THE MOST PROFITABLE AND commendable science, of Surveying of Lands, tenements, and Hereditamentes: Drawn and Collected by the Industry of Valentyne Leigh. Whereunto is also annexed by the same Author, a right necessary Treatise, of the measuring of all kinds of Land, be it Meadow, Pasture, Errable, wood, Hill, or Dale, and that aswell by certain easy and compendious Rules, as also by an exact and beneficial Table, purposely drawn and devised for that behalf. ¶ Imprinted at London for Andrew Maunsell. Anno Domini. 1577. Valentine Leighe to the gentle Reader. seeing that I do now at this time entreat, not of any vain fable or trifling toy, but of such earnest and serious matter, as toucheth the profit of most men, and the benefit and commodity of each manner of person: I humbly beseech all men (inasmuch, as the thing itself, appertaineth to every man) that in reading thereof, they will vouchsafe, to hearken, attribute, and grant, such diligent and willing ear, mind, and attention, as they are accustomed, and use to do, in those, or such cases, which they account most weighty, grave, and necessary; & which they are most desirous to know, learn and understand. And first, let this one thing, be well pondered amongst you, who is it of us all, that having any thing (whatsoever it be) which may be made double or triple more profitable, to him by good government, usage, and oversight thereof, than the same is at this present, and had rather suffer it to run to loss, and decay, than he would once (by giving a little earnest attentive diligence) read, hear, and understand the means by which he may, or might, not only better the thing which he possesseth, but also thereby so much increase his advantage, growing by the same. And seeing the science of surveying of lands, is the matter, whereupon this present book entreateth, which teacheth the government of the manours, lands and tenements of each person, and how to make a perfect survey of the same, to most profit. And also, how to engross your terrors and rentals thereof. And finally, how to measure all kinds of land, be it Meadow, Pasture, Errable, Wood, ill, or dale, & in what form or figure so ever it is fashioned, or commonly lieth, with the form, how to understand the contents thereof, aswell by a beneficial Table, already & plainly made for that behalf, as otherwise by the ordinary Rules to the same appertaining. All which things, I have (gentle Reader) not without painful travel for thy commodity, hereafter described. I shall therefore, for my reward, or recompense thereof request no more at your hands, for my travel therein, but only, that it may please you, to take my poor good will, and intent in thankful part, and the rather, because I humbly submit my whole work, unto the correction of the learned, if I have (by oversight or otherwise) mistaken the matter. And although some perchance shall think, they could have done the same much better than I have done, I will not much contend, in the confessing and granting thereof. But yet seeing I am one of the first, that attempted the collecting of the same Art into a volume, to the publication thereof, for the benefit of the common wealth, I do not mistrust, but every indifferent person, will think these my labours (joined with some study, and taken in hand for his instruction) at the least wise, so much worth, as the deserving of a bore good word, and friendly report: always remembering, that although most men, can perhaps amend a devise once begun, yet that every first devise, in every thing, is most hard, & troublesome: and therefore albeit here now, not so exquisitely handled in every point at the first, as it may be hereafter, being (as the Proverb saith) much easier to amend, then to invent: yet I humbly pray thee, not by carping or otherwise, to deprave the authors honest meaning. And I assure thee, by this thy friendly acceptation of these first fruits of my simple studies, thou mayest perchance so animate my willing mind, that thou shalt gain to thyself thereby, the fruition and commodity, of my other like studies in such behalf. And thus I can say no more, but wish every man asmuch profit, and benefit in reading hereof, as my willing attempt herein hath intended them. And so I end bidding thee gentle Reader most heartily well to far. This xxvij of October. Anno Christi. 1562. ❧ The true and most lively and perfect description, and instruction, of the most necessary and commendable Science of surveying of Lands: drawn and devised by the industry of Valentyne Leighe. LIke as Lands and tenements, and like revenues of inheritance are the chief and most principal livelihood, and surety of living, that any person or persons, of all manner of degrees whatsoever, have or stand seized of, or possessed, in this life: Even so, the Surueiing, governing, and prudent improving, preserving, augmenting, and guiding of the same, is the most weighty, profitable, and necessary function, or office, that any person can have, or aught chiefly and circumspectly to provide for, as the mean and only thing by which, and of the which, every manner of person, yea, with his wife, children, and family (if they have any) while they be in this world▪ are sustained and maintained: and therefore, the same is 〈◊〉 other things, requisite moste vigilantly to be sought for, learned and known. And like also, as every other Science, or Art, hath some special rules and grounds, upon which the whole Science dependeth. Even so also, this faculty hath his distinct natural principles, upon the due understanding, and observing whereof, all the residue of the Science or office, or in any wise thereto appertaining, consisteth and is grounded. It behoveth therefore him, whosoever coveteth to be a good and perfect Surveyor (either of his own lands, or other men's) specially to note and consider, that in taking, or making of every Survey of any Honour, Lordship, Manor, Borough, Village or Hamlette, or other Lands, tenements, or hereditaments, he aught diligently to observe the precepts and instructions hereafter mentioned, which do declare not only the perfect manner and form, first of viewing and surveying the same, but also (the same so Surveyed) how to pen, keep, set out, order, enter, and engross the several books of Survey, Terrors, and Rentalles of the same, every one in their due order and form, without any disorder or confusion. Wherefore you shall understand, that there be ten soverall Principles, or Rules, to be had in memory, which are these that do orderly ensue. ¶ The first Principle, or Rule. Forasmuch as every manner or parcel of Land, that is called a Manor, is not properly or naturally a Manor, except it have those things that doth make a Manor: It is therefore most necessary, that he which will be a good Surveyor, do understand, which be the special notes and grounds, by which he may, or shall know or discern, which is properly a true, and very manor, and which not. That he do not wrongfully term that to be a Manor, that of itself is none (& e converso) that to be none, which in very deed is a Manor. I have therefore drawn this brief enclosed description, and definition of a Manor here now next and immediately following, to inform and instruct you, both what is naturally a Manor, and also the division and parts of the same, that ye may readily, even at the eye, perceive the same described plainly unto you. The true description definition, and division of a Manor. Every Manor, that is properly a Manor, must first be known to have been called and used as a Manor, since before time of memory of man. For no man can make a manor at this day, ne join two several manours in one, though the one were decayed, and that the Lord would bring the tenants of both to one Court, and make but one homage of both, or assign one Bailie or collector for both, or let the several values of both, be answered in one ministers particular account, yet in nature they are, and ever shall continued two distinct manours at the common Law, what way soever the Lord can, or would take for the joining of them, by the better opinion of most learned in the Law, unless the one Manor doth hold of an other, and that the Manor, which so doth hold of the other, do excheate to the Lord, and so by that means it may be united, or annexed to the other, and so both of them reduced into one Manor. And more over note specially, that every Manor hath properly, and naturally these three several principal things ensuing (in the right margent hereof) which always make it a Manor, or else can it never be properly a Manor. videlicet Landes, tenements, rents, services, and hereditaments, that be parcel in demesne, and they do contain Every Scite of any Manor, sometime called the Halle place, or Court lodge, or Manor house, and also the demesne lands, thereto of old time belonging, be they reserved still in the lords hand, or let out to any tenant or Tenaunces by Copy, Indenture, or otherwise. And those lands are ever properly Demaines, which the lord of any manor hath time out of mind of man used, to keep in his own hands, or continually to manure or occupy them with his Manor house. Lands, tenements, rents, services, and hereditaments, that are parcel in service, and they contain, All manner of rents of assize, of Frehold, or customary, or Copiholde lands, tenements, or hereditaments which are parcel of the Manor, and yet no Demean lands, and these (and also Demaines) are divided into three natures of rents. Videlicet. Rent service Rent sack. Rent charge Also a Court Baron at the least, a Manor ought to have, if it have a let, or law-day to it, then is it of more efficacy, and to a Court do appertain perquisites, and casualties which are these. Fines Terrarum. Amerciament. Cur. Herriott. custumar. Relevia. Waviat. Straia. Forisfactur. Escact. Proficua plitm. Curie Baronis, autlete. Curie trium Septimanarum. etc. These things also are, or commonly may be, belonging, or appurtenaunte, regardaunte, or appendent, also going out, repried, or deducted, of, or to any Manor or Lordship, and yet the lack of them, or having of them, can never