , both in the behalfe of the Lord , to perform or suffer to the benefit ▪ of his tenants , and of the tenants to performe to the seruice of the Lord .

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

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

And because it behoueth euery tenant to know whereunto he is bound by custome , if there be no ancient Custome roll to leade them , it behooueth the Surueyor to renew the same , wherein he is to set downe euery tenants name , his tenements , lands , meddowes , pastures , &c. the rent and seruice due for euery of them , Custom roll . and whether workes be turned into rent , and to indent the same , that the Lord may haue the one part , and the tenants another . The neglect whereof hath bred many inconueniences , both to Lords and tenants .

19 Whether is there within this Mannor any villaine or niefe , namely , Villaines , & Nieffes . any bondman or bondwoman : if there be , what are their names , what land do they hold and keepe , and what is the same yeerly woorth .

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

20 Whether hath any tenant or other person within this Mannor stocked vp any hedge-rom , plowed vp any Baulke or land-share , remooued any Meere stone , Remouing of Meeres or bounds . land-marke , or other bound betweene the Lords demeisnes , & the tenants Free-hold , or customary land of inheritance , or between his Free-hold and customary land , or between this and another Mannor or Lordship , where is any such offence committed , by whom , and where ought the same bound so remoued , altered , taken away , or displaced , to stand .

This is a necessarie Article to be duly considered , because that by this meanes of remouing or taking away Meere-stones and land-markes , the Lord oftentimes incurreth great preiudice : for that when a Leassee of the Lords demeisnes being either a Free-holder , or a customary tenant of inheritance , hath land of his owne adioyning vnto the demeisnes or intermixt , & he take away the markes of diuision , leaueth the matter doubtfull which is the Lords , especially where a long lease or patent is , whereby the Tenant hath time to make alteration : and it is no new or strange thing , to attach some by name and place , that are culpable , and haue yeelded to reformation , being found out before their intents were fully ripe . And aboue al , such are most worthy to be punished , for altering any such knowne markes , vnder whatsoeuer pretence of ease or necessitie , which is the common cloake of the mischiefe , vsed most in the Kings lands , where long Patents are granted .

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

It is to be vnderstood , that the word C●tagium , signifieth as much as casam , a little house or a place of abode only , or a little dwelling , whereunto little ground belongeth but an Orchard garden , or some small toft , croft , or Curtelage : but Cotages of themselues are not ancient , as I take it .

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

The ouermuch libertie of too many newe erections , breedeth sundry inconueniences , not only to a Mannor , and the Lord , and Tenants thereof , but to a whole Common-wealth , and therefore not to be permitted without good consideration : although it is most conuenient , that the poore should haue shelter & places to shroud them in , if they be found honest , vertuous , painfull , and men of abilitie , to gaine their owne and their families reliefe .

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

23 What Tenants are they within this Mannor , that doe hold any lands or Tenements by Indenture of lease ; what are their names , Indentures . what land hold they , for what rent , vnder what conditions and couenants , for what termes of yeeres , or liues .

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

24 Whether hath or doth the Lord imploy any land to Iustment , Iustments . as in taking in cattle to pasture and herbage : who hath the disposing of the same , what quantitie of land is so disposed , and how many cattle will it pasture , & what is a Cowe , Oxe , Horse or sheepe-gate woorth by the yeere , or by the weeke .

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

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

Where sufficient riuers , brooks , stagnes , ponds , or water-courses are , there are commonly some kinds of Mils , or other profitable deuices , that humane wit and inuention hath set vp for necessarie vses , for the benefit of man , and for the Lords profit of the Mannor , where such deuices are erected . And yet all kinds of deuices are not conuenient in all places : as where no Lead or Tinne is , there is no need of the vse of water , to moue a wheele , to blow the fire for the melting & trying thereof : yet there may be like vse for Iron oare : and where neither of them is , there may be vse of Walk-milles , or Fulling-milles ; and where those are not , yet there may be vse of Corne-milles , and such like . And in some places the force of water-courses is vsed , to raise water out of one place into another , where the naturall current denyeth the comming , and mounting thereof : with infinite other deuices , according to the situation of the place , and necessitie of the thing required . Which , although they be not all Mils to grind corne , yet may they bring profit to the Lord , which is the thing the Surueyor should couet , not onely to obserue what is alreadie , but must haue also some iudgement to erect some , if the water-course will conueniently affoord the same .

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

Bayly .

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

Sur.

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

Bayly .

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

Sur.

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

Bayly .

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

Sur.

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

Fishing . 26 Whether hath the Lord of the Mannor any peculiar fishing within any riuer , brook , mere , stagne , pond , or other water : where , and how far doth it extend , and what is it yeerely woorth , and who be Farmers thereunto , & what common fishings are therein , and waters within the Mannor , and how is the same vsed ?

As this Article is little needfull to be propounded in Mannors where no riuers or sufficient waters are for fishing , so is it very necessarie to be examined , where such waters are . For it is daily obserued , that many abuses are committed against the Lord himselfe , by such has vsurpe his peculiar fishing , and against the Common-wealth , in destroying fish , as appeareth by the punishment ordained against of●endors therein , 25. He. 8. cap. 7. and 31. Hen. 8. cap. 2. Therefore it behooueth the Surueyor to be more carefull in seeking the meane how to raise a profite vnto the Lord by his fishing , then to find the present abuses which are inquirable , and punishable at euery Leete , although , if any apparant offendors be found , he is to aduertise the Lord for reformation : but it is no part of the matter inquirable , and to be inrolled in his booke of the Su●uey . For nothing is therein to be inserted , but matter of perpetuitie , in recommending the present state of the Mannor vnto posterities , and for the Lords immediate vse . And therefore besides the ordinarie fishing in smal land riuers , brookes and ponds , there must be also remembred what profite may arise by fishing in the sea , if the mannor be nere it , or any creek thereof , in oysters , muscles , cockles , crabs , creuishes , and such like .

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

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

8 Whether hath not the Lord of this Mannor ( time out of mind ) had and receiued all waiues , Wayues , estrayes . estrayes , felons goods , treasure found , within the Mannor , and such like profits , and whether hath he bene answered of them from time to time truly , or not , and who is the officer that doth ouersee , and take notice of the same to the Lords vse .

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

Mines . Quarries . 29 Whether are there within this Mannor , any Tin-mines , Lead-mines , Copper-mines , Cole-mines , Quarryes of stone of Marble , Free-stones , Mil-stones , Lime-stones , Grinding-stones , Marle , or Chalke-p●ti , 〈◊〉 or moorish earth , fit for soyling of land , or any Potters cla● , clay for Bricke or Tile , or any Fullers earth , or any sand , or grauel-pits , or such kind of commoditie● , and what is euery such kind woorth to the Lord , or may be made woorth by yeere .

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

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

These things are not in euery country , much lesse in euery Mannor : for I think Essex can affoord little of them , vnlesse it be of Turffes and Peates , if they were sought in some low grounds , in some creeke of the sea ▪ Northumberland , Westmerland and those wild fields , yeeld store of peates and turffes : so doth Yorkshire some , and other places , many .

Bayly .

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

Sur.

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

Bayly .

How meane you downward ?

Sur.

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

Bayly .

Then it is beneficiall ground .

Sur.

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

Bayly .

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

Suruey .

Yes : it is good fire-wood in Deuonshire and Cornwal , where they make great profite in venting it for that vse , in many the greatest townes , and in Excester especially .

Bayly .

Then are they better then our ordinary Furzes about vs .

Sur.

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

Slate stones . Marking stones . 31 Whether is there within the Mannor any Slate-stones for ●iling , red or blacke Lead , or Oker for marking stones .

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

Deere . 32 What Deere hath the Lord of this Mannor in his Parke , red and fallow : how many of Antler , and how many rascall : who is Keeper , and what is his Fee by yeere : whether hath he any Warren of Conies , or Hare● , who is Keeper of either of them , and what Fee hath he by yeere , and what is the Warren of Conies woorth by yeere , and what were the Parke woorth by acre to be let by yeere , if the Deere were destroyed , and how many acres is there within the 〈◊〉

A Parke for Deere is more for the pleasure then for the profit of the Lord , or Commonwealth , and yet fit that Princes and men of woorth should maintaine them at their pleasures , yet not so fit , that euery man that listed should maintaine that game , for his priuate pleasure , that depriueth a Commonwealth of more necessary commo●ties . But men of late are growne more considerate , and haue disparked much of this kind of ground , and conuerted it to better vses . As for war●ens of Conies , they are not vnnecessarie , Conies . & they require no rich ground to feed in , but meane pasture and craggy grounds are fittest for them . It is therefore in the discretion of a good and circumspect Surueyor , to aduise his Lord ▪ how to dispose of these things for his best aduantage .

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

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

34 Whether is there within this Mannor any Market weekly , Markets . Faires . or Faire at any time of the yeere kept , on what day or dayes , who hath the toll and profits of the same , and what is it , or may it be worth vnto the Lord by yeere .

Faires and markets are commonly by patent from the King .

Pawnage . 35 Whether doth the Lord , or may he take in any ●●ine to pawnage yeerely into his parke or woods , what i● the pawnage woorth by yeere .

Bayly .

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

Sur.

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

Bayly .

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

Sur.

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

Bayly .

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

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

37 Who hath the ad●ouson , nomination , Ad●ouson . presentation and gift of the Parsonage , Vicarage , or Free-chappell whereunto this Mannor belongeth : or whether is it an impropriation , belonging to the Lord of this Mannor , who is incumbent of the Parsonage or Vicarage , or who hath the impropriation in vse , and what is it woorth by yeere

Some haue taken , and set downe , a Parsonage or Vicarage to be parcell of a Mannor , but I take it otherwise : for a matter of spirituall or ecclesiasticall function , cannot be parcell of a secular liuing . But a Mannor as touching the tythe , may belong to an ecclesiasticall charge : neither do I thinke , that an impropriation , though it belong vnto the Lord , yet is it not parcell of his Mannor : because that ab origine , euen from the f●r●t institution , it was dedicated to a spirituall office . And although the profites were afterwards disposed to a secular person , yet are not the profites parcell of the Mannor .

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

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

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

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

Market Townes . 40 What Marke● Townes are neerest vnto this Mannor , and what commodities are there especially vented at euery of them .

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

Thus much for the charge .

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

Immediatly af●er the charge thus ended , the Surueyor is to make proclamation , in the name of the Lord of the Mannor , that euery Tenant doe presently produce his deedes , copies , Leases , and other Euidences , to the end that the Surueyor and his Clarke may enter them roughly in a booke , and afterward inroll them faire in a bo●ke of Parchment for continuance .

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

Intrationes omnium & singularum chartarum , Beauland Manerium . Copiarum , Indenturarum omniumque aliarum Euident . tenentium , ibidem factae tertio die Nouemb. Anno Regni ▪ Domini nostri Iacobi , Dei gratia , magnae Britanniae , Franciae & Hiberniae Regis , fidei Defensor●s , &c. 4. vt sequuntur . viz.

Chartae Liberorum tenentium . W. P. de F. in Co● ▪ . M. Yeoman , per charta 〈◊〉 dat . tertio die Martii , Anno regni Henr. 7. secundo , tene● libere sibi & haeredibus suis ( if it be intailed , then according to the limitation ) ex donat. R. S. vnum mensuagium sine tentm . vocat . Whytlocks situat . in quadam venella vocat , Potters-street , 〈◊〉 ●esuag . R. L. ex . ●●str . & quandam viam vocat . Loue-lane ex parte Bor. abut●●an . fuper magnam communiam vocat . Hownes Moore in Occiden . & super com . campum , vocat . Beggers Bushfield in Orientem , & continet in longitudine quadragint . pertic . & in latitudine nouem pertic . & dimid. vnum ●lm . prati , vocat . Mosse meddow . cont. per estimat . quinque acr . & quinque acr . prat. iac. in commun. prat. vocat . Colliers meade , & tres clausur , terrae arabilis insimul iacent . vocat . Bathyes , cont. in se in to . per estimat . decem act . vnum clm . pastur . vocat . Abbots close , iacent . &c. cont. per estimat . tres acr . Quod quidem mesuagium pred . R. S. nuper perquisiuit , de quodam A. B. habend. &c. per redd . vnius libr. Piperis , & per seruic . inde debit . & consuet. 1. libr. Piperis .

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

Copiae Custumariorum Tenentium . B. C. pe●cop . Cur. dat . nono die Maii Anno regn● Elizabeth . 30. tenet exsursum reddic●one W. R. vnum tentm . iacent . in quodam vico vocat . Church-street , in t . &c. ( according to the buttles ) & vnam clm . terrae voc. Haywood , Finis 3. po 6. shill. 8 pe. iac. &c. cont. per estimat . duas acr . vnum pratum voc●t . Deare meade , cont. quinque acr . & decem acr . terr. in com . campis . Habendum sibi & haered . suis ad voluntatem Domini , secundum consuetudinem Ma●ern , & dedit Domino pro fine 3. pounds , 6. 〈◊〉 . 8. pence , & reddit per annum 2 shil. 6. pence .

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

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

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

De intratione dimissionum , siue Indenturarum , in quibus ea quae sequuntur , obseruanda sunt . Dies mensis & annus . Partes inter quas facta est Indentura . Consideratio concessionis . Particularia , quae per Indenturam traduntur . Habe●dum , cum termino annorum aut vitarum , pro quo aut quibus conceduntur . Redditus , & tempora solutionis . Clausa districtionis , a●t forisfacturae . Conuentiones , & Prouisiones breuiter . Quomodo obligatur ad warrantizandu● Concessor , &c.

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

Is this all that is required in the making vp of a booke of Suruey ?

Sur.

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

Bayly .

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

Sur.

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

Bayly .

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

Sur.

I must now command you ( the Lords Baily ) to appoint me some sufficient ●enants , to accompany me in the perambulation and description of the Mannor .

Bayly .

What , will you make a plot of the Mannor ?

Sur.

It is very expedient and necessary for many causes , A plot of a Mannor necessary . which I shewed you in our first conference .

Bayly .

Will you do it by instrument ?

Sur.

Yea.

Bayly .

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

Sur.

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

Bayly .

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

Sur.

A Painter can by his art delineate the proportion of any creature , without vsing perspectiue glasse , or a compasse , euen by the eye and serious obseruation : so may a man , hauing the true vse of any topographicall instrument by rules geometricall , describe a Mannor in a kind of forme , without line or chaine , or other measure . But if he will say he doth , or that he can truly delineate a Mannor with all the members , as euery street , high-way , lane , riuer , hedge , ditch , close , and field , in forme with true curnings , angles , lengths , and bredths , so that by the plot which he so maketh , a stranger by scale & compasse may truly find the quantities of the particulars , I will then say he is rara auis , he is to be admired , because I must needes speake as I find , that it is a matter both vnnecessary and vnprofitable : vnnecessary , because it is as if a man should build a house , without pinne or nayle , by ingenuous excellent geometricall conclusions , to magnifie the art , when with more certainty it may be done by the ordinary ayd of pinns , and nailes : and it is vnprofitable , because it will require a tenne-fold time more then the ordinary course of the instrument and chayne . And yet when curiosity hath done all that it can in this behalfe , he shall find ( though the conclusions be true ) the worke false .

Bayly .

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

Sur.

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

Baylie .

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

Sur.

I will not only not be curious , but I will gladly impart my poore skill vnto you , if you be willing : & I will bestowe demonstration , if you will afford attention and practise .

Baylie .

What call you this instrument ?

Sur.

Some call it the plaine table .

Baylie .

Is there no other instrument vsed in plotting of ground ?

Sur.

Yes , according as men of skill doe fansie .

Baylie .

But which doe you approoue most ? for as there be diuers , so men diuersely affect them ? As instruments are diuers , so men diuersely affect them .

Sur.

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

Baylie .

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

Sur.

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

Baylie .

But I haue heard of an instrument called a Circumferentor , which some do vse about this businesse .

Sur.

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

Bayly .

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

Sur.

Where ●o begin to describe a Mannor . Truly no : yet I hold it most fit to beginne abou● the middle of the Mannor , and then to take a course , as the conuenient lying of the land will moue vs , or at one end or side , all is one .

Bayly .

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

Sur.

I pray you then set down your instrument there .

Baylie .

What will you doe with that paper ▪ Sir .

Sur.

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

Bay .

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

Sur.

It is the Index of the plaine table .

Bay .

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

Sur.

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

Bay .

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

Sur.

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

Bay .

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

Sur.

When the needle of the Index standeth true , as I take it now it doth : Looke vpon it . The mannor of describing .

Bay .

Indeede , it is right ouer the line .

Sur.

Then I pray you , let me haue one to goe before me , alwaies to stand with a marke at ●uery angle .

Bay .

There is one gone .

Sur.

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

Baylie .

Sir , it is 25. stickes .

Sur.

That is 75. pole .

Baylie .

Is your chaine thrée pole ?

Sur.

Yea.

Baylie .

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

Sur.

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

Bayly .

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

Sur.

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

Bayly .

What call you it ? For as Arts haue diuers parts , so euery part hath his seuerall denomination .

Sur.

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

Bayly .

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

Sur.

You see in this Index diuers inches , diuersly diuided : The diuiding of the scale . one you see , is diuided into 16 ▪ equall parts , another into 20. another into 60. these are called scales of ascending , or descending , to a higher or lower computation and extention , according to the number of perches found betweene station and station . This ( as you see ) is 75. pole , and the scale or diuided inch , which I haue chosen , is 20. as you see the inch so diuided .

Bail .

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

Sur.

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

Bail .

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

Sur.

If your sudden apprehension haue as strong a retention , you will do well : but commonly quickest conceits do soonest forget . Quick conceit● soone forget . Therefore must you often chew it in your mind , and apply it to your memory , and as we passe in this busines , you may make some practice .

Bai.

Sir , I thanke you .

Sur.

What call you this common ?

Bai.

Ye● that are Tenants , and are sworn● , informe the Surueyor .

Iurie .

Sir , it is called , Water-hurst common .

Sur.

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

Bai.

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

Sur.

I doe so .

Bai.

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

Sur.

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

Bai.

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

Sur.

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

Bai.

37. pole : I see you take almost 2. inches for this number , namely one intire inch ▪ for 20. & 17. parts of the scale of 20. which in the whole maketh 37. & I sée truly , as 37 is the half almost of 75. so is this last line , the answerable half● of the first , and the angle falleth out in the paper , iust alike vnto the angle of the field . Surely this is a perfect way , and I conceiue the doing of it very plainely .

Sur.

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

Bayly .

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

Sur.

Into the next field . What field call you this ?

Iury. .

Oxe-leaze .

Sur.

Whole is it ?

Iury. .

Thomas Turners .

Sur.

How doth he hold it ?

Iur.

He holds it by Copy of Courtroll .

Sur.

It is meddow .

Iury. .

Yea.

Baylie .

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

Sur.

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

Bayly .

I pray you proceed to the rest .

Sur.

What riuer call you this ?

Bayly .

Will you haue the names of the riuers too ? The names of all particulars , are to be set downe .

Sur.

Yea , and the name of euery other particular else whatsoeuer : for it is very materiall , whether it be riuer , Brooke , lane , high way , crosse , tree , pond , hill , hedge , corner , gate , stile , grauell , or sand-pit , meerestones , baulkes , land , shares , or any matter or thing memorable , because they are often mentioned in records : butts , boundaries , deedes , copies , leases , and to distinguish betweene land , and land , Mannor , and Mannor , parish , and parish , & such like .

Bay .

In deede , I perceiue it is very needfull to remember them all : this riuer indeede is called Otter brooke , and is indeede the bounds betweene this Mannor of Beauland , and the next Mannor .

Sur.

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

Bay .

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

Sur.

Yea , of necessitie , and whose Mannor it is : for it were a simple part in me , Conf●●ing Mannors are to be noted . to take the circuit of this Mannor , and if the Lord should aske me what Mannors lay about it , I should answere , I cannot tel : it is fit the Lord should knowe who were his neighbour Lords , and what Mannors were neere him . Whose is the Mannor of Littleton ?

Bay .

The kings Mannor : and therefore whether you may boldly set it downe , you may be aduised .

Sur.

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

Bai.

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

Sur.

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

Bai.

How , I pray you ?

Sur.

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

Bayly .

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

Sur.

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

Baily .

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

Sur.

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

Bayly .

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

Sur.

What house is this ?

Bayly .

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

Sur.

You do better to forbeare , and to be silent indeed , then to speake what may leade vs into error ,

They that informe , must know what they say .

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

as many busie and forward fellowes do , to the hurt sometimes of the Lord , sometimes of the tenant . And some Surueyors ouer credulous , will take their raw reports for matter of record , and so leaue doubts or vntruths to them that shall come after . But what say you that haue bene sworne ?

Iury. .

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

Sur.

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

Iury. .

It is now in the renure of W. Sands .

Sur.

How doth he hold it ?

Iury. .

By Lease for 21. yéer●s .

Sur.

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

Bayly .

Here you are now come to the Lords wood .

Sur.

What call you this wood ?

Bayly .

I take it , it is called Frith-wood .

Sur.

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

Iury. .

It is so , Sir .

Sur.

Here are good timber trees , we will number them .

Bayly .

To number trees . Number them ? how is it possible to number them , they are so many , and stand so thicke ?

Sur.

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

Bayly .

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

Sur.

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

Bayly .

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

Sur.

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

Bayly .

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

Sur.

Then is it vnderwood , Difference betweene timber trees and vnderwood . which must be considered in another kind : for there is difference betweene timber trees , and vnderwoods : for an acre of timber trees may be woorth forty pounds , and far more , or much lesse , when an acre of vnderwoods can not lightly exceed fiue pounds , and may not be woorth twenty shillings . Therefore must the Surueyor be heedful , I say , to note what trees are among the vnderwoods , and must also haue skill to iudge of the values of the trees : namely , to iudge what a tunne of timber , or a loade is worth , and how many loades a tree will make . And because this is not alike in all places , he must be carefull to obserue the plentie or scarcitie , the vse and little vse of timber or fire-wood in the place where he is to deale , and accordingly in discretion to iudge of the values of that he hath in hand , else may he deceiue himself and his Lord much , The place to be considered . if he prize wood in the wield of Sussex , as it is woorth about Salisburie plaine .

Bayly .

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

Sur.

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

Bail .

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

Sur.

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

Bail .

It is true : these things are necessarily giuen them in charge . But here is a Mill , Sir , will you take note of it vpon your plot ?

Sur.

In any case : for it is not the least ornament of a Mannor , a faire streame and a well conditioned , A good Water-Mill , an ornament to a Mannor . and well wrought Mill vpon the same . In whose vse or occupation is this Mill ?

Bayly .

It is one G. Iohnsons .

Sur.

By what right ?

Bayly .

Let them of the Iury speake .

Iury. .

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

Sur.

He that perswaded the Lord to sell away his custome Mill , Not good for a Lord to al●●n his Custome-Mill . had little respect to the Lords profit or royaltie : the profite comes easily , and the custome confirmeth the antiquitie of the Mannor . And such a member of a Mannor , I would wish none to put away . But humor and necessitie , Humor and Necessitie , two Emperors opposite . are two opposite Emperors ; the one commands , willeth , and doth what he listeth , the other forced to do what it would not . And therefore men that may do what they list , and will do what they may , if they erre to their own hurt , are not to be lamented . But they that are constrained to do what they would not , to their preiudice , I pitty them . But I take it , we haue neere troden the whole Mannor .

Bayly .

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

Sur.

But here are certaine cottages , me thinkes , builded vpon the Lords waste . Cottages on the waste .