make, or else unmake any Manor. Wards, Marriages, Patroges, fréegiftes, or Presentations, Nominations, or Aduousons of Parsonages, Vicarages, chapels annexed, free chapels, Prebends, etc. Also Villains, Neifes, and their sequeles, etc. Commons of Pasture, Moors, marshes, frewarrens, effovers etc. Customs, liberties, franchesies, and privileges. Also reprises of all kinds that is to say, yearly rent resolute, payments, or deductions. Suit of Court, tenths or services going or repried out of any Manor or lands, to any other manor or Landes, or Person or persons. ¶ The second Principle or Rule. SEcondarily (The first rule known) he that will diligently, and perfectly, survey a Manor, or other Lands, must prudently consider, all manner of Rents, Issues, profits, and other things whatsoever, doth or aught, or may be, belonging, or appertaining, to a Manor, or be part, parcel, or member of a Manor, or be appendent, or regardaunt, to a Manor or such other lands, or tenements. And likewise what Rents, Resolutes, reprises, or deductions, may be commonly paid, deducted, or yearly repried, out of any Manor, lands, or tenements, to any person, or persons, or else he can never, make any good survey. And for your better instruction herein (although I have partly, in the first Rule, briefly touched the same) I do now here in this second Rule, not only more amply, and distinctly, declare the same: but also plainly, and particularly describe the several natures and definitions of every kind of thing, that commonly doth, or can belong to any manner of Lands or tenements. And therefore you shall understand, that every Honour, Lordship or Manor that is of itself, properly a Manor, it hath commonly, and for the most part, these Six things ensuing, belonging to the same, that is to say. 1 Rents. 2 demesnes. 3 Perquisites or casualties. 4 Things appendent, and regardant. 5 Customs, Liberties, and Privileges. 6 Reprises resolute, or deductions. And first I will begin to declare of all manner Rentes. Rents of Lands, and Tenements holden at william. THere may belong to a Manor, Rents of Lands, Tenements, Messages, Burgages, Cottages, Curtillages, Toftes Roveles, Tenements, mills, Dovehouses, barns, Stables, gardens, Orchards, Parks, Warrens, Meres, Waters, Pondes, Stagues, Fishinge, Meadows, Closes, Croftes, Fields, Pastures, Woods, Groves, heaths, Firzes, Moors, Marshes, Turbaries, etc. Granted, to any person, or persons, at the lords pleasure, or will, for some yearly rent, certain, paiable, at two or four feasts of the year, usual by even portions. And such parsons, are commonly called, tenants at will, and these are removable, at the pleasure, and will of the Lord, and these also, commonly are not chargeable, with repairing their tenements, or holdynges, but they are punisheable for waste, by action of trespass, if they commit any in the same, and are straineable for their rent. Rents of Lands and Tenements holden for term of years. There may also belong to a Manor yearly rents, of any Lands, Tenements, Burgages, etc. (as aforesaid) that are demised, to any person or persons, by Indenture, or without Indenture, or writing (by word or parolle only) for term of year, or years, for some yearly rent, certain, paiable, at two, or four feasts, of the year, by even portions, and such parsons, are called tenants, for term of years, and are bound, to such reparations, and other duties, as the covenants, or promises in their leases do contain, and they are chargeable with waste, if they do commit any, and are strainable, for their rent of common right, or may be justly sued for the same, by action of debt if it be arrere. And such are not bound to appear upon juries at Westminster, nor at Assizes or Sessions, unless they may dispend xl s. of Fréehold otherwise. Rents of freehold Lands. Also, there may belong to a Manor, rents of Fréeholders, that hold their lands, tenements, or hereditaments, of the lord of the Manor, some in Capite, by knight's service, escuage uncertain, or Graundsergeauntie, and some by Soccage or Burgage tenure, by paying yearly a Rose, a pound of Pepper, or Capons, Hens, or such like, and some (both the Fréeholders) tenants in Capite, and tenants in soccage) pay a yearly rend besides their services, and some time no Rent. And such Lands and tenements, etc. they have to them and to their heirs, and the same is commonly called Freeholde, and those tenants and tenants for term of life, are always called Fréeholders. And sometime also, they hold by certain Services. And every such Tenant, oweth fealty to their chief lord. And such tenants always, if they may dispend by their said tenements, xl. s. a year or above, are likewise chargeable upon juries at Westminster hall, and at Assizes, and Sessions, and may also implead, and be impleaded (if occasion so require) for their tenements, at the courts at Westminster without the lords licence as aforesaid. But such tenants are not commonly chargeable with waist, if they do any upon their said fréeholde tenements, tenants for term of life only excepted. And you must note there are sundry kinds of free holder's. Some hold their land by Charter, some by new Feoffament, and some by old Tenure, and by many manner of rents, Customs and services. And some be tenants in fee simple, and some tenants in tail, and many such like, and may hold their Lands by divers customs, services and tenors, as by homage and fealty, and as I said before by knights service, graundsergeanty, petiesergeauntie, escuage, Frankalmo●ne, Homage auncestrell, tenure in Soccage, Burgage, and villeinage: for the further knowledge whereof, I refer you to master Littleton. And note also, that the Lord of such tenants, if he have any rents, customs or services, detained from him, which he can by any evidence, rentals or Court Rolls, prove a possession thereof, in himself, or his Ancestors since the limitation, in the statute of Westminster, the second: Then he may lawfully distrain for the same. And these Tenants be straineable by their Lords, if their Rents or services be arrere, unpaid, or undone. And also a writ of Cessavit, lieth against them, if occasion so serve. Also the Lord may have a writ of excheate, if any such tenant do commit felony, or dye without Heirs general, or special. And such Tenants, do commonly pay, a relief to the Lord at every alienation, exchange or death of any tenant of the same. And note also, there may be also foreign fréeholders, which hold not of the Manor, and yet hold of the Lord. And it is further to be specially remembered, that all such tenants as hold any Lands, tenements or hereditaments by charter, deed, or Indenture, for the term of their own lives, or by le curtyze de angleterre, or for the term of another man's life, are always Fréeholders. Rents of Lands holden by ancient demean. There may be also belonging to a Manor, rents of Lands, tenements and hereditaments, holden of the Manor, by custom, called ancient demesne. And in some places the whole Manor is Ancient demesne. And the tenants also pay some a Rose, some a pound of Pepper, some Capons, some Hens, and such like, both with an yearly rend in money, and some without a rent, and by certain homage, and fealty, and such services. And the tenants of such Lands and tenements, have the same to them and their Heirs, according to the custom of ancient demesne. And such tenants can not implead or be impleaded for their Lands or tenements, in any other court, but in the lords court of the Manor, without the lords licence. And these tenants, are not chargeable upon juries at Westminster, or at Assizes, or Sessions, unless they may dispend other freehold lands of xl. s. a year. These tenants also, are straineable, if their rents be arrere. If they commit waste, they forfeit their Tenauntries by their custom. These Tenants, pay commonly at every alienation, death or exchange, a fine certain, by their custom. In some manours such Lands are heritable, in some manours not. There may be also belonging, to a Manor, Rents of other Lands, tenements, Messages, Cottages, etc. (as aforesaid) that are customary and demised to any Tenants of the same Manor, by copy of court roll, at the will of the Lord, according to the custom of the Manor there, either by the verge, rod, or otherwise. And in some manours, the tenants, hold their said customary tenements, to them and to their heirs, in fee Simple, or in fee tail, by copy of court roll, and in some manours, for term of years, and in some manours for term of three lives, according as the custom of every Manor hath been time out of mind of man used. And these lands, be properly called Copy holds or customary tenements. And in some place they be called old aster lands. And in Somersetshire, Devonshire, Cornewal, Dorsetshire and Glocestershire (where most manours have commonly those customary Rent service which is properly all such lands as are holden of the lord by Fealty, and certain rent, or by homage, Fealty, and Rent, or by any other service, and certain rent, of which nature are these, of customary Lands and tenements holden by copy of Court Roll at will, according to the custom of the Manor etc. Lands. (such lands and Tenements are there called Bargains) and these cannot implead or be impleaded, for their tenements out of the lords court, of the Manor whereof they are holden without the lords licence, neither are they chargeable upon juries at Westminster, nor at Assizes, or Sessions, unless they may also dispend other fréehold, of xl.s. yearly or above. Also if these tenants commit waste, they commonly forfeit their lands, to the Rentes Lord. And these tenants cannot cell, alienate nor exchange, their Lands by Deed, Fine, or Feoffament. But must surrender the same into the lords hands before the Steward (or in some place in the presence of two other Tenants of the Manor) to the use of him or them that shall have the same lands, be it in fee simple, fee tail, for term of life or years, according to the custom of the same Manor. And that person that should have it, must in the Court take of the Lord or his Steward, the same Lands and tenements so surrendered And these tenants are ever also straineable, if their Rents be arrere. And they also pay commonly at every alienation, death, or exchange, and surrender of their Tenements a fine (in some manours certain and known) but in most manours uncertain and at the Lords will, as he or his Surveyor, or his Steward being thereto authorised, pleaseth to assess the same, with the agreement of the Tenant that taketh it. And in most manours these Lands are heritable. And note specially for a general Rule, that there may be of Customary, or Copy hold Land, all manner of like estates, as there may he, of free hold land, at the common law. Rents of customary land, held by custom called tenant right. There are also Rents, of much like nature, of customary and copy hold Lands, and tenements belonging to manours, in divers places, and specially in the Counties of York, Westmoreland Cumberlande, Chester, Lancaster, and the Bishopric of Durham, and some other Counties, dimised also according to the Custom of such manours, to the tenants of the same, in some places to hold to them and their heirs, and next of kin, so long as there is any of the same stock, kindred or lineage remaining. And in some manours, but only so long, as there is any left of the name, and they commonly call such holdinges in those places, Tacks, and in some other places, they are called tenant rights. And these also can not implead, or be impleaded out of the lords Court, of the Manor, for their Lands or Tenements without the Lords licence, nor are chargeable upon ●●●ries, at Westminster, or at Assizes, or Sessions, except they may dispend yearly xl. s. of other freehold land, as is aforesaid. These also commonly by their custom, forfeit to the Lord, their Tacks or Holdinges, if they commit any waist. They are also strainable for their rents, if they be arrere. And the Fines (upon every exchange or death of tenants is in few of those manours also, certain and known. But in most of those manours, uncertain, and to be assessed, as the Lord or his Officer, and the Tenant can agreed for the same. And commonly also their said Tacks, Tenant rights or holdings are heritable. Memorandum, no manner of parson, can make his Lands, Copiholde, or customary at this present day, unless the same have been customary land time out of mind of man used. But a man may make Copiholde, freehold, even at this day. Memorandum, Also there may be, belonging to a Manor in one shire or place, yea and parcel of the same Manor, divers lands and tenements in other Towns, and sometime in other Counties, a great distance from the Manor, and answerable, and to be valued in the value, or account of the same Manor, and as parcel of the same. And now that I have treated of Rents, of Lands and tenements, and hereditaments at large, in a generality, which do or may belong to a Manor, I will now touch in a specialty the nature of certain Rents, of several names or kinds which are contained also in the compass of the Rents above generally declared, and yet, for your better instruction) hereafter particularly touched, which are these ensuing, and such like. Redditus Agistaments & herbagij. Rend of juistement, or herbage, is where a Tenant holdeth, or occupieth only the feeding, grazing, or pasture, of a Park, or any other ground, paled, or enclosed, wherein any Dear, or such like are: and commonly the Tenant of such juistement or herbage in some place must put but a number of cattail certain, and at some special times of the year, and perchance but the tenants beasts of the Manor only, & in some other place the Tenant may put in beasts sans number, and when he will, and yieldeth a yearly rent for the same. Redditus molendinorum, cuiuscunque generis. Rend of mills, is where the Lord of a Manor hath belonging to his Manor any manner of corn mills, horsmilles, watermilles, windmills, or quarnes for grain or other mills, as smithmilles, iron mills, fulling mills, seethe mills, cutler mills, Tin blast mills, Led blast mills, or such like, and hath let the same to his Tenant, at a Rent, or hath demised the Socome, which is the grinding of his customary tenants Corn, at his Corn mill to any person for a yearly rent, etc. Redditus Garborum & feni. Rent of Corn, or Hay, is where the Lord hath granted any Lands, or tenements to his Tenant, yielding the yearly rent of some certain number of corn, or Hay. Also it is properly, where a tithe is impropriated, to a Manor, and the Lord hath demised the same to his Tenant at a rent. Redditus Piscariorun. Rend of Fishings, is where the Lord of a Manor, hath demised to any parson, any Wears, Garthes', or such like in any creak, River, mear, Poole, pond, or common Sewer or several water, or such like, or the fishing called the Kettles at the sea side, or the dredging of Oysters, Muskels or Cockles in any creeks, or other places, within his Manor, at a yearly Rent reserved, for the same. And note, that if any Fish the several waters of the Lord, without the lords licence, the Lord may bring his action against the party, upon the statute Westminster the first. Redditus Cignorum. Rend of Swans, or for Swans, is where the Lord hath great Rivers, Meres or fens, and hath Swans breeding within the precinct of his manor, and hath demised them to a tenant for a yearly rent reserved: this rent is much in ure in Lincolnshire, Cambridgeshire, etc. The like Rent, may be and in some manours, is of Herneshawes, Shovelors. etc. Redditus Mineralium. Rend of Mines, is where the Lord of a Manor, hath demised any Mines of Tin, Led, Copper, or Coal to any of his tenants, therefore reserving a yearly Rent, out of the same, or any other such like Mines. Redditus Quarrium. Rent of Quarries, is where the Lord of a manor, hath likewise demised any Quarires of Free stone, Hard stone, or of Marble, Slate, Whetstones, or such like, or of Gravel, Sand or Chalk, or such like to any tenant, reserving to him out of the same an yearly rent. Much like this rent, is the Rent of a piece of ground having slimy or clayey Earth, whereof Rents of all natures or kinds. Brick & Tile is made, when it is let to a Tenant at an yearly rent. Rend of free Warrens, is where the lord of a manor, hath in his Park, Wodds, heaths, Commons, or other grounds, waist or several, any Warren of Coneys, Hares, Herneshawes, or any other beasts, or fowls, & that he either keep the warren in his own hands, or demiseth the same to any parson, at a yearly Rent. Redditus liberorum Warrennium. And note, that if any parson kill any such his game, within the Lords ground, the Lord may have an action of Trespass against him, at the common law. Memorandum, no man can have a free Warren, but he have the same, by the King, or queens special grant of Charter, except it have been used time out of mind and allowed before justices of Oyer. Annual rent of pension, or portion, is where, there Redditus pencionum & porcionum. is any yearly Rent, or pension in money, or other Portion going or growing due, out of any other lordships or manours, Lands or Tenements, Parsonages, Vicarages or Tithes, belonging to a Manor, and before time granted to the same Manor by some composition, or for some liberty of way, watercourse, or such like. Some account this no Rent. Redditus operum custumariorum. Rend of works, is commonly where the customary tenants, of a Manor are bound by their custom to help the lord in Sowing time, Mowing time, or harvest, some with three Days work, some with four days work, some with more, and some with less, according to the custom. And where the lord is agreed, or at composition with every of his tenants for a yearly rend for the same, or else hath demised the whole day-works of the whole manor to some one tenant, at one certain and entire yearly rent reserved, then is such rent called Redditus operum custm. Else is it no Rent. Redditus pro licentijs. Rend yearly reserved for licences, is where the customary tenants, by their custom can not let or set their lands above a year, or but from three years to three years. And that they give the Lord a yearly rent, to licence them, to let or set the same for more years or longer time. And also it is where the customary tenant cannot stock a wood, or till his Lay ground, without the lords licence, and for the licence hereof, yieldeth an yearly rent. But in some manours the Tenants give but a Fine for the same, and no yearly rent. Rend called new rent, or increase of Rent, is where the Lord hath suffered his tenants, or any of them to build or novus Redditus. set any Wall, Barn, stalle, or House, upon any part of the lords waist, or some, or that the Lord hath granted any tenant to enclose any part of his common or waste ground, or such like, and reserveth to himself an yearly Rent for the same and such like. Memorandun, there are some kinds of Issues, and yearly Profits arising in some manours, which are not properly called rents, because of their uncertainty, because some year they may be more, and some year less, and such are these four ensuing, and their like, and where they are certain, they are in nature of rents. Proficua nundinarum sive mercatuum. Rend or yearly profit of Fairs and Markets is where there is any Fair kept within the Manor, once or twice a year, and the Lord hath demised the profits of booths, standings, Tolles, and such like profits, of the Fair, at a rent, to any of his tenants. And in like manner of profits of booths, standings, shambles and tolls or other profits of a weakly market, kept once or twice a week within the Manor. Venditio boscorun & Subboscorun. Profits of woodsale, is where sometimes the LORD of a Manor doth make a yearly sale of his woods, and sometime it may be a yearly rend also, when the lord of a Manor, hath let to Fearme at a rent, to some of his tenants, the sale of a great Wood, which is perchance growing in his Common or waste, or such a Would whereof he keepeth the herbage for himself, or other his tenants, and reserveth an yearly rent, and in like manner may it be of Bushes, Thorns, and gorsse. etc. Rend or profit of Heath, Furses, or Turbarie is even like, where