Bayly .

Yea , but let them passe , neuer meddle with them : for they are onely shelter for poore people , and yéeld the Lord little or no commodity , and therefore spare labor of obseruing them .

Sur.

Nay , it is a parcell of my taske , I must omi● nothing , that may informe or benefite the Lord .

Bayly .

Be it then as you will .

Sur.

What are we now at an end ?

Baylie .

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

Sur.

So , then we will retire .

Baylie .

What will you then command to be done ?

Sur.

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

Bayly .

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

Sur.

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

Baylie .

They all appeare .

Sur.

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

Iury. .

Yea Sir , here it is fairely written .

Sur.

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

Iurie .

What néede we set to our hands ?

Sur.

Because if I erre from it , your hands shall testifie against me : if you haue erred , Th● Iury must subscribe their verdict . and I erre through you your hands shall iustifie me .

Iur.

The thing is reasonable , we will subscribe .

Sur.

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

Iur.

Reade you Sir .

Sur.

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

Iur.

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

Sur.

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

Sur.

I pray you therefore , let there be an examination , and we will gladly giue both our attendance and best ayde to perfect it .

Bail .

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

Sur.

Do so .

Bai.

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

Sur.

I purpose so .

Bayly .

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

Sur.

Do so .

The end of the third booke .

The Surueyors Dialogue , shewing the maner of casting vp o● sundry fashions of land , with the scale and compasse , with Tables of computation for ease in accompting . The fourth Booke . Bayly

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

Sur.

So I am .

Bayly .

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

Sur.

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

Bayly .

I thinke , if I were vpon the ground , I could tell you : but vpon the plot I cannot , 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 ?

Sur.

This that you see like a ruler diuided .

Bayly .

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 .

Sur.

You say right .

Bayly .

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 ?

Sur.

Multiply the one side by the other .

Bayly .

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 ?

Sur.

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 .

Bayly .

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 ,

Sur.

You take it rightly .

Bayly .

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 .

Sur.

It is well done : but I would haue you obserue , 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 .

Bayly .

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

Suruey .

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

Bai.

I haue

laid the compasse to the sides , as before , and by the scale ▪ all the sides are twenty perches a p●●ce , as were the first , 〈◊〉 I find no difference in the quantitie .

Sur.

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 .

Bay .

I pray you shew me the reason .

Sur.

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 , 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 .

Bai.

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 .

Sur.

It is true .

Bai.

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 .

Sur.

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 .

Bai.

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 ?

Sur.

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

Bai.

I pray you shew me the manner .

Sur.

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 .

Bai.

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

Sur.

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 .

Bai.

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 .

Sur.

So it is .

Bai.

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 item indeede the triangle containeth . The base mult●plied by the perpendicular .

Sur.

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 .

Bai.

Doe you imagine that the truest measure , i● by triangles ?

Sur.

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 .

Bai.

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 .

Sur.

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 .

Bay .

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

Sur.

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 .

Bay .

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 .

Sur.

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

Bai.

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

Sur.

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

Bai.

Were these of your owne inuention ?

Sur.

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 .

Bai.

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

Sur.

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

Bai.

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

Sur.

So it is .

Bai.

Who , I pray you , found out this way 〈◊〉 ▪

Sur.

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 , wanting 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 .

Bai.

Did M. Agas first containe them so ?

Sur.

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 .

Bai.

Is this the booke , and are these the Tables ?

Sur.

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 .

Tabulae primae , pars prima . 1 2 3 4 5 6 7 8 9 10 1 1 2 3 1 1 1 1 2 1 3 2 2 1 2 2 2 1 1 2 2 2 2 3 3 2 4 4 2 5 3 2 1 3 3 3 4 2 5 1 6 6 3 7 2 4 4 5 6 7 8 9 1 5 6 1 7 2 8 3 1 1 1 1 1 2 2 6 9 1 2 1 2 1 3 2 1 5 7 1 2 1 1 4 1 5 3 1 7 2 8 1 6 1 8 2 9 2 1 2 2 2 10 2 5

Tabulae primae , pars secunda . 11 12 13 14 15 16 17 18 19 20 1 2 3 3 3 1 3 2 3 3 4 4 1 4 2 4 3 5 2 5 2 6 6 2 7 7 2 8 8 2 9 9 2 1 3 8 1 9 9 3 1 2 1 1 1 1 2 1 2 3 1 3 2 1 4 1 1 5 4 1 1 1 2 1 3 1 4 1 5 1 6 1 ● 1 8 1 2 2 5 1 3 3 1 5 1 6 1 1 7 2 1 8 3 2 2 1 1 2 2 2 2 3 3 2 5 6 1 6 2 1 8 1 9 2 2 1 2 2 2 2 4 2 5 2 2 7 2 3 2 3 7 1 9 1 2 1 2 2 3 2 4 2 2 6 1 2 8 2 7 3 3 1 2 3 3 1 3 5 8 2 2 2 4 2 6 2 8 3 3 2 3 4 3 6 3 8 1 9 2 4 3 2 7 2 7 1 3 1 2 3 3 3 3 6 3 8 2 1 2 1 2 3 1 3 10 2 7 2 3 3 2 2 3 5 3 ● 2 1 1 2 2 1 ● 1 ● 2 1 1 11 3 1 3 3 3 5 3 3 8 2 1 1 1 1 4 1 6 3 1 0 2 1 1 1 ● 1 1 5 12 3 6 3 9 1 2 1 5 1 8 1 1 1 1 1 4 1 1 7 1 2 13 1 2 1 1 5 2 1 ● 3 1 1 2 1 1 5 1 1 1 ● 2 1 2 1 3 1 2 5 14 1 9 1 1 2 2 1 1 6 1 1 9 2 1 2 5 1 2 6 2 1 2 15 1 1 6 1 1 2 1 2 3 3 1 2 ● 2 1 3 1 1 1 3 5 16 1 2 4 1 2 ● 1 3 ● 1 3 6 2 17 1 3 2 1 1 3 6 2 2 3 2 5 18 2 1 2 5 2 2 1 19 2 1 1 2 2 5 20 2 2

Tabulae secundae , pars prima . 21 22 23 24 25 26 27 28 29 30 1 5 1 5 2 5 3 6 6 1 6 2 6 3 7 7 1 7 2 2 1 2 1 1 1 1 2 1 2 1 2 2 1 3 1 3 2 1 4 1 4 2 1 5 3 1 5 3 1 6 2 1 7 1 1 8 1 8 3 1 9 2 2 1 2 1 2 1 3 2 2 2 4 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 5 2 6 1 2 7 2 2 3 3 3 3 1 1 3 2 2 3 3 3 3 5 3 6 1 3 7 8 6 3 1 2 3 3 3 4 2 3 6 3 2 3 9 1 2 1 2 1 3 2 1 5 7 3 6 3 3 8 2 1 1 1 2 1 3 3 1 5 2 1 7 1 1 9 1 1 3 1 1 2 2 8 1 2 1 4 1 6 1 8 1 1 1 1 2 1 1 4 1 1 6 1 1 8 1 ● 9 1 ● 1 1 9 2 1 1 1 3 1 1 4 1 1 6 1 1 1 8 2 1 2 3 1 2 3 1 2 5 1 1 2 7 2 10 1 1 2 2 1 1 5 1 1 ● 2 1 2 1 2 2 2 1 2 5 1 2 ● 2 1 3 1 3 2 2 1 3 5 11 1 1 7 3 1 2 2 1 2 3 1 1 2 6 1 2 8 3 1 3 1 2 1 3 4 1 1 3 7 1 3 9 3 2 2 2 12 1 2 3 1 2 6 1 2 9 1 3 2 1 3 5 1 3 8 2 1 2 4 2 7 2 1 13 1 2 8 1 1 3 1 2 1 3 4 3 1 3 3 2 1 1 2 4 2 2 7 3 2 1 1 2 1 4 1 2 1 7 2 14 1 3 3 2 1 3 7 2 2 2 4 2 7 2 2 1 1 2 1 4 2 2 1 8 2 2 1 2 2 2 5 15 1 3 8 3 2 2 2 2 6 1 2 1 2 1 3 3 2 1 7 2 2 2 1 1 2 2 5 2 2 3 3 2 3 2 2 16 2 4 2 8 2 1 2 2 1 6 2 2 2 2 4 2 2 8 2 3 2 2 3 6 3 17 2 9 1 2 1 3 2 2 1 7 3 2 2 2 2 2 6 1 2 3 2 2 3 4 3 2 3 9 3 3 1 3 7 2 18 2 1 4 1 2 1 9 2 2 3 2 2 2 8 2 3 2 2 2 3 7 3 1 2 3 6 3 1 2 3 1 5 19 2 1 9 3 2 2 4 2 2 2 4 1 2 3 4 2 3 8 3 3 3 2 3 8 1 3 1 3 3 1 7 1 3 2 2 2 20 2 2 5 2 3 2 3 5 3 3 5 3 1 3 1 5 3 2 3 2 ● 3 3

Tabulae secundae , pars secundae . 31 32 33 34 35 36 37 38 39 40 1 7 3 8 8 1 8 2 8 3 9 9 1 9 2 9 3 1 2 1 5 2 1 6 1 6 2 1 7 1 7 2 1 8 1 8 2 1 9 1 9 2 2 3 1 3 1 2 4 2 4 3 2 5 2 2 6 1 2 7 2 7 3 2 8 2 2 9 1 3 4 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 1 5 3 8 3 1 1 1 1 1 2 2 1 3 3 1 5 1 6 1 1 7 2 1 8 3 1 1 6 1 6 2 1 ● 1 9 2 1 1 1 1 1 2 2 1 1 4 1 1 5 2 1 1 7 1 1 8 2 1 2 7 1 1 4 1 1 1 6 1 1 7 3 1 1 9 2 1 2 1 1 1 2 3 1 2 4 3 1 2 6 2 1 2 8 1 1 3 8 1 2 2 1 2 ● 1 2 6 1 2 8 1 3 1 3 2 1 3 4 1 3 6 1 3 8 2 9 1 2 9 3 1 3 2 1 3 4 1 1 3 6 2 1 3 8 3 2 1 2 3 1 2 5 2 2 ● 3 2 1 10 1 3 7 2 ● 2 2 2 2 5 2 7 2 2 1 2 1 2 2 2 1 5 2 1 7 2 2 2 11 2 5 1 1 1 2 1 3 2 1 3 2 2 1 6 1 2 1 9 2 2 1 3 2 2 4 2 2 2 7 1 2 3 12 2 1 3 ● 1 6 2 1 9 2 2 2 2 2 5 2 2 8 2 3 1 1 3 4 2 3 7 3 13 2 2 3 2 2 ● 2 2 7 1 2 3 2 2 3 3 3 ● 3 7 2 1 3 3 2 3 6 3 3 1 14 2 2 8 2 2 3 2 2 3 5 2 2 3 9 3 1 2 3 6 3 ● 2 3 1 3 3 1 6 2 3 2 15 2 3 6 1 ● 31 3 3 7 2 3 1 1 1 3 1 5 3 1 ● 3 3 2 2 2 3 2 6 1 3 3 16 3 4 3 8 3 1 2 3 1 6 3 2 3 2 4 3 2 8 3 3 2 3 3 6 4 17 3 1 1 3 ●● 1 3 2 1 3 2 4 ● 3 2 8 3 3 3 3 3 3 7 1 4 1 2 4 5 3 4 1 18 3 1 9 2 ● 2 ● 3 2 8 2 3 3 3 3 3 7 2 4 2 4 6 2 4 1 1 4 1 5 2 4 2 19 3 2 7 1 ● 3 ● 3 3 6 3 4 1 1 4 6 1 4 1 1 4 1 5 2 4 2 2 4 2 5 1 4 3 20 3 3 2 4 4 5 4 1 4 1 5 4 2 4 2 5 4 3 4 3 5 1

Tabulae secundae , pars tertia . 21 22 23 24 25 26 27 28 29 30 21 2 3 1 2 3 5 2 3 3 3 6 3 1 1 1 3 1 6 2 3 2 1 3 3 2 7 3 3 2 1 3 3 7 2 22 3 1 3 6 2 3 1 2 3 1 7 2 3 2 3 3 2 8 2 3 3 4 3 3 9 2 4 5 23 3 1 2 2 3 1 8 3 2 3 3 3 2 9 2 3 3 5 1 4 1 4 1 6 3 4 1 2 2 24 3 2 4 3 3 3 3 6 4 2 4 8 4 1 4 4 2 25 3 3 4 1 4 2 2 4 8 3 4 1 5 4 2 1 1 4 2 7 2 26 4 9 4 1 5 2 4 2 2 4 2 8 2 4 3 5 27 4 2 2 1 4 2 9 4 3 5 3 5 2 2 28 4 3 6 5 3 5 1 29 5 1 1 5 1 7 2 30 5 2 5

Tabulae secundae , pars quarta . 31 32 33 34 35 36 37 38 39 40 21 4 2 3 4 8 4 1 3 1 4 1 8 2 4 2 3 3 4 2 9 4 3 4 ● 4 3 9 2 5 4 3 5 1 22 4 ●● 4 1 6 4 2 1 2 4 2 7 4 3 2 2 4 3 8 5 3 2 5 9 5 1 4 2 5 2 23 4 8 ●● 4 2 4 4 2 9 3 4 3 5 2 5 1 1 5 7 5 1 2 2 5 1 8 2 5 2 4 1 5 3 24 4 ● 6 4 3 2 4 3 8 5 4 5 1 5 1 6 5 2 2 5 2 8 5 3 4 ● 25 4 ● 3 5 5 6 2 5 1 2 2 5 1 8 3 5 2 5 5 3 1 1 5 3 7 2 6 3 3 6 1 26 5 ●● 5 8 5 1 4 2 5 2 1 5 2 7 2 5 3 4 6 2 6 7 6 1 3 2 6 2 27 5 9 5 1 6 5 2 2 3 5 2 9 2 5 3 6 1 6 3 6 9 3 6 1 6 2 6 2 3 1 6 3 28 5 7 5 2 4 5 3 1 5 3 8 6 5 6 1 2 6 1 9 6 2 6 6 3 3 7 29 5 ● 4 ● 5 3 2 5 3 9 1 6 6 2 6 1 3 3 6 2 1 6 2 8 1 6 3 3 2 7 2 3 7 1 30 5 ● 2 ● 6 6 7 2 6 1 5 6 2 2 2 6 3 6 3 7 2 7 5 7 1 2 2 7 2 31 6 6 8 6 1 5 3 6 2 3 2 6 3 1 1 6 3 9 7 6 3 7 1 4 2 7 2 1 1 7 3 32 6 1 6 6 2 4 6 3 2 7 7 8 7 1 6 7 2 4 7 3 2 8 33 6 3 2 1 7 2 7 8 3 7 1 7 7 2 5 1 7 3 3 2 8 1 3 8 1 34 7 9 7 1 7 2 7 2 6 7 3 4 2 8 3 8 1 1 2 8 2 35 7 2 6 1 7 3 5 8 3 3 8 1 2 2 8 2 1 3 8 3 36 8 4 8 1 3 8 2 2 8 3 1 9 37 8 2 2 1 8 3 1 2 9 3 9 1 38 9 1 9 1 2 9 2 39 9 2 1 9 3 40 10

Tabulae tertiae , pars prima . 41 42 43 44 45 46 47 48 49 50 1 1 1 1 2 1 3 1 1 1 1 1 1 1 2 1 1 3 1 2 1 2 1 1 2 2 2 2 2 2 1 2 1 2 2 2 2 2 2 2 3 2 3 2 2 4 2 4 2 2 5 3 3 3 3 1 2 3 2 1 3 3 3 3 3 3 4 2 3 5 1 3 6 3 6 3 3 7 2 4 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 1 5 1 1 1 1 1 1 2 2 1 1 2 3 1 1 5 1 1 6 1 1 1 7 2 1 1 8 3 1 2 1 2 1 1 1 2 2 2 6 1 2 1 2 1 2 3 1 2 4 2 1 2 6 1 2 7 2 1 2 9 1 3 2 1 3 2 1 3 3 2 1 3 5 7 1 3 1 3 1 3 3 2 1 3 5 1 1 3 7 1 3 8 3 2 2 2 2 1 2 4 2 5 3 2 7 2 8 2 2 2 4 2 6 2 8 2 1 2 1 2 2 1 4 2 1 6 2 1 8 2 2 9 2 1 2 1 2 1 4 2 2 1 6 3 2 1 9 2 2 1 1 2 2 3 2 2 2 5 3 2 2 8 2 3 1 2 3 2 2 10 2 2 2 2 2 2 5 2 2 7 2 2 3 2 3 2 2 2 3 5 2 3 7 2 3 3 2 2 3 5 11 2 3 2 3 3 3 5 2 2 3 8 1 3 1 3 3 3 3 6 2 3 9 1 3 1 4 3 3 1 7 2 3 2 1 12 3 3 3 6 3 9 3 1 2 3 1 5 3 1 8 3 2 1 3 2 4 3 2 7 3 3 13 3 1 3 1 3 1 6 2 3 2 9 3 3 2 3 3 2 6 1 3 2 9 2 3 3 2 3 3 3 6 3 3 ● 1 4 2 2 14 3 2 3 2 3 2 7 3 3 2 3 3 4 3 3 7 2 4 1 4 4 2 4 8 4 1 1 2 4 1 5 15 3 2 5 3 3 3 7 2 4 1 1 4 5 4 ● 3 4 1 2 2 4 1 6 1 4 2 4 2 3 3 4 2 7 2 16 4 4 4 8 4 1 2 4 1 6 4 2 4 2 4 4 2 8 4 3 ● 4 3 6 5 17 4 1 4 1 4 1 8 2 4 2 2 3 4 2 7 4 3 1 1 4 3 5 2 4 3 9 3 5 4 5 8 1 3 1 2 1 18 4 2 4 2 4 2 9 4 3 3 2 4 3 8 5 2 2 5 7 5 1 1 2 5 1 6 5 2 2 5 2 5 19 4 3 4 3 4 3 9 2 5 4 1 ● 9 5 1 3 3 5 1 8 2 5 2 3 1 5 2 8 5 3 2 3 5 3 7 2 20 5 5 5 1 5 1 5 5 2 5 2 5 5 3 5 3 5 6 6 5 6 1

Tabulae tertiae , pars secunda . 51 52 53 54 55 56 57 58 59 60 1 1 2 3 1 3 1 3 1 1 3 2 1 3 3 1 4 1 4 1 1 4 2 1 4 3 1 5 2 2 5 2 2 6 2 6 2 2 7 2 7 2 2 8 2 8 2 2 9 2 9 2 3 3 3 8 1 3 9 3 9 3 1 2 1 1 1 1 ● 1 2 3 1 3 2 1 4 1 1 5 4 1 1 1 1 1 2 1 1 3 1 1 4 1 1 5 1 1 6 1 1 7 1 1 8 1 1 9 1 2 5 1 2 3 3 1 2 5 1 2 6 1 1 2 7 2 1 2 8 3 1 3 1 3 1 1 1 3 2 2 1 3 3 3 1 3 5 6 1 3 6 2 1 3 8 1 3 9 2 2 1 2 2 2 2 4 2 5 2 2 7 2 8 2 2 1 7 2 9 1 2 1 1 2 1 ● 3 2 1 4 2 2 1 6 1 2 1 8 2 1 9 3 2 2 1 2 2 2 2 1 2 2 5 8 2 2 1 2 2 4 2 2 5 2 2 8 2 3 2 3 2 2 3 4 2 3 6 2 3 8 3 9 2 5 4 3 2 3 7 2 3 9 1 ● 1 2 3 3 3 3 6 3 8 ● 3 1 2 3 1 ● 3 3 1 5 10 3 7 2 3 1 3 1 2 2 3 1 5 3 1 7 2 3 2 3 2 2 2 3 2 5 3 2 7 2 3 3 11 3 1 ● 1 3 2 3 3 2 3 3 3 2 3 2 3 3 1 1 3 3 4 3 3 6 3 3 3 9 2 4 2 1 4 5 12 3 3 3 3 3 6 3 3 ● 4 2 4 5 4 1 4 1 1 4 1 4 4 1 7 4 2 13 4 5 3 4 9 4 1 2 1 4 1 5 2 4 1 8 3 4 2 2 4 2 5 ● 4 2 8 2 4 3 1 3 4 3 5 14 4 1 8 2 4 2 2 4 2 5 2 4 2 9 4 3 2 2 4 3 6 4 3 9 2 5 3 5 6 2 5 1 15 4 3 1 1 4 3 5 4 3 ● 3 5 2 2 5 6 1 5 1 5 1 ● 3 5 1 7 2 5 2 1 1 5 2 5 16 5 4 5 8 9 1 2 5 1 6 5 2 5 2 4 5 2 8 5 3 2 5 3 6 6 17 5 1 6 3 5 2 1 5 2 4 1 5 2 3 3 5 2 9 2 5 3 3 3 5 3 8 6 6 2 6 1 3 6 1 5 18 5 2 9 2 5 3 4 5 3 8 2 6 ● 6 7 2 6 1 2 6 1 6 2 6 2 1 6 2 5 2 6 3 19 6 2 1 6 7 6 1 1 2 6 1 6 2 6 2 1 1 6 2 6 6 3 3 6 3 3 2 7 1 7 5 20 6 1 5 6 2 6 2 5 6 3 6 3 5 7 7 5 7 1 7 1 5 7 2

Tabulae tertiae , pars tertia . 41 42 43 44 45 46 47 48 49 50 21 5 1 5 1 5 2 2 5 2 5 3 5 3 1 5 3 6 1 6 1 2 6 6 3 6 1 2 6 1 1 1 6 2 2 2 22 5 2 3 2 5 3 1 5 3 6 2 6 2 6 7 2 6 1 3 6 1 8 2 6 2 1 6 2 9 2 6 3 5 23 5 3 5 3 6 1 2 6 7 1 6 1 3 6 1 8 3 6 2 4 2 6 3 1 6 3 6 7 1 3 7 7 2 24 6 6 6 1 2 6 1 8 6 2 4 6 3 6 3 6 7 2 7 8 7 1 4 7 2 25 6 1 6 1 6 2 2 2 6 2 8 3 6 3 5 7 1 1 7 7 2 7 1 3 3 7 2 7 2 6 1 7 3 2 2 26 6 2 6 2 6 3 3 6 3 9 2 7 6 7 1 2 2 7 1 9 7 2 5 2 7 3 2 7 3 8 2 8 5 27 6 3 6 3 7 3 2 7 1 1 7 1 7 7 2 3 3 7 3 2 7 3 7 1 8 4 8 1 3 8 1 7 2 28 7 7 7 1 4 7 2 1 7 2 8 7 3 5 8 2 8 9 8 1 6 8 2 3 8 3 29 7 1 ● 1 7 2 4 2 7 3 1 3 7 3 9 8 6 1 8 1 ● 2 8 2 3 8 2 8 8 3 5 1 9 2 2 30 7 2 7 2 7 3 5 8 2 2 8 1 8 1 1 2 8 2 5 8 3 2 2 9 9 7 2 9 1 5 31 7 3 7 3 8 5 2 8 1 3 1 8 2 1 8 2 8 2 8 3 6 2 9 4 1 9 1 2 9 1 ● 3 9 2 7 2 32 8 8 8 1 6 8 2 4 8 3 2 9 9 8 9 1 6 9 2 ● 9 3 2 10 33 8 1 8 1 8 2 6 2 8 3 4 3 9 3 9 1 1 1 9 1 9 2 9 2 7 3 9 3 6 10 ● 1 10 1 2 2 34 8 2 8 2 8 3 7 9 5 2 9 1 4 9 2 2 2 9 3 1 9 3 9 2 10 8 10 1 6 2 10 2 5 35 8 3 8 3 9 7 2 9 1 6 1 9 2 5 9 3 3 3 10 2 2 10 1 1 1 10 2 10 2 8 3 10 3 7 3 36 9 9 9 1 8 9 2 1 9 3 6 10 5 10 1 4 10 2 3 10 3 2 11 1 11 1 37 9 1 9 1 9 2 8 2 9 3 ● 3 10 7 10 1 6 1 10 2 5 2 10 3 4 3 11 4 11 2 3 1 11 2 2 2 38 9 2 9 2 9 3 9 10 8 2 10 1 8 10 2 7 2 10 3 7 11 6 2 11 1 6 11 2 5 2 11 3 5 39 9 3 9 3 10 2 10 1 9 1 10 2 9 10 3 8 3 11 8 2 11 1 8 1 11 2 8 11 3 7 2 12 7 1 40 10 1 10 2 10 11 11 1 11 2 11 3 12 12 1 12 2