sometimes the lord of a Manor doth either make a yearly sale of the same, Venditio jampnorun, Bruere & Turbarie etc. or else let to Fearme the Furses, Heath, or Turfs of some Moor, or enclosed ground, to some of his tenants, for Fuel at a Rent. And in like manner it is in some manours of Broome, & Fearne, or Brakens. etc. Pannagium Porcorum. Pannage, is where the lord of a Manor hath a Park, or some great woods, that hath store of mast, of Oak, Bech. etc. and hath used to take of his tenants, for every of their Swine that shall go there between Michaelmas, & Martilmas, in some place i d. a piece, in some Manor ij. d. a piece etc. by his Bailie or Fermer of the same manor, who either yieldeth a yearly rent therefore, or else a yearly account of the said Pannage to the Lord. etc. There may also belong to a Manor, Rend charge, which is commonly where the Lord hath alienated, or granted some part of Rent charged his Manor, or Lands, to any person and his heirs in Fee, by Indenture enroled, Fine, or Feoff●mente, or otherwise: Reserving a yearly rend to himself, and his heirs, paiable at two or four Feasts of the year, and in the same grant thereof, hath put a proviso, or clause of distress, that he may lawfully distrain, if the Rent be arrere, after any feast of payment, in which it shallbe due. Also every Fee farm, where the Lord may distrain for his rent, if it be unpaid, is a Rend charged. And a rend charged can in no wise be apportioned, if the grantee or his heirs, do purchase any of those lands, that are charged with such rent: the grantee and his heirs may be charged in person for this rent, unless there be express words in the Deed by proviso made to the contrary thereof. Rend seek There may also belong to a Manor, Rend Sack, which is always where the Lord or his ancestors, Lords of the same Manor, have granted to any person, any parcel of Land, to him, and his heirs, in Fee simple, or in fee tail, with remainder over to an other in Fee or such like, reserving a yearly Rent. And yet in the said grant, or writing thereof made, there be no clause of distress, or proviso of re-entry: that the lord may distrain, or re-enter for non payment of the Rent, if it be behind unpaid after any feast or day of payment. And therefore it is called a dry Rent, because it can not be strained for: And if the person and his heirs, to whom the Rent, seek is granted, or reserved, had never season thereof, he is as some men judge, near without his remedy for recovery thereof. But if he have had once season thereof, he may recover it well enough, by a writ of novelle Disseason at the common law. Annual Rent. There is also an other manner of Rent, called annual Rent, which is commonly when a man granteth to an other by Deed, an Annuity of x. s. or xx. s. a year, or such like, more or less. And that there is in the Deed, no land charged, with, or for, the payment thereof. This rent is neither Rent charge, rent service, nor Rent seek: (and it chargeth the person of the granter, by writ of Annuity) as some men's opinion is thereof. Demaines, princiyallie is the Manor place, which is sometime called the hall place, sometime the hall court, sometime the Manor house, etc. with all the houses, buildings, edifices, Barns, stables, rooms, courtelages, and yards, & courts to the same adjacent, or with in any wall, or preciucte of the Scite of the same. Also the Dovehouses, and all Orchards, Gardens, Ponds, Pools, Motes, Stagnes, walks, and like places, adjoining to the manor house, or near the Scite of the same, are commonly also parcel of the demeans. Also all such Lands, Meadows, Pastures, Féedyng, Closes Croftes, and enclosures, as the Lord of the Manor, hath commonly used to manure or keep in his own hands, or occupation, together with his Manor place, is also commonly parcel of the Demesnes. Demaines of a manor. In like manner, a Park, or any Woods, or Groves, or any Meres, Rivers, Pondes, or Fishynges, may be parcel of the demeans of a Manor, if the Lord or his ancestors, have time out of mind of man, occupied the same with his Manor place. Also (some exempt) Wastes, Moors, Marshes, Fens, and also Turbary, which may be part of the Demaines, if the Lord have used time out of mind, to occupy them in his own hands. And finally, for a general rule, all those lands, tenements, and her editamentes, are commonly called, known, and taken for Demeisnes whatsoever the Lords of any Manor, or Lordship, and their ancestors have been accustomed, time out of memory of man, to occupy in their own hands, with the Manor place or head hail house of his Manor. Memorandum, by the better opinion of the learned in the Law, no Demesnes can at this day, be demised by Copy, but by Indenture, unless the same have been so used to be let, time beyond all men's remembrance. Quaere. Fines terrarum. Fines of lands, is commonly where any Copiholde land falleth into the lords hands of the Manor, or into his disposition, by death of tenants, excheate, forfeiture, or otherwise. And the Lord or his officer granteth the same to any tenant, for term of three lives, or for years, or to him and his heirs, or by tenant right, according to the custom of such Manor, whereof the same is holden, and for such customable rent, and services as before hath been accustomed. And for such estate to be had in the same, the tenant commonly giveth the lord, some sum of money, which is called his Fine. And sometime such customary fines in some manours, are always one, and certain, and never augmented: And in some Manors, their fines are most commonly uncertain, and at the choice of the Lord, how much he will take. Also when the Lord of a Manor letteth a piece of Land customary, or not customary, by an Indenture or Lease, for term of life, or years, to any person, and reserveth an yearly Rent, and taketh a fine, or income for such grant, or demise: the same is also called Finis terrarum. Also where one Copy holder, will, or doth make surrendour of his tenement or holding to an other, and giveth the Lord a Fine for the same Surrendour, it is also called Finis terrarum. Also where a tenant giveth the Lord a Fine, to licence him to Ti●●e and ●are his lay ground, or to let or set his customary Land to an other for years, by Indenture, or otherwise and such like, it is commonly entered among the title of Fines terrarum. Amerciaments are also parcel of the perquisites of courts, and are diverse, and they are all Sums, Penalties, and minas, wherein the tenants are amerced, by the Homage or Ferrous, of every Court, let, or law day of a Manor, for lack of suit of Court, and other sundry faults, and offences. And as when they be Fréeholders, or Copy holder's, and own Suit of court to a Manor, and make default, or be absent at the lords Court, and be not there, and be therefore amerced. And some such fréeholders, are at their fine certain, for their suit of Court, and that is called communis finis, which common fine is set on the heads of such Suitors, in the margin of the court roll. All other Suitors, that are not at their comen Fine for Suit of Court, are amerced for their absence, by the title of . upon their heads, in the said margin of the court roll. Amerciaments of all sorts, for Suit of court, common trespasses, etc. Likewise, when any tenant hath been commanded by the Court, Surueior, Stuarde, and homage, to amend an high way, or to repair a bridge, or to repair his customary holding, or tenement, by a day assigned, or to avoid some 〈◊〉 parson, out of his house, or to yoke and ring his Swine by a day upon forfeiture of a pain and doth it not. And the same, at the next court be presented by the homage. Then the same default is an Amerciament, when it is totted commonly over against the●● heads in the le●ee that gente under the 〈◊〉 of ●●●ā. And tenants being amerced, for not re●●●uing their Mix●ns, or dounghilles, out of the high way, by a day or for not making their Hedge or Soyse, by a day▪ For not polling their 〈◊〉 hanging over an high way, and letting carriage, by a day, or for not avoiding their ho●●des, or grathoundes by a day (if they cannot Dispend xl. s. by year, according to the Statute) or for breaking and ca●●yng away the lords Pales, or hedges, or for Suffering their beasts to wander in the highwaie, or to destroy the lords woods, or for not ●a●yng open again by a day, a way by the Tenant before wrongfully enclosed, or for ●uenyng of any stream, brook or water, out of his right or el●● course, or for cutting down, any custumary woods, without the lords licence, or for removing any marks or me●re stones. All these and many more such like, are called Amerciaments when the tenants are amerced by several pains with the title of . Also the amerciaments of Bakers, Brewer's, Butchers, and Tipplers, for not keeping the Assize, are totted on their heads, with the title of . Also all such persons, as do commit frays, or bloodsheds, in any Manor, and presented, are amerced with the title of . You must specially note, that there are two manners of Herriottes one called by the name Heriot Custom, & another called by the name of Herriot Service. Herriot service is ever expressed in a man's grant or deed, and the other is, whereas Herriottes have been paid time out of mind by custom. And now to the description of an Herriot. Parquisites or casualties of Courts, belonging to a Manor. An Herriott is properly called the best Ox, Cow, Horse, or other thing, that the Lords tenant holding of a Manor, hath when he dieth. Which Herriot after the tenants death is commonly seized to the Lords use, by the bailiff, Reue, Beadle, or Borseholder, of the Manor, and is commonly, or aught to be presented by the Homage, or Herriottes sworn tenants of the Manor, at the next Court, let, or Lawdaie, of the same Manor to be holden. And if the tenant have no quick good, than the Lord will have the best dead good, that his Tenant hath when he dieth, for his Heriot. And in some manours, if the tenant, do voluntarily departed out of his house, or farm, not discharged of the Lord, he shall pay to the Lord his best quick good, nomine Heriotte. Also in some manours, the