Tabulae tertiae , pars quarta . 51 52 53 54 55 56 57 58 59 60 21 6 2 7 3 6 3 3 6 3 8 1 7 3 2 7 8 3 7 1 4 7 1 9 1 7 2 4 2 7 2 9 3 7 3 5 22 7 2 7 6 7 1 1 2 7 1 7 7 2 2 2 7 2 8 7 3 3 2 7 3 9 8 4 2 8 1 23 7 1 ● 1 ● 1 ● 7 2 4 3 7 3 2 7 3 6 1 8 2 8 ● 3 8 1 3 2 8 1 9 1 8 2 5 24 7 2 6 7 3 2 7 3 8 8 4 8 1 8 1 6 8 2 2 8 2 8 8 3 4 9 25 7 3 8 3 8 5 8 1 1 1 8 1 7 2 8 2 3 3 8 3 8 3 6 1 9 2 2 9 8 3 9 1 5 26 8 1 1 2 8 1 8 8 2 4 2 8 3 1 8 3 7 2 9 4 9 1 2 9 1 ● 9 2 3 2 9 3 27 8 2 4 1 8 3 1 8 3 3 3 9 4 2 9 1 1 1 9 1 3 9 2 4 3 9 3 1 2 9 3 8 1 10 5 28 8 3 7 9 1 9 1 1 9 1 8 9 2 9 3 2 9 3 9 10 9 10 1 3 10 2 ● 29 9 9 3 9 1 7 9 2 4 1 9 3 1 2 9 3 8 3 10 6 10 1 3 1 10 2 2 10 2 7 3 10 3 5 30 9 2 2 2 9 3 9 3 7 2 10 5 10 1 2 2 10 2 10 2 ● 2 10 3 5 11 2 2 11 1 31 9 3 3 1 10 3 10 1 3 10 1 8 2 10 2 6 1 10 3 4 11 1 3 11 9 2 11 1 7 1 11 2 5 32 10 8 10 1 6 10 2 4 10 3 2 11 11 ● 8 11 1 6 11 2 4 11 3 2 12 33 10 2 3 10 2 9 10 3 7 1 11 5 2 11 1 3 3 11 2 2 11 3 1 11 3 8 2 12 6 3 12 1 5 34 10 3 3 2 11 2 11 1 2 11 1 9 11 2 8 2 11 3 6 12 4 2 12 1 3 12 2 1 2 12 3 35 11 6 1 11 1 5 11 2 3 3 11 3 2 2 12 1 1 12 1 12 1 8 3 12 2 7 2 12 3 6 1 13 5 36 11 1 9 11 2 8 11 3 7 12 6 12 1 5 12 2 4 12 3 3 13 2 13 1 1 13 2 37 11 3 1 3 12 1 12 1 1 12 1 9 2 12 2 8 3 12 3 8 13 7 1 13 1 6 2 13 2 5 3 13 3 5 38 12 4 2 12 1 4 12 2 3 2 12 3 3 13 2 2 11 1 2 13 2 1 2 13 3 1 14 2 14 1 39 12 1 7 1 12 2 7 12 3 6 3 13 6 2 13 1 6 1 13 2 6 13 3 3 3 14 5 2 14 1 5 1 14 2 5 40 12 3 13 13 1 13 2 13 3 14 14 1 14 2 14 3 15

Tabulae tertiae , pars quinta . 41 42 43 44 45 46 47 48 49 50 41 10 2 1 10 3 2 11 3 11 1 1 11 2 1 1 11 3 1 2 12 1 3 12 1 2 12 2 2 1 12 3 2 2 42 11 1 11 1 1 2 11 2 2 11 3 2 2 12 3 12 1 3 2 12 2 4 12 3 4 2 13 5 43 11 2 2 1 11 3 3 12 2 3 12 1 4 2 12 2 4 1 12 2 5 1 12 3 6 13 1 7 2 44 12 4 12 1 5 12 2 6 12 3 7 13 8 13 1 9 13 3 45 12 2 6 1 12 3 7 2 13 8 3 13 2 13 5 1 1 14 2 2 46 13 9 13 2 2 13 3 2 14 3 2 14 1 5 47 13 3 2 1 14 4 14 1 5 2 14 2 7 2 48 14 1 6 14 2 8 15 49 15 1 15 1 2 2 50 15 2 5

Tabulae tertiae , pars sexta . 51 52 53 54 55 56 57 58 59 60 41 13 ● 3 13 1 3 13 2 3 1 13 3 3 2 14 3 3 14 1 4 14 2 4 1 14 3 4 2 15 4 3 15 1 5 42 13 1 5 2 13 2 6 13 3 6 2 14 7 14 1 7 2 14 2 8 14 3 8 2 15 9 15 1 9 2 15 3 43 13 2 5 1 13 3 9 14 9 3 14 2 2 14 3 1 1 15 2 15 1 1 3 15 2 3 2 15 3 4 1 16 5 44 14 1 14 1 2 14 2 3 14 3 4 15 5 15 1 6 15 2 7 15 3 8 16 9 16 2 45 14 1 3 3 14 2 5 14 3 6 1 15 7 2 15 1 8 3 15 3 16 1 1 16 1 1 2 16 2 3 3 16 3 5 46 14 2 5 2 14 3 8 15 9 2 15 2 1 15 3 2 2 16 14 16 1 5 2 16 2 ● 16 3 8 2 17 1 47 14 3 4 1 15 1 1 15 2 2 8 15 3 4 2 16 6 1 16 1 8 16 2 9 3 17 1 2 17 1 3 1 17 2 5 48 ●5 1 ● 15 2 4 15 3 6 16 8 16 2 16 3 2 17 4 17 1 6 17 2 8 18 49 ●5 2 ● 3 15 3 7 16 9 1 16 2 1 2 16 3 3 3 17 6 17 1 8 1 17 3 2 18 2 3 18 1 5 50 15 5 ● 2 16 1 16 2 2 2 16 3 5 17 7 2 17 2 17 3 2 2 18 5 18 1 7 2 18 3 51 16 1 1 16 2 3 16 3 5 3 17 8 2 17 2 1 1 17 3 4 18 6 3 18 1 9 2 18 3 2 1 19 5 52 16 3 6 17 9 17 2 2 17 3 5 18 ● 18 2 1 18 3 4 19 7 19 2 53 17 2 2 1 17 3 5 2 18 8 3 18 2 2 18 3 5 1 19 8 2 19 2 1 3 19 3 5 54 18 9 18 2 2 2 18 3 6 19 4 2 19 2 3 19 3 6 2 20 1 55 18 3 6 1 19 1 19 ● 3 3 19 3 7 2 20 1 1 1 20 2 56 15 2 4 19 3 8 20 1 2 20 2 6 21 57 10 1 2 1 20 2 6 21 1 21 1 5 58 21 1 21 5 2 21 3 59 21 3 1 22 5 60 22 2

Tabulae quartae , pars prima . 61 62 63 64 65 66 67 68 69 70 1 1 5 1 1 5 2 1 5 3 6 1 1 6 1 1 6 2 1 6 3 1 7 1 7 1 1 7 2 2 3 2 3 1 3 1 2 3 2 3 2 2 3 3 3 3 2 3 4 3 4 2 3 5 3 1 5 3 1 6 2 1 7 1 1 8 1 8 3 1 9 2 1 1 1 1 1 1 1 2 1 3 1 1 2 2 4 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 1 2 9 1 3 5 1 3 6 1 1 3 7 2 1 3 8 3 2 2 1 1 2 2 2 2 3 3 2 5 2 6 1 2 7 2 6 2 1 1 2 2 1 3 2 1 4 2 2 2 6 2 1 7 2 2 1 9 2 2 2 2 2 2 2 2 3 2 2 2 5 7 2 2 6 3 2 2 8 2 2 3 1 2 3 2 2 3 3 3 2 3 5 2 2 3 7 1 2 3 9 3 3 3 2 2 8 3 2 3 4 3 6 3 8 3 1 3 1 2 3 1 4 3 1 6 3 1 8 3 2 9 3 1 7 1 3 1 9 2 3 2 1 3 3 2 4 3 2 6 1 3 2 8 2 3 3 3 3 3 3 3 3 5 1 3 3 7 2 10 3 3 2 2 3 3 5 3 3 7 2 4 4 2 2 4 5 4 7 2 4 1 4 1 2 2 4 1 5 11 4 7 3 4 1 2 4 1 3 1 4 1 6 4 1 8 3 4 2 1 2 4 2 4 1 4 2 7 4 2 9 3 4 3 2 2 12 4 2 3 4 2 6 4 2 9 4 3 2 4 3 5 4 3 8 5 1 5 4 5 7 5 1 13 4 3 ● 1 5 1 2 5 4 3 ●● 5 1 1 1 5 1 4 2 5 1 7 3 5 2 1 5 2 4 1 5 ● 7 2 14 5 1 3 ● 5 1 7 5 2 2 5 2 4 5 2 7 2 5 3 1 5 3 4 2 5 3 8 - 6 1 2 6 5 15 5 2 ● 3 5 3 2 2 5 3 6 1 6 6 3 3 6 7 2 6 1 1 1 6 1 5 6 1 8 3 6 2 2 2 16 6 4 6 8 6 1 2 6 1 6 6 2 6 2 4 6 2 8 6 3 2 6 3 6 7 17 6 1 9 1 6 2 3 2 6 2 7 3 6 3 2 6 3 6 1 7 2 7 4 3 7 9 7 1 3 1 7 1 7 2 18 6 3 4 ● 6 3 ● 7 3 2 7 8 7 1 2 2 7 1 7 7 2 1 2 2 2 6 7 3 2 7 3 5 19 7 9 3 7 1 4 2 7 1 9 1 7 2 4 7 2 8 3 7 3 3 2 7 3 8 1 8 3 8 7 3 8 1 ● 2 20 7 2 5 7 3 7 3 5 8 8 5 8 1 8 1 5 8 2 8 2 5 8 3

Tabulae quartae , pars secunda . 71 72 73 74 75 76 77 78 79 80 1 1 7 3 1 8 1 8 1 1 8 2 1 8 3 1 9 1 9 1 1 9 2 1 9 3 2 2 3 5 2 3 6 3 6 2 3 7 3 7 2 3 8 3 8 2 3 9 3 9 2 1 3 1 1 3 1 1 1 4 1 1 4 3 1 1 5 2 1 1 6 1 1 1 7 1 1 7 3 1 1 8 2 1 1 9 1 1 2 4 1 3 1 1 3 2 1 3 3 1 3 4 1 3 5 1 3 6 1 3 7 1 3 ● 1 3 9 2 5 2 ● 3 2 1 2 1 1 1 2 1 2 2 2 1 3 3 2 1 5 2 1 6 1 2 1 7 2 2 1 8 3 2 2 6 ● 2 6 2 2 2 8 2 2 9 2 2 3 1 2 3 2 2 2 3 4 2 3 5 7 2 3 7 2 3 5 2 3 7 3 4 1 3 6 1 7 3 3 9 2 3 1 1 1 3 1 3 3 1 4 3 3 1 6 2 3 1 3 1 3 2 8 3 2 ● 3 2 4 3 2 6 3 2 8 3 3 3 ● 2 3 3 4 3 3 6 3 3 3 4 9 3 3 5 3 4 2 4 4 1 4 6 2 4 8 3 4 1 1 4 1 3 1 4 1 5 2 4 1 7 3 4 2 10 4 1 ● 2 4 2 4 2 2 2 4 2 5 4 2 7 2 4 3 4 3 2 2 4 3 1 4 3 7 2 5 11 ● 3 5 3 4 3 8 2 5 3 5 3 2 5 6 1 5 9 5 1 1 3 5 1 4 2 5 1 7 1 5 2 12 5 1 3 5 1 6 5 1 9 1 5 2 2 5 2 5 5 2 8 5 3 1 5 3 4 5 3 7 6 13 5 3 3 5 3 4 5 3 7 1 6 2 6 3 3 6 7 6 1 1 6 2 3 2 6 1 6 3 6 2 14 6 ● 2 6 1 2 6 1 5 2 6 1 ● 6 2 2 2 6 2 6 6 2 9 2 6 ● 1 6 3 6 2 7 15 6 2 6 1 6 3 6 3 3 3 6 3 ●● 7 1 1 7 5 7 8 3 7 1 2 2 ● 1 6 1 7 ● 16 ● 4 7 8 7 1 2 7 1 6 7 2 7 2 4 7 2 8 7 3 2 7 3 6 8 17 ● 2 ● 3 ● 2 6 7 3 1 7 ● 4 2 7 3 8 3 8 3 8 7 1 8 1 1 2 8 1 5 3 8 2 18 ● 3 ● 2 8 4 8 ● 2 8 1 3 8 1 7 2 8 2 2 8 2 6 2 8 3 1 8 3 5 2 9 19 ● 1 ● 1 8 2 2 8 2 6 3 8 3 1 2 8 3 6 1 9 1 9 4 3 9 1 2 9 1 5 1 9 2 20 ● 3 ● 9 9 5 9 1 9 1 5 9 2 9 2 5 9 1 9 3 5 10

Tabulae quartae , pars tertia . 61 62 63 64 65 66 67 68 69 70 21 8 1 8 5 2 8 1 3 8 1 6 8 2 1 1 8 2 6 2 8 3 1 3 8 3 7 9 2 1 9 7 ● 22 8 1 5 2 8 2 1 8 2 6 2 8 3 2 8 3 7 2 9 3 9 8 2 9 1 4 9 1 9 2 9 2 5 23 8 3 3 8 3 6 2 9 2 1 9 8 9 1 3 3 9 1 9 2 9 2 5 1 9 3 1 9 3 6 3 10 2 2 24 9 6 9 1 ● 9 1 8 9 2 4 9 3 9 3 6 10 2 10 8 10 1 4 10 2 25 9 2 1 2 9 2 ● 2 9 3 3 3 10 10 6 1 10 1 2 2 10 1 8 3 10 2 5 10 3 1 1 10 3 7 2 26 9 3 6 2 10 3 10 9 2 10 1 6 10 2 2 2 10 2 9 10 3 5 2 11 2 11 8 2 11 1 5 27 10 1 1 3 10 1 8 2 10 2 5 1 10 3 2 10 3 8 3 11 5 2 11 1 4 1 11 1 9 11 2 5 3 11 3 2 2 28 10 2 7 10 3 4 11 1 11 8 11 1 5 11 2 2 11 2 9 11 3 6 12 3 12 1 29 11 2 1 11 7 2 11 1 6 3 11 2 4 11 3 1 1 11 3 8 2 12 5 3 12 1 3 12 2 1 12 2 7 2 30 11 1 7 2 11 2 5 11 3 2 2 12 12 7 2 12 1 5 12 2 2 2 12 3 12 3 7 2 13 5 31 11 3 2 3 12 2 12 8 1 12 1 6 12 2 3 3 12 3 1 2 12 3 9 1 13 7 13 1 4 3 13 2 2 2 32 12 8 12 1 6 12 2 4 12 3 2 13 13 8 13 1 6 13 2 4 13 3 2 14 33 12 2 3 1 12 3 1 2 12 3 9 3 13 8 13 1 6 2 13 2 4 2 13 3 2 3 14 1 14 9 1 14 1 7 2 34 12 3 8 2 13 7 13 1 5 2 13 2 4 13 3 2 2 14 1 14 9 2 14 1 8 14 2 6 2 14 3 5 35 13 1 3 3 13 2 2 2 13 3 1 1 14 14 8 1 14 1 7 2 14 2 6 1 14 3 5 15 3 3 15 1 2 2 36 13 2 9 13 3 8 14 7 14 1 6 14 2 5 14 3 4 15 3 15 2 2 15 2 1 15 3 37 14 4 1 14 1 3 2 14 ● 2 3 14 3 2 15 1 1 15 1 2 15 1 9 3 15 2 9 15 3 8 1 16 1 2 38 14 1 9 2 14 2 9 14 3 8 2 15 8 15 1 7 2 15 2 7 15 3 6 2 16 6 16 1 5 2 16 2 5 39 14 3 4 3 15 4 2 15 1 4 1 15 2 4 15 3 3 3 16 3 2 16 1 3 1 16 2 3 16 3 2 3 17 2 2 40 15 1 15 2 15 3 16 16 1 16 2 16 3 17 17 1 17 2

Tabulae quartae , pars quarta . 71 72 73 74 75 76 77 78 79 80 21 9 1 1 3 9 1 8 9 2 3 1 9 2 8 2 9 3 3 3 9 3 9 10 4 1 10 9 2 10 1 4 3 10 2 22 9 3 2 9 3 6 10 1 2 10 7 10 1 ● 2 10 1 3 10 2 3 2 10 2 9 10 3 4 2 11 23 10 8 1 10 1 4 10 1 9 3 10 2 5 2 10 3 1 1 10 3 7 11 2 3 11 8 2 11 1 4 1 11 2 24 10 2 6 10 3 2 10 3 8 11 4 11 1 11 1 6 11 2 2 11 2 8 11 3 4 12 25 1● 3 3 11 1 11 1 6 1 11 2 2 2 11 2 8 3 11 3 5 12 1 1 12 2 2 12 1 3 3 12 2 26 1● 2 1 2 11 2 ● 11 3 ● 2 12 1 12 7 2 12 1 4 12 2 2 12 2 7 12 3 5 2 13 27 1● 3 9 1 12 6 12 ● 2 3 12 1 9 2 12 2 6 1 12 3 3 12 3 ● 3 13 6 2 13 1 3 1 13 2 28 1● 1 7 12 2 4 12 3 1 12 3 8 13 5 13 1 2 13 1 9 13 2 6 13 3 3 14 29 12 3 4 3 13 2 13 9 1 13 1 6 2 13 2 3 3 13 3 1 13 3 ● 1 14 5 2 14 1 2 3 14 2 30 13 1 2 2 13 2 13 2 ● 2 13 2 5 14 2 2 14 1 14 1 7 2 14 2 5 14 3 2 2 15 31 13 3 1 13 3 8 14 5 3 14 1 3 2 14 2 1 1 14 2 9 14 3 6 3 15 4 2 15 1 2 1 15 2 32 14 ● 14 1 6 14 2 4 14 3 2 15 15 8 15 1 6 15 2 4 15 3 ● 16 33 14 2 5 3 14 3 4 15 2 1 15 1 2 15 1 3 3 15 2 7 15 3 5 1 16 ● 2 16 1 1 3 16 2 34 15 ● 2 15 1 2 15 2 2 15 2 ● 15 3 ● 2 16 6 16 1 4 2 16 2 ● 3 16 3 1 1 17 35 ●5 2 1 15 3 15 3 8 1 16 7 2 16 1 6 1 16 2 5 16 3 ● 3 17 2 2 17 1 1 1 17 2 36 ●5 3 9 16 8 16 1 7 16 2 6 16 3 5 17 4 17 1 3 17 2 2 17 3 1 18 37 ●6 1 6 3 16 2 6 16 3 5 1 17 4 2 17 1 3 3 17 2 3 17 3 2 1 18 1 2 18 1 3 18 ●● 38 ●6 3 ● 2 17 4 17 1 3 2 17 2 3 17 3 2 2 18 2 18 1 1 2 18 2 1 18 3 2 1● 39 17 1 2 1 17 2 2 17 3 1 3 18 1 2 18 1 1 1 18 2 1 18 3 3 19 2 19 1 1 19 2 40 17 3 18 18 1 18 2 18 3 19 19 1 19 2 19 3 20

Tabulae quartae , pars quinta . 61 62 63 64 65 66 67 68 69 70 41 15 2 5 1 15 3 5 2 16 5 3 16 1 6 16 2 5 1 16 3 6 2 17 6 3 17 1 7 17 2 ●● 17 3 ● 2 42 16 2 16 1 1 16 2 1 2 16 3 2 17 2 2 17 1 3 17 2 3 2 17 3 4 18 4 2 18 1 ● 43 16 1 5 3 16 2 6 2 16 3 7 1 17 8 17 1 8 3 17 2 9 ● 18 1 18 1 1 18 2 1 3 18 3 2 2 44 16 3 1 17 2 17 1 3 17 2 4 17 3 5 18 ● 6 18 1 7 18 2 8 18 3 9 19 1 ● 45 17 6 1 17 1 ● 2 17 2 8 3 18 ● 18 1 1 1 18 2 2 2 18 3 3 3 19 5 19 1 ●● 19 2 7 2 46 17 2 1 2 17 3 3 18 4 2 18 1 6 18 2 7 2 18 3 9 19 1 2 19 2 2 19 3 3 2 20 5 47 17 3 6 3 18 ● 2 18 2 1 18 3 2 19 ● 1 3 19 1 5 2 19 2 7 1 19 3 ● 20 1 3 20 2 2 2 48 18 1 1 18 2 4 18 3 6 19 8 19 2 19 3 2 20 4 ● 20 1 6 20 2 8 2●● 49 18 2 7 1 18 3 ● 2 19 1 1 3 19 2 4 19 3 6 1 20 ● 2 20 2 3 20 3 3 21 5 1 21 1 7 2 50 19 2 2 19 1 5 19 2 7 2 ●0 20 1 2 2 20 2 5 20 3 7 2 21 1 21 2 2 2 21 3 5 52 19 1 7 3 19 3 2 20 3 1 20 1 6 20 2 8 3 21 1 2 21 1 4 1 21 2 7 21 3 ● 3 22 1 2 2 52 19 3 3 20 6 20 1 9 20 3 2 21 5 21 1 8 21 3 1 22 4 22 1 7 22 3 53 20 8 1 20 2 7 2 20 3 4 3 21 8 21 2 1 ● 21 3 4 ● 22 7 ● 22 2 1 22 3 4 1 23 ● 2 54 20 2 3 2 20 3 7 21 1 2 21 2 4 21 3 7 ● 22 1 1 22 2 4 ● 22 3 5 23 1 1 2 23 2 5 55 20 3 8 3 21 1 2 2 21 2 6 1 22 22 1 3 3 22 2 7 3 23 1 1 23 1 5 23 2 8 3 24 1 2 56 21 1 4 21 2 8 22 2 22 1 ● 22 3 23 4 23 1 8 23 3 2 24 6 24 2 57 21 1 9 1 22 3 2 22 1 7 3 22 3 2 23 6 1 23 2 2 23 3 4 3 24 9 24 2 3 1 24 3 7 2 58 22 4 2 22 ● 9 22 3 3 2 23 8 23 2 2 2 23 3 7 24 1 ● 2 2● 2 6 25 2 25 1 5 59 22 1 9 3 22 3 4 2 23 9 1 23 2 4 23 3 8 3 24 1 3 2 24 2 8 1 25 3 25 1 7 3 25 3 2 2 60 22 3 5 23 1 23 2 5 24 24 1 5 24 3 25 5 25 2 25 3 5 26 1