Tenant shall pay his farewell, to the Lord for his departing, which is called his fare fee, or farewell, and that is in some places two shillings, and there also the tenant must before his departing do all manner of reparations. Relieffes. A Relief is after the death, change, or alienation of every Fréeholder, or of a Tenant by ancient demaisne, and aught to be paid to the lord, as a knowledge. And the relief in some place, is the whole years Rent of the Fréeholder, or Tenant so doing and in some place or Manor, it is but half the years rend by custom. A Relief is always to be paid at one whole payment. Also, for the same the Lord may strain of common right, in every parcel of land, if it be unpaid. Also if a Fréeholder hold of the Lord of the Manor by knight's service, his Heir being of full age, the Lord shall have of the Heir for every knights fee. C. s. noine Relevij. And if the knights Fees be more or less, Then the tenants Relief to be aportionated thereafter. Waives, is commonly where a Thief hath stolen certain goods, and Cattailles, and brought them into a Manor, and then by Waives. reason of pursuit, fleeth awale, leaving the said goods and cattailes within the jurisdiction or circuit of the manor. And then are they the lords of that Manor, and are to be seized by the bailiff, or Rend there, to the lords use, and are to be presented at the next court, to be holden within the same Manor. Strays. Strays, is where any Horses, Colts, Oxen, Rind, Swine, or other cattailes, do come or stray, and there do tarry one year, and one day, and the owner fetch them not, and that the same stray have been Proclaimed, three several Sundays, in three of the next Parishes, and three times at the next market town, next by the Manor, than they are the lords, and they are always presentable at the next Court, after the stray happeneth to come into the Manor. Forfeitures. Forfeiture, is whereas any tenant holdeth any Copy hold, or Customary Land of the Lord of any Manor, and for non payment of his rents, customs, or services, or by selling of the woods of his Copy hold, or by letting the houses go down, or by making waste, or by alienating, letting, or setting his customary Lands, without the lords licence, forfeiteth his Copy hold Land, into the lords hand, which is to be so found by the presentment of the homage, at the next Court thereto be holden, and to be seized into the lords use: Also tenants by deed indented for life, or years, may forfeit their estates. excheat Excheates is commonly, where a Freeholder of a Manor committeth Felony, then after the King hath had the year & day, the Lord shall have the Land by Excheate. Likewise if a Tenant do dye, without lawful heirs general, or special, his land Excheateth to the lord of the Manor, whereof the same is holden, and this is commonly of Free holder's, and of tenants by ancient demesne. And the Excheate is always to be presented by the homage, at the next court of the Manor then to be holden. Pleas and Process of Courts. Pleas and processes of Courts, or where the Lord of a Manor in his Court, let, or Lawdaie, or three weeks Court, holdeth Plea of his tenants, for their lands holden of the said Manor, or for any debts, trespasses, or sums of money, under the value of xl. s. debt and damage. Memorandum many other things may be accounted, or numbered amongst perquisites, if the same grow but casually, and not yearly. Wards. Is where any Free holder's hold of a manor in Capite, Escuage, uncertain, Graundsergeauntie, or otherwise by knights Service, and dieth his heir male, being within the age of xxj. year, and his heir Female being within the age of xiiij year. Then the King, or Lord of the Manor, or of whom such Land is holden, ought to have the wardeshippe of such heir: that is to say, the guard, and custody of the body, and lands of such heir, unto their full age. And also the marriage of such heir, if they happen then to be unmarried. And as for the residue of the understanding of this point, I refer you to the instruction of the law. Patronage of a Church, is where the Lord of the Manor is very undoubted patron of the Parsonage, Vicarage, free Chapel, etc. belonging to his Manor, and may, or aught to give the same, when, and as often as it falleth void. Presentation, is when the lord may present any lawful Clerk, to any Parsonage, Vicarage. etc. continually, or but at every second or third avoidance, by force, or in the right of his Manor. Patronages, presentations, nominations, and advowsons of parsonages, vicarages, prebends, Churches. etc. Nomination, is where the lord or any other, may in the right of his Manor, or otherwise, nominate a condign Clerk, to any Parsonage, Vicarage etc. Aduouson, is where the Lord may, or hath granted, or given his right of presenting, or nominating Such things are appendaunte, regardaunte or exspectante, to a Manor, are these. of a Clerk to any Vicarage, or Parsonage, etc. in the life of the Incumbent, or parson of the same Parsonage, or Vicarage, etc. The same grant or Aduouson to take place, immediately upon, or after the next avoidance of the same, be it by death, Deprivation, Surrender, or Sequestration of the Parson, Vicar, or Incumbent of the same. And note, the lord may grant out two, or three Aduousons of one benefice, the one to take place after the other. Villains, and Nieffes, is where Bondmen, and Bondwomen belong to a Manor, the bondman is called a Villain, and the bondwoman is called a Nieffe. And in some manours all the tenants are Villains and Neiffes, and then is it said that land is, a tenure in Villanage. Villains & Nieffes. Note, the proper Lands of a Villain and Neiffe, and all his goods, and cattaills, are the lords, to whom he is Villain, if the Lord so please, unless he have made than a Manumission, or that they be enfranchised otherwise. There are sometimes Villains engross, which are neither regardaunte, nor appendaunte to a Manor: but the Lord or his Ancestors, have bought the same and therefore they are called Villains engross: their lands, goods, and cattalls, are likewise at the lords pleasure and disposition. And as touching other things, that be appendaunte to a manor, some manner of Commons are appendaunte to a Manor, aswell as appurtenaunte. Also Free Warrens, in some place may be appendaunte to a Manor aswell as appurtenaunt. Also every Manor, hath commonly his peculiar several customs, and privileges belonging to the same. The description, what a custom properly is. And it is to be specially noted, there can be no custom, unless it have been used, time out of memory of man: and all such customs as he of that continuance, be lawful, so long as they be not unreasonable, nor have any inconvenience that be against reason. And note also, that no man can at this day make, or bring up any new custom, but the same must be of ancient time but of mind of man used, as is aforesaid, or else t is no custom. And for as much, as the sundry customs of all manours, cannot be recited, yet for instruction sake (amongst many) I will now note a few, most common. Some manor hath a custom, that surrendour can not be made of Lands holden of that Manor, but to the Steward himself: and yet in some manours it may be done to two of the tenants, or Homage of that manor. And in some Manor, he Surrendour must be made by the circumstance of delivering a rod, straw, or mote, else is it a void surrendour and in some manours it may be done without it. Also in some manours the Tenawntes cannot lease, or set their lands above a year, without the lords licence, upon pain of forfeiture of the same. And in some manours, for three years or more. Insome manours, the tenants may not fell, ne lop, the woods growing upon their tenements, not, not to repair their houses, without the lords licence: and yet in some manours, they may do both, yea, and cell the wood away, without the lords licence. In some manours, which is commonly in Devonshire, Somersetshire, Dorsetshire, Cornwall, Witshire, and part of Glocestershire, the tenants take the customary Lands of the Lord, for term of three lives, and not above, paying a fine uncertain, as the Lord and tenant can agreed. And commonly in such manours the wives of the tenants, after their housebandes' deceasses, have their widows estate, by their custom, which is as long as they keep themselves unmarried, and honest, and in some manours it is otherwise and commonly also in these manours, the lord hath a herriotte, after the death of every tenant. In some manours, the tenants have their tenements, to them and to their heirs, paieing to the Lord a fine certain, at every change, and there only the wife, hath no widows estate, and also commonly such tenants pay Herriottes. In some manours, the tenants are bound by their custom, to serve the Lord in the queens wars, so it be within the realm, against Rebels, or such enemies, at their own proper costs and charges: And in some manours it is otherwise: But note, that now by a statute therefore made, all customary tenants must serve their Lords against Rebels, upon pain of forfeiture of their holdynges. Also in some manours, the tenants aught by their custom, for three or four days in sowing time, and asmuch in mowing time, and likewise in Harvest, to help to till the lords ground, to make his Hay, or to help in with his harvest, which be called commonly opera custumaria, that is to say, day works, and such like, and in some place they use to do it, only with their persons, and in some manours both with their Teams, Wanes, servants, and persons, and in some place otherwise. Also in some manours, the tenants by their custom, must grind their Corn at no Mill, but at the lords mill, belonging to the Manor, and this is commonly called Socome, as is aforesaid. In some manours, the tenants have their Fuel out of the lords woods, and this in most places is properly called estover, and in some Manors but only timber, for repairing their tenauntries. In some manours, their custom is to have common for their beasts, in all the lords wast ground, and commons. And in some manours but in a part of them, and