Tabulae quartae , pars sexta . 71 72 73 74 75 76 77 78 79 80 41 18 ● 3 18 1 8 18 2 8 1 18 3 8 2 19 8 3 19 1 9 19 2 9 1 19 3 9 2 20 9 3 20 2 42 18 2 5 2 18 3 6 19 6 2 19 1 7 19 2 7 2 19 3 8 20 8 2 20 1 9 20 2 9 2 21 43 19 3 1 19 1 4 19 2 4 3 19 3 5 2 20 6 1 20 1 ● 20 2 7 3 20 3 8 2 21 9 1 21 2 44 19 2 1 19 3 2 20 3 20 1 4 20 2 5 20 3 6 21 7 21 1 ● 21 2 9 22 45 19 3 8 3 20 1 20 2 1 1 20 3 2 2 21 3 3 21 1 5 21 2 6 1 21 3 ● 2 22 8 3 22 2 46 20 1 6 2 20 2 8 20 3 9 2 21 1 1 21 2 2 2 21 3 4 22 5 2 22 1 7 22 2 8 2 23 47 20 3 4 1 21 6 21 1 7 3 21 2 9 2 22 1 1 22 1 3 22 2 4 3 22 3 6 2 23 ● 1 23 2 48 21 1 2 21 2 4 21 3 6 22 8 22 2 22 3 ● 23 4 23 1 6 23 2 ● 24 49 21 2 9 3 22 2 22 1 4 1 22 2 6 2 22 3 8 3 23 1 ● 23 2 3 1 23 3 5 2 24 7 3 24 2 50 22 ● 2 22 2 22 3 2 2 23 5 23 1 7 2 23 3 24 2 2 24 1 5 24 2 7 2 25 51 22 2 5 1 22 3 8 23 1 3 23 2 3 2 23 3 6 1 24 9 24 2 1 3 24 3 4 2 25 7 1 25 2 52 23 3 23 1 6 23 2 9 24 2 24 1 5 24 1 8 25 ● 1 25 1 4 25 2 7 26 53 23 2 1 23 3 4 24 2 1 24 2 2 24 3 3 3 25 1 25 2 1 25 3 3 2 26 6 3 26 2 54 23 3 ● 2 24 1 2 24 2 5 2 24 3 ● 25 1 2 2 25 2 6 25 3 ● 2 26 1 ● 26 2 6 2 27 55 24 1 6 1 24 3 25 3 3 25 1 ● 2 25 3 1 1 26 5 26 1 8 2 26 3 2 2 27 6 1 27 2 56 24 3 4 25 8 25 2 2 25 3 6 26 1 26 2 4 26 3 8 27 1 2 27 2 6 28 57 25 1 1 3 25 2 6 26 1 26 1 4 2 26 2 9 3 2●● 3 27 1 1 1 27 3 1 2 28 5 3 28 2 58 25 2 ● 2 26 4 26 1 8 2 26 3 3 27 7 2 27 2 ● 27 3 6 2 28 1 1 28 2 9 2 29 59 26 7 1 26 2 2 26 3 6 3 27 1 1 2 27 2 6 1 28 1 28 1 5 3 28 3 2 29 ● 1 29 2 60 26 2 5 27 27 1 5 27 3 28 5 28 2 28 3 5 29 1 29 ● 5 30

Tabulae quartae , pars septima . 61 62 63 64 65 66 67 68 69 70 61 23 1 1 23 2 5 2 24 3 24 1 6 24 3 1 1 25 6 2 25 2 1 3 25 3 7 26 1 2 1 26 2 7 2 62 24 1 24 1 6 2 24 3 2 25 7 2 25 2 3 25 3 8 2 26 1 4 26 2 9 2 27 5 63 24 3 2 1 25 8 25 2 3 3 25 3 9 2 26 1 5 1 26 3 1 27 6 3 27 2 2 2 64 25 2 4 26 26 1 6 26 3 2 27 8 27 2 4 28 65 26 1 6 1 26 3 2 2 27 8 3 27 2 5 28 1 1 28 1 7 2 66 27 9 27 2 5 2 28 2 28 1 8 2 28 3 5 67 28 2 1 28 1 9 28 3 5 3 29 1 2 2 68 28 3 6 29 1 3 29 3 69 29 3 1 30 7 2 70 30 2 5

71 72 73 74 75 76 77 78 79 80 61 27 2 3 27 1 8 ● 27 3 3 1 28 8 2 28 2 3 3 28 3 9 29 1 ● 1 29 2 9 2 30 ● 3 30 2 62 27 2 2 27 3 6 28 1 1 28 2 7 29 2 2 29 1 ● 29 ●● 2 30 ● 32 2 ● 2 31 63 27 3 8 1 28 ● 4 28 2 4 3 29 5 2 29 2 1 1 29 3 ● 30 1 ● 3 30 2 ● 2 31 4 1 31 2 64 28 1 6 28 3 2 29 3 29 2 4 30 30 1 ● 30 3 ● 31 5 31 2 ● 32 65 2● 3 3 3 29 1 ● 29 2 ● 1 30 2 2 30 1 ● 3 30 3 5 31 1 1 1 31 2 ● 2 32 3 2 32 2 66 29 1 1 2 29 2 ● 30 4 2 30 2 1 30 3 5 2 31 1 4 31 3 2 32 ● 32 2 ● 2 33 67 29 2 9 1 30 6 30 2 2 3 30 3 4 2 31 1 6 1 31 3 ● 32 ● 3 32 2 6 2 33 ● 1 33 2 68 30 7 30 2 4 31 1 31 1 ● 31 3 5 32 1 1 32 2 ● 33 ● 33 2 3 34 69 30 2 4 3 31 2 ● 30 1 9 1 31 3 6 2 32 1 3 3 32 3 1 33 ● 1 33 2 5 2 34 2 3 34 2 70 31 2 2 31 2 31 3 ● 2 32 1 5 32 3 2 2 33 1 33 3 ● 2 34 ● 34 2 2 2 35 71 3 2 1 31 3 ● 32 1 5 3 32 3 ● 2 33 1 1 1 33 2 ● 34 6 3 34 2 4 2 35 2 ● 35 2 72 32 1 6 32 3 4 33 1 2 33 3 34 8 34 2 6 35 4 35 2 ● 36 73 33 1 2 1 33 3 2 34 8 3 34 2 7 35 5 1 35 2 3 2 36 1 3 36 2 74 34 9 34 2 7 2 35 6 35 2 4 2 36 3 36 1 2 37 75 35 6 1 35 2 5 36 3 3 36 2 2 2 37 1 1 3● 2 76 36 4 3 2 3 37 2 37 2 1 38 77 37 2 1 37 2 1 2 38 3 38 2 78 38 1 38 2 2 39 79 39 1 39 2 80 40

Bay .

Surely this is a necessarie booke for him that is imployed in matters of great quantitie . For if it should bee all cast vp with the pen , it would aske much labour , and waste much paper : and yet I know , Countrey land measurers will cast by memory . simple Countrey fellowes will cast it vp very spéedily , euen by their memories , by money ; as one penny to a Perch , foure perches to a day-worke ▪ ten day-workes one Roode , foure Roode one Acre , thrée shillings foure pence , is fortie pence , and forty Perches , one Roode , one hundred & thréescore pence , make thirtéene shillings and foure pence , or a Marke of money , Casting by the parts of money . and one hundred and thrée score Perches one Acre . So that twenty pound makes thirtie Acres , fortie pound threescore Acres , a hundred pound one hundred and fiftie Acres ; and so forth . But this kinde of casting is troublesome , when it riseth to great portions , and many parcels . And therefore for my part , I could willingly imbrace these tables for my ease , and leaue this accompt by money , vnto such as haue not the vse of learning to ayde their memories .

Sur.

I haue obserued , that many vnlearned men haue better and more retentiue memories , then haue some Schollers .

Bay .

So haue I noted , and I know some , All Schollers haue not best memoryes . that will by memorie do very much , and no doubt , the reason is , because Schollers doe commit their memories to the pen ▪ where such as haue not the vse of the pen , must vse the memorie only , which being fed with continuall pondering the things they delight in , becomes as a Calender of their accounts . Admirable memories of some great persons . King Cirus could name al his souldiers by memory . And Pliny reporteth of Methridates , that hauing vnder his gouernment 22. kingdomes , or nations , could speake all their languages , and vnderstand any tongue without an interpreter . And Scipio could remember the names of the soldiours of all the Romane armie .

Sur.

Vse memory , & haue the vse of memory , either Schollers or vnlearned ; if they vse not their memories , they can make little vse of their memories . On the other side , he that imprinteth too many things in his memory , shal , & some haue oftentimes wished , Some would forget , and cannot . they could not remember so well , & that they had the art of forgetting , to cleare the memory of that they would not retaine in memory : for many t●mes a fresh & free memorie heapeth vp so many things in his thought , that it breedeth such confusion , that what it should indeed retaine , is often confounded with that which it would forget .

Bay .

I wish therefore that my memorie could retaine according to occasion , to forget things whereof I haue no necessarie vse , and to remember things expedient : yet surely , although the thought can apprehend but one obiect at one instant , the memorie may well apprehend and retaine many things . But Sir , omitting this , I entreat you to shewe mee the vse of these Tables which you haue shewed me .

Sur.

The vse is very plain & easie : propound you a number of perches , The vse of the former Tables . the length & bredth of a ground .

Bay .

If a péece of ground be in length fiftie two Perches , and in bredth twenty sixe , where , and how shall I finde the content in the Tables ?

Sur.

Looke the third Table , the fourth part of the Table , in the vpper ranke , whereof in the third Collum , you shall finde 52. then looke in the first Collum for 26. then referre your finger and eye towards the right hand , till you come right vnder 52. and that square answeres the content to be thus

Bay .

What meane you by making the figures in the angles of the square ?

Sur.

Because the 4. angles doe demonstrate the acres & parts of an acre . The vpper angle on the left hand sheweth the Acres , the vpper angle on the right hand , the roodes ; the lower angle on the left hand , the day works , and the lower angle on the right hand , the odde perches .

Bay .

This is very easie . But I sée there are no figures in the 2. angles on the right hand , neither aboue nor below .

Sur.

When it falleth so out , that there are none of the denominations found in the number , then his place is left blanke .

Bay .

Then this abouesaid quantitie is 8. acre and 5. day-works , which is twenty perches , and twenty perches is ½ Roode .

Sur.

You are right .

Bay .

Then if the number of perches bee lesse , I must seeke them in the lesser Tables ; if greater , in the greater .

Sur.

You must do so .

Bay .

Yet there resteth one scruple in my mind , which if it should happen before I bee resolued , would breed a great doubt , and therefore I am bold to aske it . That is , if the length of a ground be more perches , then is expressed in any of the Tables , how shall I find it , when no Table reacheth so farre ? How to finde the quantity , when the number of perches exceede any table in the booke .

Sur.

You doe well to cast all doubts . If the length be more then the tables will yeeld , whereof indeed the most is foure score perches : Take first 80. perches out of the whole summe , and then seeking the bredth in the Table as before is shewed , you shall finde the content of that part . Then if the bredth be more then the remanent of the length let the bredth bee the length , and the remanent of the length , the bredth . And seeke them likewise in the Tables , and what ariseth of both the numbers , adde together : As for example : A ground is 119. perches in length , and 67. in bredth : the whole length is not in the Tables to bee found ▪ then I find 80. and that is the length , and 67. the bredth , which the Table sheweth to be 33-2-0-0 . There remaineth of the whole length 39. which is a lesser number then the bredth : therefore I make 39. the bredth , and 67. the length , which the Table sheweth to bee 16. 1-3-1 . which added to the first number 33-2-0-0 . maketh in the whole 49-3-3-1 .

Bay .

I sée , this Table will serue for the finding of the quantitie of any summe , and I doe vnderstand it well . But I pray you what Table is that you haue here ?

Sur.

A necessarie Table for some purposes . It sheweth how to lay out a iust Acre of land , the length , or bredth being giuen .

Bay .

Indéede it is a necessarie Table : for euery man can not vpon the suddaine : for I take , it is very hard without Arithmeticke , to lay out a iust acre to euery length or bredth .

Sur.

This can indeed hardly be done by gesse , it requireth arte .

Bay .

This is the Table , I pray you shew me the vse of it .

Bredth . Length of an Acre . Perches broade . Perches long , and their parts . Feete , & their parts . 1 160 2 80 3 53 ¼ 1 ½ 4 40 5 32 6 26 ½ 3 7 22 ¾ 1 11/12 8 20 9 17 ¾ 6 10 16 11 14 ½ 9 12 13 ¼ 1 ½ 13 12 ¼ 1 14 11 ¼ 3 15 10 ½ 3 16 10 17 9 ¼ 2 ●/12 18 8 ¾ 1 19 8 ¼ 3 20 8

Bredth . Length of an Acre . Perches broad . Perches long , & their parts . Feete , & their parts . 21 7 ½ 2 2/12 22 7 ¼ ●/12 23 6 ¾ 3 2/12 24 6 ½ 2 8/12 25 6 ¼ 2 6/12 26 6 2 7/12 27 5 ¾ 3 28 5 ½ 3 29 5 ½ 4/12 30 5 ¼ 4/12 31 5 2 7/12 32 5 33 4 ¾ 1 8/12 34 4 ½ 3 4/12 35 4 ½ 1 2/12 36 4 ¼ 3 2/12 37 4 ¼ 1 3/12 38 4 3 5/12 39 4 1 8/12 40 4

Bredth . Length of an Acre . Perches broade . Perches long , and their parts . Feete , & their parts . 41 3 ¾ 2 7/12 42 3 ¾ 1 ⅓ 43 3 ½ 3 ●/12 44 3 ½ 2 ¼ 45 3 ½ 11/12 46 3 ¼ 3 7/12 47 3 ¼ 2 ½ 48 3 ¼ 1 ⅓ 49 3 ¼ ¼ 50 3 3 1/6 51 3 2 ¼ 52 3 1 ¼ 53 3 ⅓ 54 2 ¾ 3 3/12 55 2 ¾ 2 ●/12 56 2 ¾ 1 9/12 57 2 ●/4 11/12 58 2 ●/4 1/6 59 2 ½ 3 5/12 60 2 ½ 2 ⅔

Bredth . Length of an Acr● ▪ Perches broade . Perches long , and their parts . Feete , & their parts . 61 2 ½ 2 1/6 62 2 ½ 1 ⅓ 63 2 ½ 2/3 64 2 ½ 65 2 ¼ 3 5/12 66 2 ¼ 2 1●/15 67 2 ¼ 2 ¼ 68 2 ¼ 1 2/3 69 2 ¼ 1 1/6 70 2 ¼ 7/12 71 2 ¼ 1/12 72 2 3 ⅔ 7● 2 3 ¼ 74 2 2 ⅔ 75 2 2 2/6 76 2 1 ⅔ 77 2 1 ⅓ 78 2 11/12 79 2 ⅓ 80 2

Sur.

The vse of this Table is onely to bee required , when a man is suddenly to set foorth an acre of land lymited in length or bredth , how far it shall extend . As for example . There is a peece of land containing many acres , and there are to be set out of this 1 2 , 3.4 . or more acres . First , the length must be considered . If the length be 77. perches : finde that in the first Collum of the Table , and right against it , you shall finde the bredth to be two perches , 1. foot , 4. inches , which maketh an acre .

Bay .

But where you say , I shall finde the length in the first Collum of the Table , it is in the head of the Collum noted for the bredth .

Sur.

It is so in deed : for that Collum may bee reputed to containe both the length and bredth .

Bay .

How can that be ?

Sur.

Vntill the bredth do exceed the length , it may be saide the Collum of bredth . But when the bredth surmounteth the length , the length may be said the bredth .

Bay .

I vnderstand you : reason will obserue that , without serious instruction . But this Table , I see , extendeth but to the length and bredth of one acre : if a man bee occasioned to lay out more , he is as farre to seeke , as if he had no Table at all .

Sur.

Not so : for if you obserue it , you are to double , treble or quadreble , the length or bredth , as you haue occasion . As for example : How to lay out many acres by the former Table . If you would lay out 3. Acres , and admit your length be 48. perches , which to make one Acre , is to haue in bredth 3. perches , and a quarter , 1. foote and foure inches , which three perches , ¼ 1. foote , and ⅓ being taken three times , make nine perches , ¾ and foure foote . And thus of length and bredth , how many Acres so euer are to be set out .

Bay .

I see in déed , this Table may serue by due obseruation for the laying out of any quantitie . But now Sir , there is one thing which wil breed some difficulty : Perches dyuers in diuers Countreys . for the difference of the quantities of Acres , is great in diuers Countries , by the custome of the Countryes ▪ for by the custome of some Countryes , their measure is 24. foote to the Pole , in some 20. in some 18. and yet the statute alloweth onely 16 ½ foote .

Sur.

You say truely . Yet , when a Surueyor vndertaketh to lay out the land in any of these , he is to measure it by the standard chaine : that is , by the chaine of 16 ½ foote .

Bay .

But the Country people , peraduenture will be obstinate , & will haue the custome measure , because they will haue the content of their land seeme the lesse : and so shall they rent their ground the more easily , hauing it by the greater measure .

Sur.

That is but a conceit that they shal haue it the cheaper : for admit that an acre were as big as the Cornish acre , A Cornish Acre . neere 140. statute Acres : will any man thinke a Lord or his officers so simple as to grant the same , because it hath but the name of an acre , as he would let the statute Acre ? It is nothing to the Lord what measure they take : The great or small measure all one to the Lords . ●ood measure . for he must , & will apportion the price , according to the quantity and qualitie , bee the Acre great or little .

Bay .

But woods are alwayes measured with the Pole of 18. foote .

Sur.

It is as the Buyer and Seller agreeth : for there is no such matter decreed by any statute , neither is any bound of necessitie .

Bay .

Why is it then in vse 〈…〉

Sur.

I take it , Why woods are measured with the 18 foote pole . 〈…〉 they are they that are thus measured for 〈◊〉 they haue in many places ▪ sundry void places & g●lles , wherein groweth little or no wood , or very thin . And to supply these defects , the buyer claymeth this supply by measure .

Bay .

The difference is but a foote , and ½ in a pole , which is nothing .

Sur.

Yes , it is some thing , Great difference betweene the 18. and 16 ½ pole . Whence an Acre taketh name . for in euery 5 ½ Acre , it gayneth aboue an Acre ▪

Bay .

So might I haue béene deceiued . For truely , I did not thinke it had gotten so much . But I pray whence is the word Acre deriued ?

Sur.

As I take it , from the Latine word , Actus . A deede : a dayes worke of a plowe , in tilling the ground .

Bay .

It may be so . For a plow will ayre an Acre a day .

Sur.

We reade in 1. Sam. 14.14 . that halfe an Acre of land was as much as 2. oxen could plow ; And that is it which the Burgundians ; & others in France doe call Iournaux , which I take , is as much as Ingerum in Latine , which containeth as much , as two Oxen or Horse can till in a day : in length 240. foote , and in bredth 120. which seemeth neere to agree with our Acre .

Bay .

We haue 4. or 5. horses , or 2 or 3. yoke of Oxen to till an Acre a day , where the former Ingerum hath but 2. But the French haue another kinde of Acre , which they call an Arpent , An Arpent , or French Acre . which amongst them differeth in quantity , as ours doe differ in seuerall kindes of Poles : And their Arpent is 100. Pole , howsoeuer the Poles do differ . One Pole they haue , which containeth 22. foote , and that is called The Kings Arpent , The kings Arpent . and vsed most in measuring of 〈◊〉 : another of 20 foote , another of 19 ⅓ foote , another of 18. foote . So that in deede , their Arpent doth little differ in his seuerall quantitie , from our Acre .

Sur.

I obserue one thing by the way , because you speake of the Kings Arpent in France , and other measures there . I haue seene in ancient Records , and bookes of Suruey of great antiquitie , which doe shewe , that the Lords demeisnes were measured with a Pole of 20. foote , which was called maior mensura , Maior & minor mensura . & the customary by a Pole , called mensura minor : which I take to bee but 16 8/2 foote , though in some places the Tenants claime the 18. foote Pole .

Bay .

Then , let me aske you another question : You shall shortly come into a Mannor of my Land-lords , where the Copyes doe speake of an Acre ware , or warr : which I neuer could finde , or heare what it truely meant , nor what quantity it containeth . But the Tenants make good vse , in their conceites , of the name : for vnder that title , they will carry away 2.3.6.10 . Acres , though they lie in 20. parcels , it is all but an Acre warr : and yet I haue séene some , vnder that title not 3. Roodes of ordinary measure . Howe comes it to passe , thinke you ?

Sur.

To speake truely , I cannot precisely tell you : for I haue seene the like , especially in Suff. Norff. and Essex : But as I coniecture , it is a measured acre , as an Acre by warrant . Acre warre , an approued Acre : and the true sence being lost by time , they make it like a finger of waxe , to drawe it more or lesse , as will best serue their purpose .

Bay .

I haue also séene Land , vnder the name of Molland , Molland . and I haue heard much disputation about the etimon of the word : Some holde it to be de Mollendo , of custome grinding at the Lords mill . Some otherwise , and leaue it vncertaine .

Sur.

There is no difficultie in it : Molland and Fenland contrary . for Molland is vp-land , or high ground , and the contrary is Fenland , low ground , a matter ordinary , where they vse to distinguish betweene these two kindes . But we will leaue these ambiguous words , and so take my leaue , and betake me to my taske .

Bay .

Sir , I will not be troublesome vnto you : onely , when you haue cast vp your particulars , and finished your businesse of this Suruey , I wil bee bold to trouble you againe , to sée what euery man holdeth , and the value both of the customary leased lands , and the Lords demaynes . May I be so bold ?

Sur.

It is a thing which I seldome consent vnto ; for I must tell you this , A Surueyor must be secret for his Lord . he is no true Surueyor for the Lord , that will make the same knowne to strangers . I haue vndertaken the busines for the Lord , not for strangers : And as he putteth me in trust , so will I bee secret in these things , & therefore I pray you in this pardon me .

Bay .

You shewe me reason , and I was too rash . But by your leaue , how shall the Iurie giue their allowance to your doings ( as you say , you will acquaint them with them ) vnlesse you deliuer euery particular playnly ?

Sur.

You must thinke , there are some things which may be publique , as the names of grounds , the owners , their estates , buts , bounds , & such like , & their answers to the Articles ; And some things priuate , & to be concealed , as the quantities , and supposed yeerely values . These are for the Lord .

Bay .

I thought I should haue seene the whole method of your collections and obseruations , to the end , that seeing I haue waded thus farre into the Art , I might be somewhat instructed , how to haue marshialed and ingrossed my Booke , when such a worke were done .

Sur.

Euery man in that case , may vse his owne method : yet if you bee desirous to see an exact course , in that kinde , I must referre you to the most commendable worke of Master Valentine Leigh , M. Leas booke of Surueying . whom in that if you imitate , you shal tread the right way to the marke .

Bay .

Then , I shall onely rema●●● thankefull vnto you , for your patience , and puyn●● : and bee studious euermore , to doe you any seruice .

Sur.

I thanke you , I haue a desire to haue some communication with you , when I haue past ouer this little worke in hand .