that only for a certain number, and some special kind of cat-tail, yea, and also in some places, at certain times only accustomed, or prefixed. And as touching the description, of the sundry kinds of Common, that is to say, Common appendaunte, Common appurtenaunte, Common engross. etc. I leave three to the instruction of master Littleton, And note for a special Rule: a tenant that hath Common in the lords Commons, may have there nothing by reason of Common, but alonely bit of mouth with their cat-tail, neither may Geese or Swine have common, but by the lords sufferance, without special words in the charter, or copy of the Tenant. Sometime customary tenants in some manours, have also common of Fishing, with shovenettes, casting neetes, small pitches, and trod nets, and such like. Some Countries have customs by themselves, as the custom of Gavell kind in Rent, and part of Wales, where the sons of Free holder's, shall have their father's lands equally divided amongst them, touching the which and all such like customs, I commit you to the instruction of the learned in the law. Privileges, are all such liberties and fraunchesies, as are granted to a manor, or town by the King Queen, or Princes great Chartre, or letters patents, or by act of parliament. The description what reprises commonly & properly are. Also there are commonly going yearly out of most manours sundry Deductions, payments, and duties, and these are always called Reprises. And of such there be divers natures, whereof some go out of one Manor and some out of an other, as be these ensuing, and their like. Suits of Court, or annual fine, for suit and service of Court, to any other Court. Rend charge, or rend seek, yearly going out of any Manor. Sometimes also Rent service, either of Capons, Hens, Pepper, Cumminséede, or such like, may be yearly paid, out of one Manor to an other. And also a Rent, or a Suit, may be sometimes paid out of a Manor to a Hundred, or Sherives Turn. Also an annual pension or portion may be paid out of some one Manor, to some other Manor, parsonage, or Vicuarage. Item a Rent resolute, may sometimes be yearly going out of one Manor, to some other Manor or Parsonage, for a high way, or a Water, course, or a liberty of folding, or such like. Also out of some manours or Lands, an yearly tenth is reserved, to the King or queens highness. Reprises of all natures. Also yearly Fees to any Receivour, bailiff, collector, high Steward, or under Steward, charged by the lords Letters patents, or otherwise, to be going out of a Manor, or such Lands, are called Reprises. Likewise every other yearly Fee, that is paid to any other parson, out of any Manor, Lands or tenements. Corrodies also for Term of life, or in Fee to any parson or persons, yearly paid out of any Manor. Stipends, Salaries, or Annuities of chaplains, men of Counsel in the Law or such like. Memorandum, all these Reprises, aforesaid, and their like, are to be diligently learned, that they may be deducted, when they aught out of any Manor, in the making of the value thereof. And when these six principal things before in the said second rule set out and described, are perfectly known, and well understanded of him that would be a Surveyor, then hath he some entrance in the knowledge of his Office. And now here next ensuing, for his further instruction, shall ensue the third Rule, which shall contain in a brief rehearsal the sum of all such parts and duties which doth or aught to belong to the Office of a Surveyor, and which then (after following in order) the speciallest points of them are particularly by themselves, more at large to be touched and declared. ¶ The third Rule. A Brief Recital of most of the points, duties, and special things, what, or which are belonging generally to be done, and observed of every Surveyor, as the members & parts, wherein generally the Office consisteth, and therefore here set together, that they might the better be held in memory, most whereof be hereafter more at large discoursed & set out. Also every Surveyor aught to be as skilful, and well instructed how to make and certify to the Lord, the true and just value of his Lordship, Manor, Lands, tenements, etc. or any part, parcel, or member thereof, when he shall be thereunto required and commanded, and to make and set out the same in a plain and brief particular, whether it be for the purpose or intent that the Lord would cell or lease out any such Manor, or any parcel thereof to any parson or parsons, as an Auditor. And truly it were much to the Surveyors shame and reproach, if he cannot make as true and perfect a particular thereof to the Lord, when occasion requireth (surveying the same, once or twice in every year as he aught to do) aswell as the Auditor thereof, who maketh commonly his Particular of a Survey taken perchance ten or fifteen years before or such like, or perchance but only by his bore record of Minister's account, without survey. And surely, in this case the Auditor (who in deed is a very needful and profitable member of the common wealth) is worthy much more commendation (that he is ready and can make a particular by his Precedent or Minister's account, or such like record,) then some Surveyor who neither can, nor hath learned how to do it at all. Also the Surveyor aught to know how to take the survey and perfect view of a Manor, or other Lands or Tenements, and how to butt and bound the same in due order, and for most plainest knowledge of the tenants, and for most long continuance, an example whereof you shall have hereafter. Then also how (when he hath surveyed a Manor) to enter, and engross the same, which he aught to do, and also to make a terror of the same, in due form as hereafter shall be declared. Moreover, the Surveyor should keep a suit roll, wherein all such persons as aught to yield suit of Court, of the Manor or service should be written, and a Copy thereof he should deliver to the Steward, that they may be called at every Court, or let holden, that the Lord lose none of his suits or services, a form whereof also ensueth. Likewise, it is the Surveyors duty, to make and keep a roll or book, called a customary of the Manor, wherein all the customs of the Manor should be registered. That the tenants may at no time claim any more, or other customs than they aught to have, ne the Lord be prejudiced by any new custom, by his tenants claimed. And this Customary would be Indented, the one part to remain with the Lord or his Stewaade, and the other part with his tenants. And yet nevertheless should the Surveyors have the original Copy thereof, in the end of the terror of the same Manor, a brief form whereof also you shall have hereafter. Also the Surveyors should give to every bailiff, collector, or reeve of every manor, a perfect rental of the year by Revenues of the same Manor, to gather it by, which rental also should be indented, the one part to remain with the Lord or his Surveyor, and the other with the bailiff. A short example whereof ye shall see hereafter. Also the Surveyor should have and keep the enrolment of all Indentures and Copies, by which any tenant holdeth that he may see the Lords duly answered, of his Rents, Duties and covenants in their writings contained, and also be ascertainee, of their Estates and grants to them by the Lord made. And let the Surveyor that hath to do in the west parties, look diligently to this one point, that the name of a young infant creep not into the place of an old man, for they use much there (I will not say for that intent) if the Father or Mother who have state for life, in possession or reversion, be named John and Agnes, or such like, then if they have ij or three boys, or as many girls, their names shallbe all christened as they or those, who have state in their holdinges are named. But now this is more narrowly looked to, then in times past. Also although every Steward is bound by law and conscience, to be an indifferent judge, between the Lord and his tenants, and also to give at the Court a true, full and substantial Charge to the Homage, and also to make a good entry, aswell of every tenants particular estates, as of all other things in his Court Rolls, and to see the Tenants Copies truly made out accordingly: Yet because it is the duty of a Surveyor, to have such skill in the things afore rehearsed, that he may not only keep a note of all the stewards doings, but also be able to inform, or peruse the doings of him, I have also hereafter therefore set briefly out (the charge which a Steward aught to give in a Court Baron) and also the form of making out their Copies, as hereafter doth appear, Furthermore, the Surveyor aught to have some sight, or knowledge in the common law, or else he shall many times, by his ignorance, deceive both the Tenant, and the Lord, and also make evil Presidents and Records, and thereby much trouble and inconvenience may arise and grow many a day hereafter, to the peril of his own soul and many others. Also he aught to grow ripe and perfect, in the lords evidences, and records of every Manor, and in the ordering and sorting of them, that he may be able to answer or inform the Lord of the Manor, or his counsel, when any title or claim is made or other doubt put, and for this purpose the Court Rolls would be kept in Chests made for that purpose, within any Manor under locks & keys. etc. Also by the erection of the late Court of Augmentation, and revenue of the kings Crown lately in the first year of Queen Marie, dissolved, and reduced in the Exchequour, amongst other things (there appointed to the office and duty of a Surveyor) it was thought meet, that the Surueior sitting with the Steward, after three Proclamations made in the Court, should assess fines, make grants of Copy hold, and customary Lands, being within the limits of his Office, according to the custom of the manours, thereto such parson or parsons, as should give best Fine for the same, which the Steward then forthwith in open court, aught to charged, and enter into the Court roll. And thereof to make out the extractes to the bailiff, Reue or collector, that the same might be justly levied, and gathered accordingly. And also that the Surveyor should see truly answered, all such Rents, Revenues, perquisites, casualties, and other things which may grow profitable or beneficial to the Lord at the next audite, for which purpose the Surveyor must keep a book of all such grants, to the intent that the same shall and may be the more truly answered at the said account: for else may hap the Steward either for lucre, or for negligence of himself or his Clerk, may conceal, or omit some of the same, to the deceit aswell of the Lord as of his Tenants. Also the Surveyor should be partly skilled, in the rule of Apportionation, that he may when need is, apportionate the Land with the Rent, according to the Acre, a short form whereof shall be hereafter declared, but this rule is somewhat uncertain. Also the Surveyor should have some skill in measuring of Land, that is to say, what an Acre is, how much it containeth, etc. and how most readily, and truly to meat land by line, or by rod, be it in the plain, in the valley, or upon the hill, or in wood, or be it square, triangle, round, or of any other proportion: A small brief instruction, he shall hereafter find, set out with a ready table, for the contents of all manner of land. And now, as touching the manner and form, how a true brief, and perfect particular of any Manor, Lands, tenements, or Hereditamentes, should be made, and what things are to be observed therein, I have now (under correction) here under showed you. 1 You must specially note, that your particular aught, should, and must consist in three principal points, or notable things. The first is, that the true value of all the parcels of Lands, tenements, and Hereditamentes, be severally (but briefly) described, and set out with their several sums at the end of them, and then all in the left margin (all joined in one line) the total to be set out. 2 The second is, that there under must, immediately, plainly, and briefly be described, and set out, all the reprises, that is to say (as I have before declared) all deductions, fees, or paiementes, going out of the said value, to any person, or persons, and the sums at the end: And then altogether in the left margent, to be in a line joined, and the total to be set out, as before in the value. 3 thirdly, under them both should be set forth, the Remanet clare, written in Text, and drawn out a long, with the sum in the end of the same. Under all which, if there be any other thing, needful to be considered, or remembered for the lords advantage, or otherwise: either touching the sale, or leassing of the said Manor, Lands, etc. to any person, and which is not in the value mentioned: then the same shall be written under the particular, in the title of a Memorandum. etc. NOw forasmuch, as nothing can be by any mean so well understanded, as by way of example, when it is set before the eye: Therefore I have devised, an example of a very ample particular hereafter ensuing, and hereunto annexed. Wherein I have feigned, or supposed a Lordship or Manor, by the name of the Manor of Dale, to have all manner of Rents, and other things, aforesaid, and in my second Rule specified, or such like, as commonly to any manner of Lordship, Manor, Lands, or tenements, can or doth belong: and there out I have deducted in reprises, all manner of deductions, or payments, that can, or doth commonly, yearly, go out, or be deducted out of any Lordship, or Manor, Landes etc. with the Reamnent clare there after following, and a memor and there under, as amply as I can presently also gather, that to such, a value should, or may appertain. ¶ The Fourth Rule. How a Surveyor should take a perfect View or Survey of a Manor or such Lands tenements or Hereditamentes. FIrst the Surveyor in taking his Survey, should well remember that he aught, most diligently and vigilauntly to view and survey the Butts, and Bounds of the whole Manor, and then the Butts and Bounds, of every particular Tenants lands, Tenements, Meadows, Closes, Pastures, etc. within the same Manor, and every parcel thereof, that it may remain in perpetual remembrance hereafter, what and which tenements, Lands, Meadows, Pastures, etc. every man had, when the Survey was taken, and where the same than did lie, and how they were then bounded and butted, and upon whom, and how many Acres, every parcel did contain, and how much land or pasture did at the same time belong to every tenants holding, or to the Manor house: aswell for the preservation of the inheritance of the Lord of the Manor, as of every freeholder, Copy holder or customary holder, or other Tenant of the same. The which Surveyor when he goeth about to view or survey a Manor, Lands, tenements or other Hereditamentes, should have with him ready provided a Paperbooke, wherein he may roughly and speedily note as he goeth about the view thereof, the first drought of his Survey of the same, lest if it be done in lose papers, some part may happen to be loss, or else unsorted or altar misplaced in the engrossing, and so perchance, as good never written. And in the beginning of the same paper book, let him writ the title in this form, if he please, writing the manours name in the margin on this wise. Manerium de Sale. Superuil. Manner de Sale ibidem capen, fact et examinat per diligent, et exact vis. perambulationem, examinationem et mensurationem, tam A. B. general supervisor, terr' Iohis at Style, dni Manner pred et per mandat eiusdem, quam per Sacrament R. S. F. H. T. B. ac multorum tenentium, et Homagij Manerij pred, tunc ibm' existent xii. die Augusti. Anno dni M. D. lxij. Annoque Regine Elizabeth Dei gratia Anglie, etc. Quarto. Or rather if ye will, you may in your first waist paper book, (so it be not in English in your engrossed book of Survey) writ the title in English in a shorter form, which is this ensuing both will serve. ¶ The Town of Dale. The view of the Manor of Dale, taken the x. day of May in the xiiii. year of the reign of King Henry the eight. By A. B. general Surveyor to the right honourable lord. C. D. Lord of the same by his Commandment, and also by the oaths of E. F. & G. H. and many other tenants of the same, as hereafter ensueth. Then in mine opinion, (under correction) the Surveyor should first begin with the Scite of the Manor or principal Manor place, if there be any, and first to set out the bounds thereof by every side, that is to say by East, West, North and South. And then the contents what it containeth in length and breadth. Thou what edifices, buildings, and houses of offices Barns, Stables, Stalls, and Dove-houses are standing upon the same, and whether builded with Timber, Brick, or Freestone, Tiled, stated, shingled, or thatched. And what Gardens, Orchards, Motes, or Ponds, be about the same, or adjoining thereto. And then if ye will (though master Fitz Harbert, have not altogether so set forth) he may go strait to the surveying of the Demaines, that is, what several, or particular Closes, Meadows, Pastures, arable land, etc. they are of, which be the Demaines. And where they do lie, and if they have any proper or peculiar names, than what every parcel of ground is called, and how many Acres every parcel doth contain, and how they butt and bound. And what woo●des be thereof, and how many years growth: also what Shawes, or good hedgerows of wood be about every fence, of any Close of the said Demaines. And then if a Fe●●our holdeth it, what is his name, and what yearly rend he payeth, and at what feasts the some is paiable, and also the date of the farmers Indenture of Lease (if he have any) and for what term of years or lives he holdeth it, and under what covenants, as by example hereafter. Then in like manner of the Scite of the Parsonage (if there be any) Butting, bounding, containing and reciting, the same in all points as is before expressed in the Scyte of the Manor. Adding who is Person, or Vicar there, to whom the gift thereof belongeth, who occupieth it, and what it is yearly worth. And also likewise naming, butting, bounding, and showing the contents and names of every parcel of the glebe lands, thereto belonging accordingly. Then to take the view of tenements, of Freeholders, and of their Lands, Meadows and Pastures, etc. Always butting, bounding, containing, and reciting the contents and proper names of every parcel thereof, according as is aforesaid. And specially remembering by what rent, service, relief, Fine, Herriot, Suit of Court, or custumary works, they do hold the same of the Lord. And in like manner to view the tenements and Lands of all manner of tenants at will, Tennauntes by Indenture, or by Copy, etc. Always butting, bounding, containing, reciting, noting and declaring the several contents and names of every particular parcel of Land, Meadow, Pasture, Close, croft, Wood, shaw, etc. And also the several yearly Rents, suits, services and works, and the fines, Heriottes, and customs, of the same. etc. And it were good, that ye viewed the Fields, in a general manner, every field severally by himself. Having if ye be not the skilfuller, a Dial in your hand (according to master Fitz herbertes counsel) I mean that thereby, who so taketh the survey, may thereby know perfectly, which is east, West, North and South. And the Surveyor should stand in the mids of the field, or where he may best see every side or corner thereof. And as touching the butting and bounding of the fields, before he do begin to enter the butts and bounds of any particular man's ground, or land in the same field, he should enter the butting, and bounding of the whole fields on every side, how it doth lie, naming the boundynges thereof, always upon the most notable known marks, or Mearestones as he can: as these and such like be that follow: Marelepittes, gravel pits. Brokes, ponds, Windmills and Windmill hills, cross ways, Lanes and such like bounds, not removable and of continuance. And after he hath so butted and bounded the whole field, on all parts, Then to begin at one place certain, and so from thence along to bound & butt every tenants particular