Bay .

Willingly , Sir , I will giue my diligent attendance . But I pray you , Sir , in what especially do you purpose to conferre wi●h me ? to pose me , I feare , whether I haue forgotten that you taught me .

Sur.

Not so : but you being Bayly of this Mannor ( about which I haue , as you see , taken a serious perambulation ) haue not , as I perswade me , bene so carefull & prouident for the Lords profit , as you may : for there bee diuers grounds , which good and industrious husbandry would be much bettered , as I will tell you further , at our next leasurable meeting . For this time , fare you well .

The end of the fourth Booke .

The Surueyors Dialogue , shewing the different natures of grounds , how they may be imployed , how they may be bettered , reformed , and amended . The fifth Booke . Bai.

I Perceiue , Sir , you are now at some leasure , you are walking abroad to take the ayre , after your long and tedious sitting , & I thinke indéed you are wearie .

Sur.

I am somewhat wearie : but a man that vndertaketh a businesse , must apply it , and not be wearie , or at least , not to seeme to be so .

Bai.

But me thinkes , you apply it too hard , you might sometimes ease you , and giue your selfe to some game for recreation .

Sur.

They that are idle , may take their pleasures in gaming : Labour that lawfully gets is a game of delight . but such as are called to liue by their labors , and haue a delight therin , & ( as all men ought ) take pleasure , and thinke it a pleasing sport , to get meanes by their lawfull labors to liue .

Bai.

You say truth indéed : for the old Prouerbe is , Dulcis labor cum lucro . But I pray you , whither walke you ?

Sur.

Into this next peece of ground .

Bai.

Nay , it is an ill ground to walke in : for it is full of bogges , a very moorish plot , ouercome with wéedes , and indeed , is of no vse .

Sur.

I therefore go to see it , and worthily to attach you the Lords Baily , of remisnesse & negligent looking vnto the Lords profit , suffering such a peece of ground as this , to lye idle and waste , and to foster nothing but bogges , Sedges , Flagges , Rushes , and such superfluous and noysome weedes : where , if it were duly drained , and carefully husbanded , it would make good meddow in short time .

Bayly .

I thinke that impossible : for there be many such plots you see in this leuell , and in many mens occupations , and some of them thinke themselues good husbands , I can tell you : and they sée , that it is a matter of difficulty and charge , and therfore they thinke , and so do I , that it is to no purpose to begin to amend it .

Sur.

I thinke they haue more land , then they , or you haue experience how to conuert to best vse , they their owne , and you your Lords .

Bayly .

If you be so skilfull , I pray tell me for the Lords profite , how it may be amended .

Sur.

If you be ignorant how to amend it , and simply desire to learne , it were a fault in me to conceale from you the meanes how to do it . But if you be carelesse or wilfull , it were good to leaue you in your ignorance , and to informe the Lord of your vnfitnesse , that a more skilfull might take the place .

Bayly .

That is the woorst that you can do . But I trust I may be a Bayly good inough , & yet want one part of that , which my place requireth to perform● .

Sur.

Euen as well as a horse may be said to trauell well inough , and yet lacke one legge .

Bai.

I would be sorie , that comparison should hold : for than I could not but confesse , that I were a same officer , as there be in other kinds , ●uen of your owne profession many . But , I am not onely not wilful , but I am willing to learne : and I do not thinke any man so absolute in his place and calling , but he may learne some point of his function , if at least he will confesse his owne imperfections . Al men may learne .

Sur.

Whether he verbally confesse them or not , the execution will bewray them , and the world will obserue them in him . And therefore it behooueth all such as vndertake , and enter into any office or function , to examine the duties appertaining to such an office : and finding his fitnesse or vnfitnesse , to performe it : so to leaue or take , ( though few stagger at any : ) If his abilitie be weake , reason and duty may moue him to seeke expedient knowledge , lest he shame himselfe , and slander the place he is in . And therefore I wish you to aske aduice , not onely in this case , but in all other belonging to your charge . For as it is commendable to know more and more : so is it no shame to aske often .

Bay .

I pray you then tell me , Sir , how must this péece of ground be handled , to be made meddow ( as you say it will be made ) or good pasture .

Sur.

It must be drained .

Bayly .

If that be all , I thinke , I can say it is to little purpose : for I haue made trenches to that end , as you may sée where and how . But it became little or nothing the better , and therefore I thinke , cost will be but cast away vpon it .

Sur.

It is a true Prouerbe : Ignorance enemy to art Ignorance is an enemy to art and experience . What you did , it may be , you had good will to do the Lord seruice in it : but the course you tooke , was not in the right kind . It is not enough to make such ditches , as appeareth you haue done , they are too few & too wide . Neither did you rightly obserue the fall of the water .

Baylie .

That were hard to be done in such a place as this , where the water hath no fall at all , neither is the water séene much , as you sée , but it is the moistnes of the earth , that ●arres the land .

Sur.

But the moisture comes by water , and the water is swallowed vp in this spung●e ground , and lyes vnseene : ye● if you marke it well , you may obserue , which way it re●les : for as you see , though this plot of ground be very leuell in apparence , yet if it were tried by a true leuell , it would be found declining towards yonder forlorne brooke , which you see is stop● vp with weedes , that i● permitteth not the water conuenient passe . Therefore the first worke is , to rid the sewer or chiefe water-course , and then shall you see , that the grounds neere the cleansed brooke , will become more drie , by the moisture soking into the sewer : then make your other draines , vsing discretion therein , namely , in cutting them streight , from the most boggie places , to the maine brooke , euery of them as it were paralelly : then cut you some other draines sloping , which may carry the water into these first draines , which againe will conuey it into the maine .

Bayly .

You see the ditches that I made , they were broade enough and deepe , fit to conuey much water , yet they did no good : can you prescribe a better forme ▪

Sur.

Your ditches , for the forme , were too broad , and ( as it seemes ) too deepe , and that makes the water to stand in them , and being broad aboue , and narrow in the bottome , makes the loose earth to fall in and choake the ditch . But if you will make profitable draines , you must first obserue , how the water will runne in them : for so will it appeare presently , and to make them as narrow aboue , as at the bottome , which at the most must not be aboue one foot and a halfe broad● , and the crust of the earth will hold , that the earth fall not in againe . So will it in short time make it appeare , that the moisture will decay , and the grounds become more drie , and as it becomes , freed of the superfluous moisture : so wi●l the weedes that are nourished by it , beginne to wither , as they are depriued of their nouriture , which is too much water , which breedeth too much cold : Cold ground breedes weedes . and too much cold is the life of such weeds as increase in this ground : and therefore the weedes should be often cut downe in the spring time , and by that meanes they will consume , and better grasse come in their steade : and the better , if cattle feed the ground , vpon the draining , as bare as may be .

Bayly .

But the ●raines you speake of , may be dangerous for cattle , especially for shéepe and lambes .

Sur.

Not , if they be kept alwaies cleansed , and open , that sheepe and cattle may see them : Bridges ouer draines . for the bigger sort may steppe ouer them , and the lesser may haue little bridges of the same crust , by vndermining the earth some three or foure foote , that the water may passe vnder .

Bail .

Indéed , if the crust of the earth will hold it , this course is necessary . But there is much land in England lost for want of draining , as the Fennes and low grounds in Lincoln-shire , Cambridg-shire , The Fennes . Northfolke , and other places , which I did thinke impossible euer to be made dry ▪ by the art or industry of man . And yet as I heare , much of it is made lately firme ground ,

Captaine Louell .

M. William Englebert .

by the skill of one Captaine Louell , and by M. William Englebert an excellent Ingenor . And truly it is much to their owne commendation , and to the common good of the inhabitants néere . But these grounds are not drained by such meanes as you speake of .

Sur.

Indeed , the draines are of vnlike quantitie , but like in qualitie : one and the same rule of reason doth worke both the one and the other . But to say truly vnto thee , the people of those countries ( especially the poorer sort ) where this kind of publike benefite is thus gotten , had rather haue the want by their Fathers error , then to reape good , and more plenty by other mens art and charge . And in their conceits they had rather catch a Pike , then feede an Oxe .

Bayly .

They are either very vnwise , or very wilful . But ( no doubt ) authority is aboue such country wilfulnesse , and doth or may inioyne them , for the common weale , to consent and yeeld all ayde in the businesse . But if they will needes fish and foole , and refuse rich reléefe , we will leaue them to their wils , till reason in themselues , or compulsion bring them to a more generall desire of so great a blessing .

Sur.

Let it be so : What Alders are in the next ground ?

Baylie .

They are the Lords too , Sir : but the ground is so rotten , that no cattle can féed in it .

Sur.

The Alder treee enemy to al grounds The Alder tree is enemy to all grounds where it growes : for the root thereof is of that nature , that it draweth to it so much moisture to nourish it selfe , as the ground neere it , is good for no other vse .

Baily .

Do you thinke this ground would be good , if the trées were gone ?

Sur.

Yes : for commonly the ground is good enough of it selfe , onely it is impaired by this kind of wooe : and therefore if the cause were taken away , the effect would die .

Bayly .

Then will I cause them to be stocked vp .

Sur.

Nay , first it behooueth you to consider , whether it be expedient or not : for although this tree be not friendly to pasture , meddow , or arable land , yet it yeelds her due commodity too , without whose ayde , in some places where other wood is scant , The Ald●r necessary for many purposes . men can hardly husband their lands without this . For of it they make many necessary implements of husbandrie , as Ladders , Rayles , Hop poles , Plow-stuffe , and Handles for many tooles , besides fiering .

Bayly .

If it be so commodious , it is not onely not good to stocke them , but expedient to cherish them , and where none are , to plant .

Sur.

There is great difference betweene necessitie and the super abundance of euery necessarie . Necessity a commander . For want is a great commander , & inforceth oftentimes : and in many places they desire and search for that , which will in the time of plentie meerely neglecteth . And therefore where none of this kind of wood groweth , ( the place destitute of other meanes , and fit for this kind of commoditie ) wil may be forced to giue place to occasion : as in other things .

Bayly .

I haue heard , that this kind of wood is also good to make the foundations of buildings , in riuers , fennes , and standing waters , as also piles for many purposes in moorish and wet grounds .

Sur.

It is true : this kind of wood is of greater continuance in watry places , then any other timber : Alder good to make piles for it is obserued , that in these places it seldome or neuer rots .

Bayly .

It loued the water and moisture well in growing , and therefore it brooketh it the better , being laid in it . Firre tree lien in the ground since the floud . But I thinke the Firre-tree is much or the same nature : for I haue seene infinite many of th●m , taken out of ●he earth in a moorish ground in Shropshire , betweene the Lordships of O●westry , and Elsemere , which ( as is supposed ) haue lien in the moist earth euer since the Floud , and being da●ly taken vp , the people make walking-staues & pikes of them , firme and strong , and vse the chips in stead of candles in poore houses : so fat is the wood to this day , and the smell also strong and swéet .

Sur.

I know the place well , where I saw pales made of an Oke taken out of the same ground , of the same continuance , firme and strong , blacke as Ibony , and might haue fitly bene employed to better vses : and I take it , that most wood will last long vnder the earth , where it neuer taketh the open ayre . But the wood now most in vse for the purposes abouesaid , is Alder and Elme .

Bayly .

May a man sow the séedes of the Alder ?

Sur.

Alder hath no seede . It beareth a kind of seed , yet some haue affirmed the contrarie . But the seeds will hardly grow by art , though by nature they may . The branches of the tree and the rootes , are aptest to grow , if they be set so , as the water & moisture may be aboue the plant : for it delighteth only in the moistest grounds . Is not this next close the Lords , called Broad-meddow ?

Bayly .

It is for I perceiue you haue a good memory being but once , and to long since , vpon the ground .

Sur.

It is most necessary for a Surueyor to remember what he hath obserued , and to consider well the natures and qualities of all kinds of grounds , and to informe the Lord , of the meanes how to better his estate by lawfull meanes , especially in bettering his own demeisnes . So shall he the lesse need to surcharge his tenants by vncharitable exactions . And forasmuch as of all other grounds , Meddowes . none are ( of their own nature ) so profitable , and lesse chargeable , as meddow grounds , which are alwaies readie to benefite the owner , summer and winter , they especially are to be regarded .

Bail .

That is true indéede , and peraduenture it take● the name of the readinesse : for we call it in Latine Pratum , as if it were semper paratum , either with the fleeze for ●ay , or with the pasture to féede : Pratum , quasi semper paratum ▪ and this meddow wherein now we are , is the best meddow that I know : and I thinke , for swéetnesse and burden , there is not a better in England .

Sur.

You do well to aduance the credite of the Lords land , and you speake , I thinke , as you conceiue , because you are not acquainted with the meddowes , vpon D●ue-banke , in Tan Deane , Best meddowes in England . vpon Seauern-side , Allermore , the Lords meddow , in Crediton , and the meddowes about the Welch-poole , and many other places , too tedious to recite now .

Bai.

These he like are made so good by art , but naturally , I thinke , this may match the best of them .

Sur.

Indeed , meddowes very meane by nature , may be made excellent by charge : but they will decay , vnlesse they be alwaies releeued . But these that I speake of , require little or no helpe at the owners hand , onely the ayde of these riuers ouerflowing , do feed them fat , giues great burden , and very sweet .

Bayly .

These yearely ouerflowings of fat waters after flouds , no doubt , are very beneficiall , Riuers ouerflowing good as appeareth by the annale and yearely ouerflowing of the riuer Nilus in Egypt , Nilus in Egypt , Ios. 3.15 . which maketh the adiacent grounds so fat and fruitfull , as they be famous through the world for their fertility , and was allotted to Iosephs brethren in Egypt .

Sur.

You speake of a matter wonderfull in the conceits of some , that the riuer should so ouerflow in the summer , and yet it neuer raines in those parts at any time of the yeare .

Bai.

So I haue heard indeede : and that the flouds grow in the heate of the yeere about haruest , betwéene Iulie , and September , with the snowe melting , that falls in the winter time , among the Mountaines .

Sur.

The Lauent and the Leame . We haue in England matter more strange , as the riuer neere Chichester in Sussex , called the Lauent , which in the winter is drie , and in the driest Summer , f●ll to her banckes : So is the Leam , a riuer in Barkeshire , neere Leambourn .

Baily

That is strange indéede : one studious in naturall Philosophie , could tell the cause of this .

Sur.

I take it to bee , because they are only fed with springs , which runne only , when springs are at the highest . And that also is the reason , why many bournes breake out of the earth in sundry places , Bournes . as we may reade it hath done somtimes neere Merga●e , in Hartfordshire , corruptly called Market , and neere Croydon in Surrie , neere Patcham in Sussex , and in many other places in this Realme : which breaketh foorth suddenly out of the driest hills , in Summer .

Bay .

Water smelling like violets . Because you speake of Angleton , I can assure you , there is a Well , that sometimes yeldeth water , which when you wash your hands with , it smelleth like violets . Some would ( no doubt ) giue much for such excellent water .

Sur.

Though the smell be sweete , I hold not the water so wholesome : for we doubt it is in it selfe , Leuis putredo , Leuis putredo . a kind of light putrifaction , whi●h passing lightly by the sence of smelling , deceiueth the sence , which if it tooke a more serious note of it , would find ●t a kind of stincke : as your purest muske and C●uet , Sence deceiued . the more neerer the sence it commeth , and the more the s●●ce chargeth it selfe with the whole sent , the more lothsome it will prooue . But these are things comming into our talke by the way : let vs returne to our matter of meddowes , the cause of whose goodnes is the soyle , and ouerflowing , with the most muddy water .

Bay .

No doubt , Boggie grounds helps by ouerflowing . it is an admirable helpe vnto them : nay , I by small experience that I haue found , can tell you a pretie paradoxe , how say you to this ? Boggy and spungy ground , whereof we discoursed before , though in it owne nature it be too moist , yet , if it be ouerflowed with water often , it wil settle and become firme : which howsoeuer in my poore vnderstanding , it should seeme opposite to reason , that water should helpe watery ground , yet experience findeth it so .

Sur.

All ouerflowing waters doe bring a slymy and fat substance with them , and leaue it behind them : which together with the working of the water , thorowe the spungie ground you speake of , worketh that effect in all grounds , where it comes .

Bai.

But water cannot be brought into all kinds of boggy grounds , nor into all kinds of meddowes .

Sur.

No , for there are two sorts of meddowes , Two sorts of meddowes . lowe & moist , and vpland , and dry meddowes , of these kinds the lowe is commonly the best : because they are aptest to receiue these falling and swelling waters , which for the most part brings fatnes with it : and besides , it moistneth the ground , and makes the grasse to growe cheerefull : yet howsoeuer fat & fruitefull they be , continuall moouing yeerely without intermission , may weaken them and impaire their goodnes , and will require some helpe , vnlesse they be such meddowes as I recommended vnto you ye● while , that are so fed with fat ouerflowing waters , as do still maintaine them in strength .

Bai.

Then must the vpland meddow , by often and continuall sheering , needes decay .

Sur.

The vpland meddowes haue but the name of meddowes : Vpland meddowes haue but the name for indeed , they are but the best pasture grounds , laid for hay . And to distinguish betweene that kind of meddow and pasture ground , or betweene pasture and arable , is friuolous : for that kind of meddow is most properly pasture , and all pasture grounds may be tilled . For when we say arable , it is as much , Hard to distinguish grounds . as if we said , it is subiect to the plow , or land which may be plowed : and why then may not a man say , that which is now pasture , is arable ? that is , conuenient to be tilled . And on the contrarie , that which is now tilled , may be pasturable : namely , apt to graze , and to feede cattle ?

Bai.

You prooue , that it is superfluous in manner , to distinguish the qualities of grounds .

Sur.

I confesse , a Surueyor may note the quality of euery kind , as he findeth it in the time of his perambulation and view . But peraduenture , the next yeere , he that comes to distinguish them , may enter them cleane contrarie to the former . And therefore it is not amisse , in all such entries , to adde the word ( now : ) as to say , now tilled , or now pasture , now vsed for meddow : vnlesse it be low meddow alwayes mowne . But he that shall enter a peece of vpland ground , ( though it be sometimes mowne ) vnder the name of meddow , erreth in his entry . But for that , let all men follow their owne fancies . But because we speake of vpland meddowes , we will accept all mowable grounds in that sence . Meddow of different natures . And of such I will first speake . They are either of a clay soile , and so naturally fat , or stiffe : or a sandy earth inriched and made fat by industrie : and both of these by mouing yearely without intermission , and supply of helpe , may be so impaired , as it will yeeld little benefite to the owner . The nature therefore of euery ground must be considered : for the vpland and high ground , may be also watrie , and consequently cold and moist , which kind of grounds are generally clay : for a sandy and grauelly ground lying high , and depending , is seldome or neuer found moist by nature , but drie , and consequently hot . So that all vpland grounds are commonly either too cold and moist , o● too hot and drie : either of which must haue his seuerall helpe . For as the constitution of a mans bodie , is found by the effects of fatnesse , leanenesse , heate and cold : So do the earths discouer their natures by their fruite , which nature causeth them to bring foorth in infinite kinds . The cold and watry grounds yeeld long , but foure and vnprofitable grasse , rushes , and rancke Mosse : which kind of ground must be cured , if need require , with draines , but commonly these grounds are of clay : and clay will neuer giue way , or euacuation to the water , because the ground is hard and stiffe , contrarie to the open and spungy ground , which is thin and open . And therefore the hottest chalk or lime , is best to kill the foure grasse , & vnprofitable mosse . So is cole-dust ashes , & chimney foote , if sufficient quantity could be gotten : & after these things thus laid , it is expedient to giue it a tilth or two , & then to let it lie againe , if it be to be vsed for meddow or pasture . And for the other grounds which are hot and drie by nature , the contrary is to be vsed , by vsing meanes to coole the heate ; and to moisten the drinesse : and that i● by bestowing some fat and slimy Marle vpon them , which will much cherish & reuiue the parched grasse , and kill the hungry mosse , that groweth by the drinesse of the 〈◊〉 , as a scurfe or tetter on the body , by the heate that proceedeth of a salt humor . The natures of these two kindes of grounds are also found out , whether they be cold & moist , or hot , and drie , by the quantitie , and qualitie of their fruits , as the seasons of the yeere be drie or moist : for that ground that groweth best in a moist yeere , Clay ground . is hot and drie . The clay ground in a moist yeere ( if it be not too moist ) may be also comforted , because in too drie a yeere , the clay becommeth so strongly bound , that the tender grasse can hardly make way , through the obdurate earth : whereas moderate moisture molifieth the same , cherisheth the roote , and giues way for the grasse : and if it haue too much moisture , it becommeth so slimie , and the rootes so drenched , as it turneth the grasse into a spirie kind , and that but short , and by the cold that commeth of the too much moisture , it increaseth rushes aboundantly , and thicke mosse : So that it appeareth , that the seasons of the yeere doe either helpe or hinder the increase of all kinds of grounds : which the art or industry of man cannot preuent . Helpes intended sometimes hinder . For many times the helpes , that man vseth to assist and helpe nature , doe binder it : as where compost and stable soile is layd vpon a drie ground , reserued for grasse , if a drie yeere followe , the heate of the soile and the drinesse of the yeere , doe so impouerish the grasse , that it yeeldeth the owner lesse increase , then if he had bestowed no soile at all : yet men ought not to be remisse , in soiling their lands : for if it preuaile not in one yeere , they shall find it at another time very profitable : Bringing of street water into grounds profitable . and for all seasons , I perswade men to make meanes , where it may bee done , to induce out of streetes , lands , wayes , and ditches , all the water , that by some extraordinarie raine passeth through them , into their grounds , by making some little dam , or barre to drawe them into to their grounds : for the matter which this water bringeth with it , is commonly so rich and fat , as it yeeldeth a maruailous refection to all the grounds , high or lowe , into which it may be brought : which kind of husbandry is much vsed in Somerset , Deuon & Cornwall , to their admirable aduantage , and in some other place heere , and there , but not so generally , as in prouidence men might .

Bay .

This is a good course , no doubt , in places where it may be put in execution : but as you say , all men are not so prouident , and painefull , which indéede is a great fault , and wherein I my selfe , I confesse , haue béene culpable : but I will be more carefull aswell in that , as in other things , whereof you haue put me in minde . And truly I thinke , there is much profit ▪ wilfully lost in many places by negligence , want of skill , and sparing of some small charge . You haue hitherunto spoken only of vpland meddowe grounds : but you deuided meddowes into two sorts : what say you to the second , namely lowe meddowes ? for I haue seene and obserued as great defects in them , by reason of their too often moouing without rest , as may require some consideration how to repaire them : for some of these grounds are as much annoyd by too much moisture , as the vpland with the want of it .

Sur.

For the too much moisture , if it be but in the winter season , How water doth good to meddowes . and continue but vntill the middle or end of Aprill , it doth not only no harme , but good : for if you marke and obserue it well , you seldome or neuer see bogges , where the water ouerflowes , and stands in the winter time . But if it be more permanent , and of longer stay , there must be meanes vsed for the euacuation : for in many places you may perceiue certaine lowe places in meddowe grounds , where if the water once take a standing , it will cause the ground to sinke more and more , and therefore that kind of water must be vented betimes : for otherwise it killeth the grasse , Water , ●ow it may be hurtfull to grounds . & makes the place bare in a drie summer , when the water is gone , or else it will cause such a coldnesse to the earth , as it will bring foorth more rushes then grasse . And therefore it must be a principall care , to haue all riuers , sewers , and water draines , well cleansed and scoured , that vpon occasion , when time requireth , when you will conuey the water from the meddowes , it may haue a due current .

Bay .

But estoples of water courses , do in some places grow by such meanes , as one priuate man or two cannot by force or discretion make remedy . As when sewers be common , sometime betwéene Lordship ● Lordship , parish and p●rish , or betwéene a multitude ▪ among whom it is alwaies séene , some wil be peruerse , and wilful ▪ and hinder the best publike action that is , though the doing of it be neuer so profitable to themselues , and the omitting , hindrance . Besides this ▪ you see vpon diuers streame● Water-mils , Mils of too high a pitch , pen the water . which by reason of their high pitch , bat backe the water that shuld haue cleere passe : so that sondry mens grounds are drowned , euen vntill , and at the time of haying . And for the most part , thes● mils do appertaine to great persons , who rather then they will lose a penny o● their profite , will hazard the losse of a pound to poore men . What remedie is these for any of these mischiefes ?

Sur.

For euery of them the lawe hath prouided remedie . And the greatest hindrance is either neglect or feare of complaine 2 ▪ and upon complaint in places , and to persons appointed to reforme neglect of iustice to be executed , 〈◊〉 or law-dayes , generall Sessions , Commissioners of Sewers , and actions at the common Law , are prouided to right these wrongs : therefore speake no more of this , as matter of impeachment of the grounds , which of themselues are naturally good or euill . But rather seeke the meanes to better and helpe the ground , which , as you obiect , is weakned by often cutting . How to amend weakned meddow When a man obserueth such decay in his meddowe , let it lie some few yeeres to pasture , and be eaten very lowe , it will procure some heate againe . If not , take the fattest earth that may be gotten , & let it lie a yeere if you can , to dissolue , and when it is drie and will crumble small , mingle it with good and well fatted dung , and lay them a while in a heape , vntill they be sufficiently incorporated , which will bee in one winter , then carrie it into your meddowe about the beginning of March , or before , and then cast it abroad vpon the meddowes , not too thicke , nor the clods too great , it will reuiue the weakned mould , and make the grasse spring againe very freshly .

Bai.

I thinke this bee good also for barraine pasture .

Sur.

It is very excellent for pasture , for hee that will bestowe the cost , shall find his recompence in short time .

Bayly .

I see in some meddowes gaully places , Gauly places in meddows . where little or no grasse at al groweth , by reason ( as I take it , ) of the too long standing of the water , for such places are commonly low where the water standeth not hauing bent to passe away , and therefore meanes must be first made for the euacuation of the water for the continuall standing of the water consumeth the grasse , and makes the place bare , and sinketh it .

Sur.

In such a place therefore , Clauer gras . sow in the Spring time some hay seed , especially the seed of the clauer grasse , or the grasse hony-suckle , and other seeds that fall out of the finest and purest hay : And in the sowing of it , mingle with it some good earth : But sow not the hony-suckle grasse in too moist a ground , for it liketh it not .

Bayly .

Is it not good sometimes to ●ill and sow● the meddow grounds ?

Sur.

To till meddow grounds Yes , vpon good occasion , as you find by the slender croppe of hay it beareth in a seasonable summer , that the ground begins to faint , as it were vnder the burthen of continuall bearing , fallow it , and let it lie a whole summer , and in the fall of the leafe plow it againe , and at the season sow it with pease or fetches , next with wheat , and lastly with fetches and hay dust , laying it as plaine and leuell as you can . Then seed it the next summer , and after that , hayn it and mowe it , and within a yeere or two , the grasse will be fat , sweet and good .

Bayly .

I haue séene meddowes , as wel as other arable landes , Meddow ground burned . namely , the crust of the earth cut in turffes and burned , and so sowne as aforesaid .

Sur.

This kind of husbandry is neither vsuall nor expedient in all places , especially in meddowe grounds , vnlesse the meddowes bee too much ouergrowne with mosse , through too much moysture & colde : yet in deed I haue seene it in some part of Shropshire . But I haue thought it rather done for the corne sake , then for reformation of the meddowe .

Bay .

But I like not this husbandry in any sort , in good meddow grounds .

Sur.

You need not feare it , for experience hath found , that it hurteth no kind of ground . But I leaue euery man to his owne fancie .

Bayly .

Surely , I thinke there needs no helpe to good meddowe grounds , Meddow most beneficiall . for it requireth small trauaile , and lesse charge , and of all grounds ( as was sayd in the beginning of our speech , it is most beneficiall .

Sur.

Euery thing hath his time and course , a growing , a perfection , and decay . And the best ground may bee ouercharged , the plowe , and the sithe will weaken , if there bee no helpes by Art , or Nature ▪ for though nature wake & worke when we sleepe , and are idle , yet it often faileth , when wit and industry must worke and supply what Nature leaueth . And therefore he that hath best meddow grounds , if he be a good husband , will obserue how they stand in force , or weaknes , and accordingly indeuour to helpe the defects : hee must neither sleep for the too much heat in Summer , nor keepe house in Winter for the too much cold : but both Winter and Summer giue such attendance and ayd vnto his land , as in discretion he shall find most behoouefull : for land is like the body : if it be not fed with nurriture , Land like the bodie . and comforted and adorned with the most expedient commodities , it will pine away , and become forlorne , as the mind that hath no rest or recreation , waxeth lumpish and heauy . So that ground that wanteth due disposing and right manurance , waxeth out of kind ; euen the best meddowes will become ragged and full of vnprofitable weeds , if it bee not cut and eaten ; some will become too moist , and so growe to boggs ; some too drie , and so to a hungry mosse . And therefore according to the naturall or vrged inclynation , men are to endeuour to prepare preseruations , or reformations , namely , to keepe the good in good case , and to bring the euill to a better state . If it bee too moyst , you must seeke to drie it : if too drie , you must vse meanes to moysten it .

Bayly .

What if there bee such places in a meddowe , as neither Art nor charge can conueniently make drie , or fit for grasse , as I know many ▪ and ( no doubt ) so doe you , which will bee vnprofitable , whatsoeuer course be taken , vnles more charge bee layd vpon it , then it can requite ?

Sur.

In such places the best course is to plant willowes red or white , To plant Willowes . namely , in euery voyd plot of low ground that is too moyst , and of little vse to plant them , as also neere vnto , and in hedgerowes : for those kindes of willowes are very profitable , and little hurtfull , and delight most in watrie places , where profitable and sweet grasse likes not : They growe speedily , and beare much , and serue for many vses in husbandrie .

Bay

In this indeed I can approue your Iudgement by mine owne Art and experience : for about seuen or eight yeeres since , I set a certaine number of these kindes of Willow poles , Setting of Willowes . shaped and cut for the purpose , and in deed I cut them and set them in a drie time , for I can tell you , although they loue the water well in their growing , wet is an enemie ●nto them , being cut from the tree : and in the time of their replanting , some I set in the end of Ianuary , some in the beginning of February , when the extremity of the cold is neere gone . I set some in a meddow by a ryuers side , some in a bottome , where the water falls most in the time of raine , and I set euery one of them sixe foote asunder , and for three yeeres space I kept them pruned verie carefully : and at this present time they haue heads and branches of verie great burden , euery thrée trées néere a loade of wood . And I do not thinke , but euery fiue or sixe yéeres will affoord as much and more : for as the body of the tree doth increase , the branches will augment in greatnesse : and this without losse of much ground , or hindrance to the grasse . Nay , I find that vnder these trees , the grasse is most rancke and fruitefull , not onely by reason of the dropping of the boughes , but by the fal of the leafe in Autumne , as also by the cattle sheltring and shadowing vnder them . And moreouer , I haue planted an Ozier hope , Ozier hope . ( for so they call it in Essex , and in some places an Ozier bed ) in a surrounded ground , fit before for no vse , for the too much moisture and ouerflowing of it . And to tell you truly , I thinke , it yeeldeth me now a greater benefite yeerely , acre for acre , then an acre of best wheate : and that without any great trauell or charge , and the ordinary increase seldome sayling . Onely I find , that this kind of trée brooketh not the shadow of any other tree , but delighteth in the open ayre , Ozier brooketh no shadow . and in the Sunne beames : so imperiall or sullen is this little plant . And truly I conceiue , that men that haue such grounds , as befit this kind of commoditie , come short of good husbands , if they plant them not .

Sur.

You say in this very truly : and it is a great shame for many capable wits , and able bodies , that they hauing liuings and leysure , imploy neither of them to their vttermost profitable ends : for lands is giuen to man , to the end he should till it , manure it , and dresse it : namely , he should set , sow , and plant vpon it , and in due discretion to conuert euery place to his fittest fruite . For I am of opinion , that there is no kind of soile , be it neuer so wild , boggy , clay , or sandie , but will yeeld one kind of beneficiall fruite or other .

All grounds good for some vse .

Peaze vpon the beach grow naturally .

Bail .

Nay , by your leaue , I thinke , the pib●les or beach stones vpon the sea coast , about Orford Nesse in Suff. the Camber in Sussex , and such like , are good for no vse , especially for any profitable fruite : for I thinke , there is no firm● soyle within a speares length of some part of the highes● of them .

Sur.

It is true , and yet haue I eaten of good and nourishing fruite growing euen there , as pease , pleasant , holesome , and good , growing of their owne accord , neuer ste●●●o●●e : but they differ in the maner of branching , only the blossoms differ not much , but the co●●les hang in clusters , eight , ten , or twelue in a bunch , and tast as other pease .

Bayly .

That is strange that they should grow where no firme earth is oure , and without set●ing or sowing : me thinkes , if they be of any abundance , poore people might make vse of them , if they be wholesome and not forbidden .

Sur.

So do they in the times of dearth .

Bayly .

〈◊〉 haue séene vpon these grounds , store of Pewets , Oliues , and Cobbes breed , ●owles of great request at most honorable table● . Pewets and Oliues , &c.

Sur.

So haue I : but to allure them , it is good to strew rushes and grasse vpon the beach , wheron to lay their egs , vnlesse there be store of sea-weedes to serue for that purpose . But for your other sorts of ground , as boggie , and hot , and sandy grounds , commonly bar●en , I see not how they may be employed to any great profit . For the first , namely , your lo●e & sp●ngie grounds ●renched , Hoppes . is good for hopps , as Suffolke , Essex , and Surrie , and other places doe find to their profit . The hot and sandy , ( omitting graine ) is good for carret rootes , a beneficiall fruite , as Orford , Ipswich , and many sea townes in Suffolke : Carret roots . as also Inland townes , Berrie , Framingham , and others in some measure , in the same shire , Norwich , and many places in Norfolke , Colchester in Essex , Fulham , and other places neere London . And it beginnes to increase in all places of this Realme , where discretion and industrie sway the mindes of the inhabitants : and I doe not a little maruaile , that husbandmen and Farmers doe not imitate this , for their owne families , and to 〈…〉 their poore neighbors , as in some places they beg●n , to their great profit . I haue also obserued in many places , where I haue had occasion to trauaile , that many croftes , toftes , pightes , pingles , and other small ●uillits of land , about farme houses , and Tenements , are suffred to lie together idle : some ouergrowne with nettles , mallowes , thistles , wilde tezells , and diuers other vnprofitable weedes , which are fat and firtile : Many waste grounds might yeeld profite . Hempe . Mustard-seed . where if the farmer would vse the meanes , would growe sundry commodities , as hempe , and mustard seede , both which are so strong enemies to all other superfluous , and vnprofitable weedes , as they will not suffer any of them to growe , where they are sowne . The hempe is of great vse in a farmers house , as is found in Suffolke , Norfolke , Sussex , Dorset , and in many places in Somerset , especially about Burport , and Lime , where the people doe find by it great aduantage , not only for cordage for shipping , but also for linnen , and other necessaries about a house . So is also the flaxe , Flaxe . which is also sowne in many places , where good huswiues endeuour their wits ▪ 〈◊〉 , and hands to that commodious and profitable course , and the flaxe will like well enough in a more light and gentle , and leaner soile , then the hempe . And indeede there is not a place so rude , & vnlikely , but diligence and discretion may conuert it to some profitable end : and among many other commodities , I maruaile , men are no more forward in planting of Apple trees , Apple trees . Peare trees , Crab-stockes , and such like in their hedges , betweene their fields , aswell as in Orchards : a matter praise worthy , and profitable to the planter , and to the common wealth , very beneficiall .

Bail .

Indéed , I haue thought vpon this kind of husbandrie , but I haue bene preuented of mine own desires , by a preiudicate conceit , that these fruites would redound little to my benefit , for that I think they will be stolen , the hedges troden downe , and the trees broken for the fruites sake .

Sur.

Negligence may easily find excuse : but this obiection is friuolous : for I know in Kent , Worcestershire , Shropshire , Glocestershire , Somerset , and Deuon , and many parts in Wales , full of this commoditie , euen in their remote hedge-rowes . And although some few be lost , sith the rest come so easily , so fully , and so freely , a good mind will not grudge at a way-faring passenger , taking for his refection , and to qualifie the heate of his trauell , an apple or a peare : for the remnant will content the well conditioned owner . For I haue knowne , that ( all the stolen allowed ) the fruite thus dispersedly planted , haue made in some little Farmes , or ( as they call them in those parts ) Burgaines , a tunne , two , three , foure , of Syder , and Perry , which kind of drinke resembling white wine , Syder . Perry . hath without any further supply of ale , or beere , sufficed a good housholder and his family , the whole yer● following , and sometimes hath made of the ouerplus twenty nobles , or ten pounds , more or lesse .

Baylie .

This surely cannot be but confessed , to be very beneficiall , both for priuate and publike w●●le . And I myself haue noted , that Mid. in former times , hath had regard to this kind of commoditie : for many Apple-trees , Peare trees , Seruice trees , & such like , haue bene planted in the fields and hedge-rowes , especially in the North and East part of the shire , as also in the South part of Hartfordshire , which are at this day very beneficiall to the inhabitants , both for their owne vse and reléefe , as also to v●nt diuers wayes at London . But the trees are now for the most part very ancient , and I do not sée such a continuall inclination in the time present , to continue or increase this benefite for the vse of posteritie : neither did I euer know much Syder or Perry made in these parts , neither do I thinke they haue sufficient skill or meanes .

Sur.

I thinke indeed , little Sider is made there , some Perrie there is here and there : but more in the West country and in Kent , Kent . a place very fructiferous of that kind of fruite .

Bai.

Yet is there not so much Syder made , for all the great abundance of fruite , as there might be but in the Inland .

Sur.

The reason is , because that neere London , & the Thames side , the fruite is vented in kind , not only to the Fruterers in grosse , but by the country wiues , in the neerest part of Kent , Middlesex , Essex , & Surrey , who vtter them in the markets , as they do all other vendible things else .

Bayly .

But aboue all others , I thinke , the Kentishmen be most apt and industrious , in planting Orchards with Pippins and Cherries , especially néere the Thames , about Feuersham , & Sittingburne . And the order of their planting is such , as the form delighteth the eye , the fruite the taste , and the walks infinite , re●rea●e the bodie . Besides , the grasse and h●rbage , no●withstanding the trées , yeldeth as much benefit● ▪ in manner , as if there were no trées planted at all , ●specially for hay .

Sur.

I● is true : and in mine opinion , many men hauing tenements , and time in them , make not halfe the profite , which by due and discreet industrie they might .

Bayly .

Men vntaught , know little . Truly I now so conceiue it : for you haue in m●ny things , made me sée mine owne indiscretion & negligence ▪ but in many of them feare hath more preuailed with me , then wilfull refusall . And so I thinke it doth in other men , who also with my self , ar● ignorant of many points of prouidence , and good husbandry : because they are not generally trauelers to sée other places , neither hath their bréeding bene iudicious , but plaine , according to a slubberd patterne of ancient ignorance , by which they onely shape all their courses , Many follow old husbandrie . as their Fathers did , neuer putting in practise any new deuice , by the rule of more reason . And therefore indeed , we that are yet in a plodding kind of course , may conforme vs ●o new and probable precedents , as time and ●riall will yeeld experience . But ●urely , I hold your opinion good for the planting of fruit trees , not only in Orchards , but in the hedge rowes & fields : for I thinke , we haue of no tree more necessarie vse .

Sur.

It is true in respect of fruite . But in other respects , Oke , Ash , and Elme . the Oke , Elme , and Ash , are more precious .

Bayly .

These indéed are building trées , and of the three , the Oke is of most request a timber most firme and most durable . I haue b●●ne no great traueller , and therefore I can speake little of the increase or decrease of them , other then in the places where I am most resident , and where my ordinary affaires do lye . And for those parts , I can say , that they increase not , though they seeme not to be wanted : for you see this country inclinable to wood and timber much : yet within these twenty yeeres they haue bene diminished two parts of three : and if it go on by like proportion , our children will surely want . How it is in other countries I know not .

Sur.

I haue seene many places of note for this kind of commodity , ( for so ●t is , howsoeuer it hath bene little preserued ) and I find , that it hath vniuersally receiued a mortall blow within the time of my memorie : Oke much decayeth . 35. Hen. 8. notwithstanding there is a Statute for the preseruation and maintenance of the same , and the same continued to this day , but not with wished effect , as we haue thereof spoken before .

Bail .

I will tell you , Sir , carelesse Gentlemen , that haue Mannors and Parkes well woodded , left them by their carefull auncestors , that would not strip a tree for gold , are of the mind ( as it seemeth ) that the shadow of the high trees do dazle their eyes , they cannot see to play the good husbands , nor looke about them to sell the land , ti●l the trees be taken out of their sight .

Sur.

Can you breake a iest so boldly vpon men of woorth ?

Bail .

You see as well as I , some do it in earnest : and I thinke indeed , it is partly your fault that are Surueyors : Gentlemen sell their woods too fast . for when Gentlemen haue sunke themselues by rowing in Vanities boate , you blow them the bladders of lauishing helps , to make them swim againe awhile , counselling first to cleere the land of the wood , ( in the sale whereof is great abuse ) perswading them , they shall sell the land little the cheaper . And indeed I hold i● prouidence , where necessitie commands , to chuse of two , the lesser euill : namely , to sell part of a superfluous quantitie of wood , where the remanent will ser●● the partie in vse , A Surueyor must counsel frugalitie . rather then the land . But withal , it is the part of a good Surueyor , to counsell frugalitie , and a sparing spending , according to the proportion of the means of him he trauel●●or . And ●f that great Emperor Necessitie will needes haue hau●cke , sell the wood , or p●ize it so , as he that buyes the land haue not the wood for nought : as is often seene , when the wood and timber sometimes is woorth the price of wood and land .

Sur.

It seemes , when you come to be a Surueyor , as you labor to be , Affection . I hope you will be very carefull in your counsell : but it may be , when you seeme to haue best skill , and earnest desire to draw the line straight : for a man inclinable to his owne will , he will rather giue it into the hands of some one that feedes his conceits with flatterie , Simple men do manage mens busines through flatterie ▪ and he shall mannage the building , when you haue laid the foundation . And what he doth , be it right or crooked , is leuell with the marke . And therefore leauing euery man to him he likes , I say onely this , that sith timber and timber trees , and wood by due obseruation , are found to decay so fast , me thinkes , in common discretion , it should behooue euery good husband ( for all would be so accompted ) both vpon his own ●and , as also vpon such as he holds of other mens , not onely to maintaine , All men ought to preserue timber and to the vttermost to preserue the timber trees , and saplins likely to become timber trees , Oke , Elme , and Ash : but voluntarily to plant young : and because there is not onely an vniuersall inclination to hurle downe , it were expedient that sith will will not , authoritie should constraine some mean of restauration , namely , to enioyne men , as well Lords , as tenants , to plant for euery summe of acre , a number of trees , or to sow or set a quantitie of ground with Acorns .

Baylie .

I remember there is a Statute made , 35 Hen. the 8. and the ● . Eliz. for the preseruation of timber trees , Oake , Ash , Elme ▪ Aspe , 35. Hen. 8.1 . Eliz. and Beech : and that 12. storers & standils should bee left standing at euery fall , vpon an acre : but mee thinkes , this Statute is deluded , and the meaning abused : for I haue seene in many places at the fa●s , where in deed they leaue the number of standils and more ; but in stead they cut dow●e them that were preserued before , and at the next fall , The Statute abused . them that were left to answere the Statute , and yong le●t againe in their steads : so that there can bee no increase of timber trees , notwithstanding , the words of the Statute , by this kind of reseruation , vnlesse such as were thus left , were continued to become timber trees indeed : And therefore it were not amisse , that some prouision were made , to maintain the meaning of the Statute in more force : but I leaue that , to such as see more then I see , and haue power to reforme it .

Sur.

It is a thing in deed to bee regarded , for indeed there is abuse in it .

Bayly .

Surely it is , especially in places where little timber growes : for there is no Country , how varraine of timber soeuer but hath vse of timber : and therefore , if neither mens owne wils , Want of Wood ▪ and Timber feared . seeing the imi●ent want , nor force of Iustice will mooue and worke a reformation , we may say as the Prouerbe is , Let them that liue longest , fetch their wood farthest .

Sur.

But some Countries are yet well stored , and for the abundance of timber & wood , were excepted in the Statute , as the Welds of Kent , Sussex , & Surry , which were all anciently comprehended vnder the name of Holmes dale . There are diuers places also in Darinshire , Holmes dale . Cheshire & Shr●pshire , wel woodded . And yet he that well obserues it , and hath knowne the Weles of Sussex , Surry , and Kent , the grand nursery of those kind of trees , especially Oake , & Beech , shal find such an alteration within lesse then 30. yeres , as may well strike a feare , Thirty yeres haue consumed much wood and timber . Glasse houses Great woods wasted . lest few yeeres more , as pestilent as the former , will leaue fewe good trees standing in those Welds . Such a heate issueth out of the many forges , & furnaces , for the making of Iron , and out of the glasse kilnes , as hath deuoured many famous woods within the Welds : as about Burningfold , Lopwood Greene , the Minns , Kirdford , Petworth parkes , Ebernowe Wassal● , Rusper , Balcombe , Dalington the Dyker : and some forests , and other places infinite . Tantum ●●ui longinqua valet mutare vetustas . The force of time , and mens inclination , make great changes in mightie things . But the croppe of this commodious fruit of the earth , which nature it selfe doth sowe , being thus reaped and cut downe by the sickle of time , hath beene in some plentifull places , in regard of the superfluous aboundance , rather held a hurtfull weed , then a profitable fruit , and therefore the wasting of it held prouidence , to the end that corne , Woods destroyed for cornes sake . a more profitable increase , might be brought in , in stead of it , which hath made Inhabitants so fast to hasten the confusion of the one , to haue the other . But it is to be feared , that posterities will find want , where now they thinke is too much . Virtutem inc●lum●m od●mus , sublatam sero saepe quaerimus inuidi . Things that wee haue too common , are not regarded : but being depriued of them , they are oft times sought for in vaine .

Bay .

140. Iron workes in Sussex . It is no maruaile , if Sussex and other places you speak off , be depriued of this benefit : for I haue heard , there are , or lately were in Sussex , neere 140. hammers and furnaces for Iron , and in it , & Surry adioyning , 3. or 4. glasse houses : the hammers and furnaces spend , each of them in euery 24. houres , 2.3 . or foure loades of charr coale , which in a yeere amounteth to an infinit quantitie , as you can better account by your Arithmatique , then I.

Sur.

That which you say , is true , but they worke not all , all the yeere : for many of them lacke water in the Summer to blowe their bellows . Wasting of woods in Sussex , good for the common wealth . And to say truth , the consuming of much of these in the Weld , is no such great preiudice to the weale publike , as is the ouerthrow of wood & timber , in places where there is no great quantitie : for I haue obserued , that the clensing of many of these welde grounds , hath redounded rather to the benefit , then to the hurt of the Country : for where woods did grow in superfluous abundance , there was lacke of pasture for kine , and of arable land for corne , without the which , a Country or country farme cannot stand , or be releeued , but by neighbour helpes , as the Downes haue their wood from the Weld . Beside , people bred amongst woods , are naturally more stubborne , and vnciuil , then in the Champion Countries .

Bai.

What , are mens manners commonly guided by the disposition & quality of the places where they are bred ?

Sur.

There is no necessitie in it , I take , but by obseruation it hath bin collected , That Montani sunt asp●ri atque incu●ti ; Mens manners of their place of breed . Molliores corpore atque moribus pratenses : Campestres mansue●● & Ciuiles : Rudes & refractari● S●●●●colae : Paludicolae inconstantes & ●ebeti ingenio : Littorales duri , b●rrendi , immanes , latrociniis dediti , ●mniumque deniqu● pessimi . &c. So that if this obseruation hold , men varie in wit , manners and disposition of body & mind , much after the nature of the place where they are brought vp . Diuine grace shapes new minds . But let vs not think that followes alwaies , but that education & diuine grace doth shape new minds , maners & dispositions in men , as they are trayned vp in the knowledge & feare of God . But woods are commonly most desert , so are Sea coasts subiect to violent winds , & vapors , and therfore these aboue other places are most condemned , & the inhabitants the more need to seeke the meanes of reformation .

Bay .

Truly , I thinke all the places you name , the Mountaines , Meddowes , Woods , Marshes , and the Sea-coast , breed by nature all rudes , refractarios & immanes , without the grace of God directing them . And therefore we wil leaue to censure conditions of men , in one continent , & as it were , vnder one clymat by the places of their breed . That in my conceit , were to giue sentence against Gods secret Counsaile , & prouidence : Complexion neuer a true argument of good or euill men . As also to say , such a complexion were alwayes an argument of ill condition , and such of good , which neuer holdeth generally true . Let vs ▪ I p●ay , ret●●ne to our former communication , for time passeth , and I know , you would not be 〈◊〉 long .

Sur.

Then I say , where , in former times , a 〈◊〉 stood in those parts , wholy vpon these vnprofitable bushy and wooddy grounds , hauing only some small and ragged pastures for some kind of cattell , now I see as I trauaile , and where I haue had busines , that these vnprofitable grounds are conuerted to beneficiall tillage : The benefit that Sussex findeth by decay of woods . In so much as the people lacke not , but can to their great benefit , yerely afford to others , both Butter , Cheese , and Corne , euen where was little or none at all : yet I held a ●oderation necessary , lest that the too much ouerthrowing of timber trees , and stocking vp of Woods bring such a scarcity of that most necessary commodity , as men build not for lack of timber , but vse Peats , Turffe , 〈◊〉 , Furse , Broome , & such like fuel for firing , Fewell of constrain● . where they may be gotten , yea , & Ne●ts dung , as in some places of Wiltshire , and else where : which cannot but insue , if there bee neither preuention for the subuertion of the present , no prouision to plant or spare for the time to come : who seeth not that the generall extirpation , and stocking vp of coppise grounds in Middlesex , Middlesex stocking . wil not breede want to them that shall succeede ?

Bail .

But that may be the more tolerated , because it bringeth a greater profit in tillage and pasture , the ground being good , bringeth foorth wheat and oates , and other commodious graine , instead of s●ubs and shrubs .

Sur.

Stubs and shrubs are also necessarie : but as we desire foode , we must preserue the meanes to prepare it for foode : for as corne auaileth not without Mills to grind : so other necessaries without firing , are of little vse . If all were arable , where were meddowe and pasture ▪ if all pasture and meddowe , The vse of firing necessarie . where corne ? if all for corne and grasse , it were like Midas his wish . Therefore it is good to foresee , and to auoyde a mischiefe to come , by desiring or vsing present commodities moderately and prouidently . For when there is a true concurrence betweene the vse , and preseruation , and increase of necessarie commodities , without wilfull consuming , there seldome followeth too much want : but if , for the ouergreedy vse of things present , there be no regard of future occasion , it cannot be , but if the earth , the mother of man and other creatures , could verbally complaine , she might well say , A commoditie present should not depriue future times of a better . shee were euen robbed of her fruites by her owne children : and namely when for one commodities sake , another is abandoned by some priuate men , more expedient for the publique weale .

Bai.

I thinke your meaning is , when farmes , or townships are by priuate men dispeopled , and the houses puld downe , and the land conuerted to some more priuate vse : as only to shéepe pastures , or grasing for cattle onely , you meane , corne , the more commodious , is abandoned for these lesse profitable .

Sur.

Depopulation , dangerous . Both these are necessary in their places , no man can denie it . But when the Oxe and sheepe shall feede where good houses stoode , where honest men and good subiects dwelled , where hospitalitie was kept , the poore releeued , the king better serued , and the common wealth more steeded : who will not say it is the ban● of a common wealth , an apparent badge of Atheism● , and an argument of apish ambition , or wooluish emulation ? but because there is a statute carefully prouiding reformation , I will be sparing to accuse , though a man might point at the places and persons : Is not this next , Ferne hill , a close of the Lords demeisnes ?

Bayly .

You remember well , it is so .

Suruey .

If my memory faile not , there is a deepe bottome in this field , and a little rill of water rising out of the hill , runnes thorowe it .

Bayly .

If you looke but ouer this hill , you shall sée it .

Sur.

I ●ee it , and I maruaile that there hath beene no respect had of this place : for it is a desert bottome , full of bushes and shrubs , yeelding now little or no benefit .

Bay .

What can you aduise to be done with it , to make it more profitable ?

Sur.

I could wish some cost to be bestowed heerein , Fish ponds . making a fish pond , nay it would make at the least , two or three , one belowe the other .

Bai.

Alas , that were to little purpose , as I take it , considering the charge of making the ponds , the clearing of the water course , the clensing of the bodies , the making of the dammes or heads of the ponds will be more chargeable , then the fish will be profitable .

Sur.

As you conceiue it , for where reason or experience teach not , there the will followes to be vntoward in all actions : and seldome men practise doubtfull things , howsoeuer probable , for experience sake . But in this there is no doubt at all , the benefit is certaine by approoued experience , & it paieth the charge to the founder in short time , & afterward the benefit comes without much labour or cost . He that hath trauailed , and is acquainted with Sussex , Fish ponds many in Sussex , and Surrie . & Surrie , and hath obserued this commoditie , may find that gentlemen , and others able in those parts , will not suffer such a conuenient place as this for the purpose , to lie vnprepared for this vse : & the sweetnesse of the gaine they yearely make of it , hath bred such an increase of ponds for fish , as I thinke , these two shires haue more of them , then any twenty other shires in England .

Baylie .

That were very much , but I take it , the making of them is very chargeable , for the clensing and digging , the ridding of the stuffe , and making the head , I thinke will consume a greater charge , then many yeeres will pay , or redeeme againe , as I sayd before .

Sur.

That which commonly commeth out of these kind of places , is good soile for other lands , and will of it selfe quite the cost of clensing and carrying . As for the head wherein the greatest charge consisteth , may be done , for a marke or a pound a pole at the most , but where there is good fast earth , as is heere , I thinke lesse will doe it . This pond may be 20. pole at the head , few so much : and after 2. or 3. yeres being well stored , it will yeeld requitall , not only for domesticall vse , but to be vented very beneficially : for the Fishmongers of London doe vse to buy the fish by the score or hundred , Fishmongers buy pond fish far off . of a competent scantling , when the ponds in the country be sewed , and bring them to London in caske , 20 , 30 , 40 , 50 miles , and vent them by retaile : and if the ponds be so remote from the maine Mart London , as the fish cannot be conueniently transferred , other confining Cities , townes , & inhabitants , besides the owners priuate families , will find good vse of them : and many times also , these k●nds of ponds may haue sufficient fal of water for corne Mills , Ponds necessary for Mills . fulling , or wake Mills , syth Mills , and Mills of other kinds , as the country where such conuenient places are , may require : and it is found , by such as duly obserue the courses of countries , and inclinations of men , that want of prouidence and feare of charge , withholdeth mens minds from many benefites , priuate & publique , and that many times , where they are voluntarily mooued to consume far more in matter of meere vanitie , and things which right reason holdeth very friuolous .

Bay .

Ambitious building ridiculous . Truly I haue obserued this that you say , to be true in many , especially in such , as ambition mooueth without necessity to build more faire and stately piles , then their estate or abilities will well heare , and couet nothing more , then to raise their fame by their follie , not respecting commodities , so much as pleasures , as if the name of a faire house , were meate , drinke and credite vnto them : where if they were forced by necessitie to raise an habitacle , it might be so marshalled in discretion , A house with necessaries commendable . that it should not excéede the qualitie of the person , neither stand without such supply of all conuenient appendances , as might both argue the party prouident , and adde meanes vnto all necessaries for alike families reliefe .

Sur.

Men will haue their humors : but he is wise , that can learne by others harmes to auoyd , and by others good example to followe the like .

Bay .

Sir , you see this peece of ground , it hath not the name for nought , it is called fernie close , and as you see , it is full , and so ouergrowne with these brakes , that all the art we can deuise , and labour we can vse , cannot rid them .

Sur.

Neglectis vrenda filix , innascitur agris , sayth Horace . But in many places they serue to good vse : Horace . Ferne. & therefore , where they growe , it must be considered , whether it be better , to destroy them , or to foster than , for they seldome or neuer growe in a fat soile , nor cold , but in a sandy and hot ground : And as Theophrastus sayth in his eight booke , Theophrastus . lib. 8. it commeth not vp in manured places , but withereth away .

Bai.

How , meaneth he by manured places , plowed grounds ?

Sur.

Plowed grounds , may be sayd to be manured , but it is not so ment by Theophrastus : Manuring what is ment by it . for he meaneth grounds well soyled , with good fat marle and dung : for plowing without this kind of manurance , will hardly kill it : for the ground being naturally barraine , it will not quite cost to plowe it , till they growe no more . And if there be no other soile to manure it , take the brakes themselues , to kill the brakes .

Bayly .

I thinke , that were the way to raise more : for it is like the adding more fewell to put out the fire .

Sur.

But you see , that though the oyle feede the Lampe , oyle will extinguish it . Ferne destroied by ferne .

Bayly .

That is , if you drowne the match with oyle .

Sur.

So if you cut the brakes often , while they are young , and a little before Midsommer when they are growne , and cast them vpon the same land , and set the fold vpon it , and vse it thus , 2. or three yeeres , feeding it often with cattle or sheepe , you shall find a great decay of them . In the weldes of Sussex and Surry , places inclinable to brakes , you may learne , The vse of ferne , in diuers places . how the inhabitants by their indeuors ▪ doe make good vse of this kind of husbandry , both for corne , and to increase their pasture , by cutting them in August , & after when they are withered , and laying them vpon their grounds , with the fold , as I told you , which causeth the grasse to spring very fast , and freshly : and they are so farre from coueting to kill them , that they fetch them for this vse farre off : but the continuance of this course wil impaire them much . Moreouer , they bring the brakes into their yards , where their cattle lodge in the winter , and there they rot , & when they be well dissolued among their other soile , they carry it about September , and October , into their arable fields , to their good aduantage . And in some places they lay it in the common high waies ( as in Hartfordshire and other places ) and about March carry it into their grounds . It is so liuely , slymy and vegitable a nature , as it seldome becomes vtterly consumed , but by fat marl● , and soile , & continuall plowing , as I told you before . But I see , heere is a ground next vnto this , of another nature , full of bushes and briers , he is no good husband that oweth it .

Bai.

Bushy ground Neither he that owes it , nor a better husband can preuent this inconuenience : for besides the bushes , the mosse is so full and rancke , as the ground is good for nothing , but for that small pasture , that is in it heere and there .

Sur.

The ground of it selfe , I see is good enough , and not so prone to mosse as you take it , The cause of mosse . but the cause of the mosse is the bushes : for after euery showre of raine , the bushes hang full of droppes , which often falling on the ground , makes the vpper part of the earth so cold , that i● increaseth this kind of mosse : but without the aid and industrie of a skilfull husband , fairest grounds will be come ougly , and best land euill , and will bring ●oorth vnprofitable weedes , bushes , brakes , bryers , thornes , and all kind of hurtfull things ▪ according to the curse inflicted vpon it for mans fault , at the beginning .

Bail .

Admit , no man did manure the earth , The earth not manurde what becomes . yet surely there be many grounds , in my conceit , would neuer become worse then they be .

Sur.

You are in a great error : for the freest grounds that you see , the fairest pastures , and greenest meddowes , would become in short time , ouergrowne with bushes , woods , weeds , and things vnprofitable , as they were before they were rid , and clensed of the same by the industry of man , who was inioyned that care and trauaile to manure the earth , which for his disobedience should bring foorth these things .

Bayly .

How then was the state of this Island of great Brittaine , at the beginning , when it was first peoplet ?

Sur.

A very desert and wildernes , ful of woods , Great Brittaine sometimes a desert . f●lls , moores , bogs , heathes , and all kind of forlorne places : & howsoeuer we find the state of this Island nowe , records doe witnes vnto vs , that it was for the most part an vniuersall Wildernes , vntill people finding it a place desolate , and forlorne , beganne to set footing heere , and by degrees grew into multitudes ; though for the time , brutish and rude , Time taught them , and Nature drewe them to find the meanes how to stocke vp trees , bushes , bryers , & thornes , & in stead thereof , to plowe the land , to sowe , set , and plant , to build Cities for defence , aswell against the force of Wilde beasts , then plentifull in these grounds which now we manure , as against enemies , as the ruines of Cilchester in Hamshire , Cilchester ▪ Verolamium . among the woods , and of Verolamium in Hartfordshire , and other Romane Monuments of antiquity , doe lay before our eies at this day . After Cities , ( as the land became more and more peopled ) they built lesser Townes , Villages , and Dorpes , and after more securitie , Country Farmes , and Gruinges : and as these increased , Wild beasts in Brittaine . wild beasts , as Beares , Bores , Woolues , & such like decreased : for when their shelters , great woods , were cut downe , and the Country made more and more champion , then the people more and more increased , and more and more decreasing the inconueniences that offended them .

Bai.

I obserue in this your discourse some doubts , as whether all this Island , now great Brittaine , were a Wildernes and Desert , and whether there were euer such wild beast in it , as you speake off .

Sur.

If you will be satisfied by records , you may find , that most of the Shires in England were Forestae . and as for the wild beasts , Authors very antentique , report of the Calidonian Beare , Bore , Bull , Colidonian beare and bore . and Kine , which were in this Island , with infinite many Woolues : as by reason of the great woods and fastnesse , there are yet in Ireland .

Bay .

This our discourse is some what from our matter , yet not altogether impertinent : for if this lie hidde● ▪ and men be ignorant of the state of former times , Former ages had more art and industry then ours . our present swelling and ambitious conceits may séeme to assume more commendation , for present art and industry , in reforming the earth , them Ages of old : wherein I perceiue , and by your discourse collect , that our fathers did more in tenne yéeres , then we in forty .

Sur.

It is true , because we sawe not the earths former deformities , we dreame it was then , as now it is , from the beginning , The earth not in the beginning as 〈…〉 . whereas indeede our forefathers , by their diligence and trauaile , left vnto our forefathers , and they by increasing experience , and endeuour , left vnto vs that faire and fruitfull , free from bryers , bushes , & thorns , wherof they found it full . And this field wherein now we are , may be an instance : for you see by the ancient ridges or lands , though now ouergrowne with bushes , Lands formerly arable , now wood . it hath bene arable land , and now become fit for no vse , vnlesse it be reformed . And the bushes that are in this field , you see , are such shrubs and dwarffie bushes , and fruitlesse b●iars , as are neuer like to proue good vnderwood , nor good haying or hedging stuffe . If it were fit for either , and the country scant of such prouision , it might be preserued . But sith they haue bene so cropped & brused with cattle , and sith this countrie is full and most inclinable by nature to this kind of stuffe , more then sufficient for fencing and fewell , and corne ground and good pasture nothing plentifull , if the tenant were a good husband , he would stocke it vp and plow it .

Baylie .

I thinke it is so full of Mosse , it will beare little corne .

Sur.

The Mosse being turned in by the plowe , will rot , and these hillockes , Mole-hils , Mosse . and Ant-hils , will inrich the ground , & cherish the seed sown .

Bayly .

What graine is best to be sowne first after the stocking ?

Sur.

It seemeth to be a good stiffe clay ground , and therefore Otes are best to prepare the earth , to make it fit for wheate the next season : and after it , Oates in clay . as the ground may be by the skilfull husbandman thought fit for wheate againe or pease . But if the soile were leane and light , barly would agree better in it , and a light red rush wheat , where , in the more stronger ground , the white Wheate , and gray Ball ,

Barly in sand .

A mutuall agreement betweene graines and grounds .

( as they call it in the West parts ) is best . And in some more hot and sandie grounds , Rye , as men shall by experience find the land to like the graine , and the graine it . For there is a naturall affinitie or enmitie betweene graines and grounds , as between stomacks and meates . And therefore the husbandmans experience will best guide him . But I do not a little wonder of men in this age , whom , whether I may rather accuse of idlenesse , or ignorance , I cannot tell : for where I ha●● trauelled in sundry parts of England , I haue in many of them found many old drie pits , anciently digged in fields , Commons , Moores , and other grounds , many of them bearing still the names of Mar●e-pits , Marle pits . and by search haue bin found to yeeld very excellent Marle , first found and digged by the prouidence and industrie of our forefathers , and left by the negligence of later times .

Bayly .

But by your fauor , fat Marle , me thinks , is not good for this kind of ground , because it is a strong ●lay , it is better , I take it , for a hot and sandie soyle , and a hot chalke better for this .

Sur.

It is very true , that obseruation should not haue bin forgotten : but it is well remembred of you .

Bai.

We haue , indéed , a kind of plodding and common course of husbandry hereabouts , & a kind of péeu●sh imitation of the most , who ( as wise men note ) are the worst husbands , who onely try what the earth will do of it selfe , and séeke not to helpe it with such meanes , as nature hath prouided ; whereas if men were careful and industrious , they shuld find , that the earth would yéeld in recompence for a good husbands trauell and charge , Centum pro cento without corrupt vsurie . Grounds well manured , greatest intrest .

Sur.

I am glad you can now approue it so in reason : for I think , experience doth not yet so fully teach you . I haue knowne where land hath bene very base and barren , and so continued many generations , as ground in manner forsaken and forlorne , abandoned of the plow , which after hath come into the hands of a discreet and industrious husband , that knew how , Ill ground made good . and would take the paines , and bestow the cost to manure it in kind , hath much enriched himselfe by it , and where before it would not beare a crop of requitefull increase , by marling and good vsage , hath borne crop after crop , 12.16 . or 20. yeares without intermission . The benefit of marling , Lancashire , Chesshire , Shropshire , Somerset , Middlesex , Sussex , Surrey , among many other places , can witnesse , though not all by one kind of soyling and marling . For neither is all kind of Marle in one place , neither any one kind in all places . But few places are so defectiue , but it yeeldeth of it self , or is neere vnto some place of helpe . And men that will haue profite , must vse the means , they must not sit and giue aime , and wish and repine at others increase . There must be obseruation ▪ to marke how others thriue , inclination and imitation to do the like indeuor & charge . And if one experiment faile , trye a second , a third , and many : looke into places and persons , note the qualities of the land of other men , and conferre it with thine owne : and where there is a resemblance , marke what the best husband doth vpon his land like vnto thine : if it prosper , practise it , and follow the example of him , that is commonly reported a thriftie husband . And by this meanes , will experience grow , & of one principle of reason , many conclusions will proceed . If a man looke into Cornewall , there shall he find , that in diuers places , especially vpon the North coast , about Pa●●s●ow , that the inhabitant Farmers do soile their lands with sea sand : Sea sand , a good soyle in Cornewall ▪ which because the country affoordeth not in al places , passe for cart-cariage , men fetch this kind of sand 3.4.6 . miles in sackes on horsebacke . And poore men liue 〈◊〉 ●etching and selling it to the more wealthie . In 〈◊〉 and Somerset , and in some places of Cornewall , Sussex , and in the South part of Surrey , besides their other commendable courses of husbandrie , they burne their land , and call it in the West parts , Burning of beate , and in the South-East parts , Deuonshiring , and by that meanes in barren earth haue excellent Rye , Deuonshiring . and in abundance . In Shropshire , De●highshir● , Flintshire , and now lately in some part of Sussex , the industrious people are at a more extraordinarie charge and toyle . For the poore husbandmen and Farmers do buy , Limestones . digge , and fetch limestones , 2.3.4 . miles off , and in their fields build Lime kilnes , burne it , and cast it on their fields , to their great aduantage : which kind of lime is of the nature of hot chalke , great helpes to cold and moist grounds .

Bai.

But this kind of stone is not to be had in all places .

Sur.

That kind or some other , is to be found in or nere most places , and there is no kind of stone , but being burned , will worke the like effect . So will also & especially the beach or pibble stones burned , that frequent the sea shore in many places , Pibble and beach , good to make lime . as vpon the Camber shore neere Rye , and at East-bourne in Sussex , neere P●msey about Folkestone , and vpon the coast of Kent , vpon Orford nesse , and about Alb●row , Hoseley , and that coast in Suffolke , and sundry other places vpon the sea shore : In some places in so great aboundance , as if there were wood in competent measure , would make good & great store of lime for building .

Bay .

It is farre to fetch it : for I do not thinke , but euery land fetched 5. miles , is worth 5 shillings the cariage , and foure pence at the pit : this is very chargeable .

Sur.

Yet it quiteth the cost well enough , he that is able , Difficulties pretended , where is no will . doth find at profitable . But you are in the mind of some that I haue heard , when they haue bin mooued to entertaine a helpe for their land , either it is too deale , or too farre to fetch , or too deepe in the earth , or some difficultie they pretend in it , that few vndertake the right way to good husbandrie , like vnto them that Salomon speaketh of , that in winter will hold his lazie hands in his lowzie amnerie , and for slouth will not looke about his land in the cold , and sleepe out the time in Summer . Many difficulties and impediments preuent them that will neuer be good husbands nor thrifty . But such as mean to liue like men , will shake off the cold with trauell , and put by sleepe by their labor , and thinke no cost too great , no labor too painefull , no way too farre to preserue or better their estates . Such they be that search the earth for her fatnes , and fetch it for fruites sake . Moore earth Murgion . Many fetch Moore-earth or Murgion from the riuer betweene Colebrooke and Vxbridge , and carry it to their barren grounds in Buckinghamshire , Hartfordshire , and Middlesex , eight or ten miles off . And the grounds whereupon this kind of soile is employed , will indure tilth aboue a dozen yeres after , without further supply , if it be thorowly bestowed . In part of Hamshire they haue another kind of earth , for their drie and sandy grounds , especially betweene Fordingbridge and Ringwood , and that is , the slub of the riuer of Auon , which they call Mawme , which they digge in the shallow parts of the riuer : Mawme . and the pits where they digge it , will in few yeares fill againe : & this Mawme is very beneficial for their hot and sandy grounds , arable and pasture . And about Christchurch twineam , and vp the riuer of Stowre , they cut and dig their low and best meddowes , Meddowes cut and caried into dry grounds . to helpe their vpland hot and heathie grounds . And now of late , the Farmers neere London , haue found a benefite , by bringing the Scauingers street soyle , which being mixed as it is with the stone cole dust , is very helpefull to their clay ground : for the cole dust being hot and drie by nature , qualifieth the stiffenesse and cold of the soyle thereabouts . London soile . The soyle of the stables of London , especially neere the Tha●es side , is caried Westward by water , to Chelsey , Futham , Battersay , Putney , and those parts for their sandie grounds .

Bai.

Whether do you accompt the better , the stall or stable dung ▪

Sur.

Difference of stable and stall dung . The stable dung is best for cold ground , and the stall dung for hot grounds , if they be both rightly applyed . And of all other things , the Ashes that proceed of the great rootes of stocked ground , is fittest and most helpefull to a cold clay . So is the sinders that come from the Iron , where hammers or forges are , being made small , and laid thin vpon the cold moist land .

Bay .

I was once in Somersetshire , about a place neere Tanton , called Tandeane , I did like their land and their husbandry well .

Sur.

Tandeane , the Paradice of England . You speake of the Paradice of England : and indeed the husbandrie is good , if it be not decayed , since my being in those parts : as indeed ( to be lamented ) men in all places giue themselues to too much ease and pleasure , to vaine expence , and idle exercises , and leaue the true delight , which indeed should be in the true and due prosecution of their callings : as the artificer to his trade , the husbandman to the plow , the gentleman , not to what he list , but to what befits a gentleman , that is , if he be called to place in the commonweal● , to respect the execution of Iustice ▪ ●he be an inferior , he may be his owne Bayly , and see the managing and manuring of his owne reuenewes , and not to leaue it to the discretion and diligence of lither swaines , A prouident master . that couet onely to get and ea●e . The eye of the idle master may be worth two working seruants . But where the master standeth vpon tearmes of his qualitie and condition , and will refuse to put ( though not his hand ) his eye towards the plow , he may ( if he be not the greater : for I speake of the meaner ) gentlelize it awhile : but he shall find i● farre better , and more sweet in the end , to giue his fellow workmen 〈…〉 in the morning , and affably to call them , and kindly to incite them to their businesse , though he foyle not his fingers in the labor . Thus haue I seene men of good qualitie behaue them towards their people , and in surueying of their hirelings . But indeed it is become now contemptible and reprochfull , for a meane master to looke to his laborers , and that is the reason , that many well left , leaue it againe before the time , through prodigalitie and improuidence , and mean men industrious steppe in ; and where the former disdained to looke to his charge , this doth both looke and labor , and he it is that becomes able to buy that , which the idle and wanton are forced to sell. Now I say , if this sweet country of Tandeane , and the Westerne part of Somersetshire be not degenerated , surely , as their land is fruitfull by nature , Good husbandry in the West . so do they their best by art and industrie . And that makes poore men to liue as well by a matter of twenty pounds per annum , as he that hath an hundred pounds .

Bayly

I pray you , Sir , what do they more , then other men , vpon their grounds ?

Sur.

They take extraordinarie paines , in soyling , plowing , and dressing their lands . The manner of husbandry in the West . After the plow , there goeth some three or foure with mattocks to breake the clods , and to draw vp the earth out of the furrowes , that the lands may lye round , that the water annoy not the seed : and to that end they most carefully cut gutters and trenches in all places , where the water is likeliest to annoy . And for the better it riching of their plowing grounds , they cut vp , cast , and carry in the vnplowed headlands , and places of no vse . Their hearts , hands , eyes , and all their powers concurre in one , to force the earth to yeeld her vtmost fruite .

Bai.

And what haue these men in quantitie vpon an acre , more then the ordinarie rate of wheat , which is the principall graine ?

Sur.

They haue sometimes , and in some places foure , Great yeelding of wheate . fiue , sixe , eight , yea ten quarters in an ordinarie acre .

Baily .

I would thinke it impossible .

Sur.

The earth , I say , is good , and their cost and paines great , and there followeth a blessing , though these great proportions alwaies hold not . And the land about Ilchester , Long Sutton , Somerton , Andrey , Middles●y , Weston , and those parts , are also rich , and there are good husbands .

Bai.

Do they not helpe their land much by the fold ?

Sur.

Not much in those parts : but in Dorset , Wilt-shire , Ham-shire , Barke-shire , and other places champion , the Farmers do much inrich their land indeed with the sheepfold . The Sheepefold . A most easie , and a most profitable course : and who so neglecteth it , hauing meanes , may be condemned for an ill husband : nay , I know it is good husbandrie , to driue a flocke of sheepe ouer a field of wheate , rye , or barly , newly sowne , especially if the ground be light and dry : for the trampling of the sheepe , and their treading , doth settle the earth about the corne , keeping it the more moist and warme , and causeth it to stand the faster , that the wind shake it not so easely , Sheepes treading good for corne . as it will doe when the roote lyeth too hollowe .

Bai.

I cannot reprooue you . But I knowe grounds of a strange nature in mine opinion : for if they be once plowed , they will hardly graze againe in 6. or 7. yeeres : yet haue I seene as rich wheate and barly on it , as may well approoue the ground to be very fruitfull . Grounds long in grazing . And if a stranger that knoweth not the ground , looke vpon it after a crop , he will say it is very barraine .

Sur.

Such ground I knowe in many places , as in the Northwest part of Essex , in some places in Cambridgeshire , Hartfordshire , Buckinghamshire , Wiltshire . But commonly , where you find this kind of earth , it is a red or browne soile , mixed with a kind of white , and is a mould betweene hot and cold , The cause why grounds will not graze in long time . so brittle in the vpper part , and so fickle , as it hath no firme setling for the grasse to take rooting so soone , & in such sort as in other firmer grounds : and for this kind of ground , good and well rotted stable dung is fittest . Let vs I pray thee , walke into the next field , the Lords demeisnes , called as I take it , Highfield .

Bay .

It is indéede , a large ground you sée it is ▪ and good pasture , but so ouergone with Thistles , as we can by no meanes destroy them .

Sur.

This kind of Thistle approoueth the goodnes of the ground , they seldome or neuer growe in a barraine soile .

Bay .

Yes , I haue seene thistles in meane ground .

Sur.

It may be so , a kind of smal hungry dwarffy thistle , but this kind which you see large , high and fatty , you shall neuer see in aboundance , in a weake soile .

Bail .

But I wish they were fewer in number : though they may be a note of good ground , I find them nothing profitable , vnles it be to shrowd the vnder grasse in the parching Summer , from the heate of the scorching Sunne , for they are good for no other vse that I can find .

Sur.

That is some benefite : but the best way to kill them , Thistles , how to kill them . is to take them vp often by the rootes , euer as they beginne to spring , and either presently to rake them vp , and carry them out of the fields , or else to beate them in small peeces : for their nature is to reuiue againe like an Adder , that is not thorowly battered in the head , and cut in peeces . Such is the nature of this kind of Thistle , Thistle , the nature . that though it be plucked vp by the roote , if it lie still vpon the ground , as soone as it receiueth the euaporation of the earth , his sli●●ie nature gathers a kind of new life , and beginnes to fasten & cleaue it selfe to the earth againe , and to shoote foorth small strings , which entring into the earth againe , will bring foorth many for one .

Bai.

That is , if they be cut when they are seeded , the seedes fall and increase .

Sur.

Nay , if you cut them in their infancie : for if they be not cut often , & that , as soone as they shewe themselues a foote high or lesse , the roote will recouer , The rootes of vegitable things , like the liuer in the body . and bud againe : the roote is as the liuer in the body , from whence proceedeth all the bloud that feedeth the veines , that quickneth the body , which by obstr●ction and stopping of the passages , putrifieth . So the rootes of these vegitables , when the branches are againe & againe cut off as they spring , the roote is left so ouercharged with moisture , that it wil in the end yeeld , and giue ouer bearing , and die : as will also Rushes , Flagges , and such like , which though they be strong by nature , Rushes . Flagges . Heath . yet by this meanes they will be destroyed soonest .

Baily .

But what say you to this heathy ground ? I thinke of all other grounds , this is the most vnprofitable .

Sur.

Indeede , naturally all heathy grounds are barraine , and that comes by the saltnes of the soile .

Bai.

Doth all barrainnesse procéede of saltnes ?

Sur.

As leannes in a mans body , is principally procured by saltnes of the humor : Saltnes , hot and drie . So is barrainesse in grounds ; for salt is hot , and heate drieth , and too much drowth breeds barrainesse and leannesse . And according to the measure and proportion of the decree of hot and cold , moisture and drinesse , are all grounds fruitfull and barraine , as the bodie by these causes is fat or leane . Therefore , though heathy grounds be commonly in the highest degree of barrainesse , yet are some more in the meane then some . Some are more tractable and more easily reduced to some vse then others , and therefore hath sundry names . Heath is the generall or common name , whereof there is one kind , called Hather , the other , Hather . Ling. Ling. And of these particulars , there are also sundry kinds distinguished by their seuerall growth , leaues , stalkes , and flowers : as not far from Graues end , there is a kind of Hather that beareth a white flowre , and is not so common as the rest , Heath diuers kinds . and the ground is not so exceeding barraine as some other , but by manurance would be brought to profitable tillage . Some , and the most , doth beare a purple or reddish flowre , as in the Forest of Windsore , and in Suffolke , and sundry other places ; and this kind is most common , and groweth commonly in the worst ground . In the North parts , vpon the Mountaines and Fells , there is a kind of Ling , that beares a berry : euery of these hath his peculiar earth wherein it delighteth . Some in sandy , & hot grounds , as betweene Wilford bridge , and Snape bridge in Suffolke . And that is bettered especially , and the heath killed best and soonest , by good fat marle . Some in grauelly and cold earth , and that is hard to be cured , but with good stable dung . Heathy ground vnprofitable . But there is a kind of heathie ground , that seemeth altogether vnprofitable for tillage , because that the grauell & clay together retaineth a kind of black water , which so drencheth the earth , & causeth so much cold , as no husbandry can relieue it , yet if there be chalk-hils nere this kind of earth , there may be some good done vpon it : for that onely or lime will comfort the earth , drie vp the superfluous water , and kill the heath . But the sandy heathie ground is contrarily amended , as I told you , with fat marle and that is commonly found neere these heathie grounds , if men were prouident and forward to seeke for it . Euery of these heathie grounds are best known of what nature they be of , How to find the natures of the heathie grounds whether hot or cold , by the growing of it : as if it grow low and stubbed , it argues the ground to be grauelly , cold , and most barren ; where it groweth ranke and high , and the stalke great , the ground is more warme , and more apt for tilth , yet it requireth some kind of composte , else will it not beare past a crop or two , contenting the owner : but if men will not indeuor to search for the hidden blessings of God , which he hath laid vp in store in the bowels of the earth , The earth commanded to deny vt fruite without labor . for their vse that will be painefull , they may make a kind of idle & vaine ●hew of good husbandry , when indeed they only plow , and sow , and charge the earth , to bring foorth fruite of it owne accord , when we know it was cursed for our sakes , and commanded to deny vs increase , without labour , sweate , and charge , which also are little auaileable , if we serue not him in feare and reuerence , who is the author of true labors , and of the blessings promised thereunto .

Bai.

I thinke there is no disease in the body of man , but nature hath giuen vertue to some other creatures , as to hearbes , plants , and other things , All kinds of grounds haue their helpe . to be medicines for the same : so is there no kind of ground so meane , barren , and defectiue , but God hath prouided some meanes to better it , if man , to whom he hath giuen all , will search for it , and vse the same to that end it was prouided for . And yet this peece of ground adioyning , hath had much labour and great cost bestowed on it , and the ground little or nothing the more reformed : Furse . This fursy close .

Sur.

In deed it is a strong weed , called in the North Country , Whynns . It seldome giues place where it once footeth , Whynns . I will goe see the forme of the furses . These furses are not worth the fostering , they be dwarffe furses , & wil neuer grow great , nor ●igh , Dwarfe furses . and of little vse .

Bai.

I speake not to learne how to preserue them , but how to destroy them .

Sur.

But there is a kind of Furse worth the preseruation , if it grow in a Countrie , barren of wood . And of that kind there growes much in the West part of Deuonshire , and in some parts of Cornwall , where they call them French Furses , French F●ures . they grow very high , and the stalke great , whereof the people make faggots , and vent them in neighbour Townes , especially in Exeter , and make great profit of them . And this kind of Furze groweth also vpon the sea coast of Suffolk : But that the people make not that vse of them , as in Deuonshire and Cornewall , for they suffer their sheepe and cattell to bruize them when they be young , and so they grow to scrubbed and low tufts , Quick set hedges of Furse . seldome to that perfection that they might ; yet in that part of Suffolk they make another vse of them , they plant them in hedges , and the quickset of them make a strong fence .

Bai.

Uery silly quickset hedges , I would thinke , can be made of simple furzes .

Sur.

Such as after two or three yeares , being cut close to the earth , they will then branch and become so thicke , as no hedge , if the ditch be well made , and quicke well set , can be more defensible , being set in two or three ranckes .

Bay .

I maruell they learne it not in Cornwal , where for want of quick-set , and haying or hedging stuffe , Fences of Turffes and Stones . especially in the West parts , they are forced to make their fences with turffes and stones .

Sur.

They do so indeed , vpon the Moors there : but sheepe will easily scale their walles . But the Furse hedges which I haue seene in that part of Suff. no cattle can pierce them .

Bai.

Then are these furzes good for nothing .

Sur.

To brew withall and to bake , and to stop a little gappe in a hedge .

Bayly .

Then may we hereabouts affoord the standing of them : for we haue no great plenty of these necessaries in these parts .

Sur.

I see no store of hay boote , vnlesse it be in the Lords wood , where I thinke it be not lawfull for men at their pleasure to take .

Bay .

What meane you by hay boote ? I haue read it often in Leases , and I promise you , I did euer take it to be that which men commonly vse in hay time , as to make their forkes and tooles , and lay in some kind of losts or hay taliets , as they call them in the West , that are not boorded : and is not that the meaning ?

Sur.

I take it not : it is for hedging stuffe , namely , Hay boot , what it is . Hedge boote and hay boot the difference . to make a dead hedge or raile , to keepe cattle from corne or grasse to be mowne .

Bai.

What difference then is there betwéene hay boote and hedge-boote .

Sur.

Some there is : for a hedge implieth quick-set and trees : but a hay a dead fence , that may be made one yeare , and pulled downe another , as it is common vpon the downes in many countries where men sow their corne , in vndefenced grounds , there they make a dead hay next some common way to keepe the cattle from the corne .

Baylie .

If that be the difference , we haue some vse of it also in this country , but we want it much , as you sée , by the lying of our hedges .

Sur.

I see the hedges lye very vnhusbandly : a true note of few good husbands : for he that will suffer his hedges to lye open , and his houses vncouered , neuer put a good husbands hand to his head . Quicke-set hedges are most commendable : for they increase & yeeld profit and supply , to repaire decayed places : but dead hedges or hayes deuoure and spend , Dead hedges deuoure . and yet are seldome secure .

Bayly .

I pray , what is the best stuffs to make quick-set of ?

Sur.

The plants of white thorne , mixed here and there with oke and ash .

Bayly .

But the plants are not easily gotten in all places .

Sur.

Then the berries of the white or hawthorn , How to make a quick-set hedge . acornes , ash keyes mixed together , & these wrought or wound vp in a rope of straw , wil serue , but that they will be somewhat longer in growing .

Bayly .

How must the rope thus stuffed with the former berries be layd ?

Sur.

Make a trench at the top or in the edge of the ditch , and lay into it some fat soyle , and then lay the rope all along the ditch , and couer it with good soile also , then couer it with the earth , and euer as any weedes or grasse begins to grow , pull it off & keepe it as cleane as may be from all hindrances : & when the seeds begin to come , keepe cattle from bruising them , and after some two or three yeares , cut the yong spring by the earth , and so will they branch and grow thicke , and if occasion serue , cut them so again alwayes , preseruing the Oake and Ashe to become trees .

Bayly .

Time of quick setting . What is the best time to lay the berries in this manner ?

Sur.

In September or October , if the berries be fully ripe .

Bay .

What if a man were desirous to make a little grouet , where now no kind of such plantes doe grow ?

Sur.

How to make a grouet . Till the place with the plow , in manner of fallowing ▪ and crosse plow it , and bent the clods smal as may bee : Then sow or sett Acornes , Ashkeyes , Hawes , Hedgberries , Nuts , and what else you desire ▪ and then ●arrow it , and for some two or three yeres it were good to keepe it as free from grasse or weeds as could be , vntill the seeds were aboue the grasse , and when they be somewhat stronger , the superfluous weeds will bee the more easely culd out . I know a wood sowne of Acornes about two and twentie yeares since , the Oakes whereof are now as high as an ordinary steeple . The ground in this case must be considered : for some grounds are more naturally inclyned to foster such things , and some are not . Some kind of wood also loueth one kind of soyle more then another , as the Iuniper delighteth in a chalkie soyle , Seuerall trees and the grounds the like . as appeareth in Kent and Surrey . So doth also the Yew tree , which brooketh a light and barren soyle . The Walnut tree likewise in meane ground being hott , and the Elme a sandy earth , the Aspe , the Popple , the Alder , the Able trees moyst ground , the Oake most kinds of ground .

Bay .

I haue a peece of land , ouercome with a kind of weed that is full of prickles , and groweth a foot or two foot●high , whereof no cattell will feed , and I know no way to destroy it .

Sur.

By your description it should be Gorse or prickle broome , Gorse . a weed that groweth commonly vpon grounds ouertilled , and worne out of heart , and it commonly groweth not but in cold clay ground , and is hardly killed , but with lyme or chalke , and so plowed , & then sow it two or three crops together . And if you then let it lie , it will beare you the next yeare a cropp of course Hay , and will then yerely increase in goodnes for pasture or Hay , & so much the sweeter and thicker , if you keepe it low eaten .

Bay .

I thinke you mistake the weed , you meane , I take it , Furse or Whyns , which some call also Gorse .

Sur.

I thinke I mistake it not , but such as call Furse , Gorse , are as much mistaken , as they that call Brakes , Broome .

Bay .

Because you speake of Broome , Broome . I know a Lordship of my Landlords , which no doubt you shal suruey too , it is much pestered with Broome , and there hath beene much charge and paynes , and Art too bestowed in destroying of them , but al in vaine . They haue beene cut , stocked vp by the roots , as was thought , burnt and plowed , and yet they grow againe .

Sur.

It is the nature of Furse , Broome , Furse , Broome , Brakes , their nature . and Brakes , to keepe their standing , and hardly wil yeeld the possession once gotten in a field : for commonly they like the soyle wel , and the soyle them , & where there is a mutuall congruitie , there is seldome a voluntary seperation . And therefore , as long as there is not a disturbance of their possession with a contrarie earth , they will keepe where they are : for as the Fish loueth and liueth in the water , the Camelion by the Ayre , the Salamander in the fire , and either of them being taken from his element , wil die . So these kinds of weeds ( for so they may be called ) as long as they possesse the soyle they affect , doe what you can , they will liue . And therefore as the soyle is commonly barrain hott , How to kill Furse , Broome , and Brakes . and dry wherein they liue , make this ground fatt and fruitfull , and they will die . And therefore the greatest enemie that may bee set to incounter them , is good and rich Marle , and thereupon , the Plowe some few yeeres together : And you shal see , they wil shrinke away , and hide their heads .

Bail .

But commonly this kind of fatt Marle is not to be gotten in all places ; nay seldome where these barren grounds are .

Sur.

It is true , they commonly come not , and say to the lazie husbandman , Here I am . It is the nature of all things to couet rest , and where dumbe and dead th●ngs ●urke , is not easily found without diligent search , All hidden benefits must be sought for Gold , Siluer , Brasse , Tynn , Lead , Cole : Slate , and great Milstones , shew not themselues voluntarily , but are found by scrutation and discretion . And I thinke , many treasureable blessings lie hid from slouthfull men , for want of search , and worthily . So doth this notable commoditie of Marle , from the eyes of the husbandman , vntill he diue into the bowels of the earth , to seeke , and admit hee misse it here , he may find it there , if he fayle to day , he may get it to morrow . But Thryft hath no greater enemies then Ignorance & Idlenes . Ignorance and Idlenes enemies to thrift . The one perswades it cannot be , the other , it wil not be . And betweene these Weeds , Bryers , Thornes , Thistles , Furse , Broome , Gorse and a thousand markes of the first curse annoyous , which by the blessing of God , Industry , and charge might easily and shortly remoue more out of our sights : And yet if the view of them daily could make vs or mooue vs to call our first disobedience obedience to consideration , & repentance , I would wish thornes to grow where corne stands . But sith no spectacle of former threats , no vse of present blessings , will moue the hard harted , either to seeke by labour or charge to reforme these euils , easie to bee reformed , Let vs leaue to discourse , None should be idle . and he that hath vnderstanding , and will , let him vse them here in this toylesome life , and not be idle : for if we do what wee can , these cankers will follow vs , these inconueniences wil annoy vs , and will procure euery day , new labour , and newe cost , and newe diligence , and newe Arte , to make vs know , that Omnia proposuit labori Deus . Man of necessity must labour . And when he hath swett and toyled , and bestowed all his skil & vtmost charge , if God add not a blessing , all is lost . Paul may plant , Apollo may water , but if God giue not the increase , the labour is vaine . God maketh a fruitfull land barraine , Ps. 107.34 . for the wickednes of the people that dwel therin there is a curse . Againe , A handful of corne sowne vpon the tops of high mountaines , Psal. 72.26 shal so prosper , as the fruites and eare , thereof shal shake like the high Cedars in Libanon . Here is a blessing . It is a gracious thing therefore to feare and reuerence him , whose blessing and cursing so much preuaile , and to pray to him for successe in our endeuors , and to glorifie him for his blessings .

Bai.

You haue diuinely concluded : And I wish not onely the wordes of mouth , but the substance of your meaning were fully ingrauen , and truly seated in the hearts of all that labour . So , no doubt , but the Lord would bee alwayes readie to blesse their indeuours : Although indeed Iob saith , The earth is giuen into the hands of the wicked , Iob. 9.24.8.21.7 . and they waxe old and wealthie . And Dauid in diuers and sundry places declareth that the wicked prosper most ●n the world . And I tell you , it is a daunting vnto weake men , that thinke they serue God truely , and many tymes it goeth worse with them , then with such as seeme seldome or neuer to call vpon his name .

Sur.

But when Dauid considered the end of these men , Psal. 37.22 he could say , that the Lord had set them in slippery places . And that they that are blessed of God , shall inherit the earth : And whatsoeuer they do , it shall prosper . Therefore I say , that he that commendeth his labour vnto the Lord , and the successe of all his indeuors vnto his diuine prouidence , who doth and can alwayes bring all things to passe for our best good , whether it bee the full fruits of the earth for our releefe and comfort , or scarcitie and want , for our tryall , Psal. 1.3 . he is sure to stand fast , and shall be as a tree planted by the riuers side , whose leafe shall neuer wither : And in the same time of dearth , he shall haue enough to sustayne his necessitie .

Bay .

It is a good and holy resolution , on which all men ought to rest themselues , with a faithful and patient expectation . And therefore hee that hath far● and fruitfull ground , let him bee laborious and thankfull : and hee that hath leane and barraine , let him be painfull and patient .

Sur.

You say well , and so I leaue you . And for other matters , & better satisfactions in these things thus superficially discoursed , I referre you to the aduice of the better able to resolue you . I will returne to my former taske .

Bayly .

I thanke you for your patience and pains , and I commend you to your labours . And as your occasions shall challenge my further poore seruice , I shall be readie .

FINIS .

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