furlongs, Lands, Hedlandes, Bawkes and grounds, be it by the land or by the Acre, as he shall think best, or devise to do the same, for surer, longer, and men's better knowledge thereof, as in example hereafter shall appear. Master Fitzherbert would have the Meadows, pastures and Closes also likewise surveyed generally. And the like manner & form in all points, is to be used by the Surveyor, in butting, and bounding of the Meadows that be common Meadows, with their several contents of Acres, by their several marks, and Mearestones, as example shall show also hereafter. And as for Closes, Croftes, Pastures, or Woods that be enclosed, he should butt and bound them severally, entering their contents of Acres, and names if he can, with the value what they be yearly worth, and who holdeth them, as is afore said, whereof ye shall also have an example here following in his place. And after like manner and form, may the Surveyor, if he will, butt, bound, and enter the contents of Acres, of all manner of Pastures, where Herdsmen keep cattalle. And also all Commons, Moors, Marshes, heaths, Common Woods, or such like. Hereafter do follow the examples, how the premises should be entered orderly. And first how the Manor place, or Scite should be entered, Butted and bounded. SCitus Manner de Dale pred Scituatur, et existit, inter Cemiterium Ecclesie de Dale, super le Borial, et Regiam viam di●cest, a villa de B. usque villam de A. super Austral et communem campum eiusdem ville, super Orient, et Tentm sive Mesuagium R. F. super occident. Et continet in latitudine triginta perticas, et quatuor pedes terre, unaqueque pertica existent xuj. pedes dim. Super quem Scitum le Manor place scituat sufficient edificat cum una Aula, & duabus cameris, ex lapidibus quadrat construct, cum omnibus domibus, edificiis, cameris, structur, et duobus atriis eidem Scitui pertinent. Necnon unum Columbarium, in exteriori Atrio ibm' voc le great Court, scituat, cum uno Gardino circummurat cont unam acr dim. Ac unum hortum cunt quatuor Acr, unde unum caput abbuttat super Regiam viam predictam, verfue Boreal, et super scitum pred versus occident, et super campum pred versus Austr, et clm rectoris ibm' super Orient, Ac etiam cum duobus Horreis, continent quatuor Bayes, le piece, una domo vocat le Stalle, als le Ox house, continent three bay, edificat, unum Srabul cont vi. bay, edific Qui quidem Scitus, et cetere damus, et edificia, sunc coopert, cum tegulis sive lapi●, voc tile, preter dict duo Horrea que coopert sunt cum le Shingle etc. Et qui quidem Scitus, & cetere domus, ac edificia, ac cetera premiss. cum omnibus et singulis dominicis terr', prat, pasc. pastur', boscis, et subboscis, cum pertin' (if it be out of the Lords own hand, demised to a farmer, ye must say) modo dimittuntur, R. H. executor' et assign' suis, (Some use to specify the farmers estate, with the date of his Indenture, and for what lives, or how many years he holdeth it) and this is more than is in Master Fitzharbertes presidente (and then must ye say) Hend et Tenend pred R.H. executor' et assign' suis a festo sancti Michaelis archangeli prox. futur' (vel vltimo preterito, as the feast is, and if it be for his life, say) ad terminum et pro termino vite natural ipsius R.H. (And if it be for years, then say) usque ad finem et terminum xxj. annorum (or so many years as it is) extunc prox. sequend et plenary complend. And then name the rent, saying. Reddend inde annuatim dict johanni at Stile dno Manerij pred xxxi. li. x. s. (or naming what other rent he payeth, & then at what feasts as) ad duos amni terminos usuales, viz add fest Annunciationis beat Marie virgins, et sancti Michaelis Archangeli, per equal portiones duran termino pred. (And then some do touch partly the covenants in the Indenture, on the tenants behalf to be performed, in this or like form.) Et pred R. H. et executor' fui tenentur omnibus reparationibus premissor̄ ad sumptos suos proprios preter grand meremium, et in fine termini dabit dno xl. s. nomine Herriott, et habebit sufficient Hedgebdote, Houseboote, Fireboote, Ploughboote, Carteboote, et Haieboote super premiss. crescent et ibm' expendend, et non alibi, duran termino pred, et henit communiam in omnibus communiis et vastis dni et continet etiam in Indentura pred unum promso; qd si Redduns pred aretrofuerit in part vel in tot● per spatium unius mensis post aliquod festum solutionis pred, et litime demandat, quod tunc potest dns et heredes sui in premissa, et quamlibet inde percellam reintrare &c. And likewise you may briefly in the same manner, rehearse any other covenant in the Indenture declared) all which is more than master Fitz halberd declareth, and it is much used at this day. And then ye must draw all together, and set the rent thereof in the midst of the right margent, that it may be ready to the eye. How the Sry●e of a parsonage or rectory, and Vicarage may be bounded. SCitus rectory de Sale scituatur et existit inter Regiam viam pred super austr̄ et eccliamm parochial ex part Occidental et campum Boreal ex part Boreal, et Tentm R.F. ex part oriental. Et Rector ecclesie pred habet unum Croftum jacent inter campum Boreal et Cemiterium ecclesie pred ex part Austral. Ac dict Crostum continet detem perticas ex part Boreal et duodecim perticas ex part Austral, et Triginta perticas in longitudine ex Oriental part, et viginti perticas et dimidiam ex part occidental. Et R.T. est modo rector ibm', et habuit rectoriam pred ex dono domini huius Manerij de Dale, cui donatio eiusdem pertinet imꝑꝑm, ut vero et iudubitato patrono eiusdem in iure Maner̄ sui predicti. Et predit. R. T. clincus tenet rectoriam pred, cum omnibus Terris, Glebis, Pratis, Pascuis, pasturis, decim, oblacoimbus, provencoimbus; abveucoimbus & alijs proficuis quibuscunque in occupatione sua propria, et valor annuus eiusdem in libris Dne Regine extendit ad x●iij. l. ij. s. sed valet per annum ultra repris xxij. l. And note that the cause why I have neither in the Scite and demesnes of the Manor afore mentioned, nor in the entry of the said Scite of the parsonage aforesaid, here butted, bounded or set out the names, contents of Acres of the said Lands, Meadows, Pastures, Closes, etc. of the Demaines or Glebe Landes, or of the Lands, Meadows, Pastures. etc. belonging to any tenement of free holder's, or copy holder's, (the forms of thentries whereof now also ensue) is, because the same must and should appear in the general views of the fields, Meadows and closes of the hole Manor by themselves as hereafter shall appear. How the tenements or Messages of Fréeholders should be butted, bounded and entered. unum Mesuagium sive tenementum, quod D. C. tenet libere per chartam cum omnibus terris, prat, pastur', etc. eidem tenemento sive Mess. pertin', de Dno huius Manerij: quod quidem mesuagium sive Tenementum jacet inter regiam viam pred ex part Austral, et campum Borial pred ex part Borial, et rectoriam pred ex part Occidental, et Tenntum W. R. ex part Oriental, et continet xiii. perticas ex part Austral eiusdem in latitudine et xxi. perticas et tres pedes in longitudine, et xuj. perticas in latitudine apud caput Boreol. Et tenet Mesuagium sive Tenementum predict cum pertin' de deno domino per homagium, fidelitatem et duos solidat reddit per annum, et unam libram Piperis, ac sect ad curiam dni de tribus septinanis in tres septinanas, et ad duas letas dni ibm' annuatim tenend. And thus must ye enter the Messages, Lands and pastures of all free holder's being always sure to express the butts & bounds of the same, and the service and yearly Rend of every free Tenant as near as ye can, in the entry of the same. How other Messages, tenements or Cottages, holden of the Lord at will, or by Indenture, or by Copy of Court roll, should be butted, bounded, contained and entered. unum Mesuagium sive Tenementum dimissum. S.H. (if it be at will, say, ad voluntatem dni (if it be by Indenture, say) per Indenturam gerent dat, etc. (if it be by Copy of Court roll) say, per copiam Curie ad voluntatem dni, secundum consuetudinem Manerij, cuius dat est, etc. Scituat inter regiam viam predict ex part Austral, et campum Borealem predict ex part Boreal, et dictum Tenement D.C. pred ex part Occidental, et comem Campum ibm' vocat Le Est field ex part Oriental, et continet in latitudine quatuordecem pertic, et tres pedes assize, et xviii pertit, et decem pedes assis in longitudine, hennd &c. (as his estate is, following the form set out in the entry of the Scyte of the Manor before expressed.) Reddend inde annuatim dict joanni Style dno Manner predict xxiiii. s. vi. d. ad duos amni terminos usual, uz. ad festa Annuntiationis beat Marie virgins, et sein Michaelis Archangeli per equales porcoens. (And then if it be by Indenture, touch also the covenants therein in this or like form.) Et pred. S. H. et executor' sui per Indentur pred tenentur omnibus reparationibus premissorum ad sumptus suos proprios (grandi maremio solummodo ercept) Et in fine termini sui dabit domino optimum Animal quod hent nomine Herriott. Et pred S. H. et execute sui habebunt (ex conuentione dni predicti,) Sufficient hedgeboote, houseboote, fyreboote, Ploughboote et Carteboote, super pmmis. crescent, et ibm' expendend. duran termino predicto. Et faciet Sectam ad curiam domini quotiens legaliter summointus fuerit. Et dabit annuatim dno predco, duas gallinas ad Fest natal dni, etc. Et si redduns predict aretro fuerit in part vel in toto per spacium unius mensis post aliquod festum solucon pred et litimme demandat, quod tunc potest dns et heredes sui in pmmiss. reintrar, etc. (And even in like form let him enter all other covenants contained in the Indenture.) And if it be by Copy ye must recite the services and works which the Tenant should do if he should or aught to do any, etc. and in this form make your entry of all such like. Now touching the entry of the Fields, Lands, Closes and meadows of every Tenement (after Master Fitzharbartes form) they must be recited in the view of the whole manor, as next hereafter ensuing shall appear. How to Butte and Bound the whole common fields belonging to a Manor. CAmpus Austral ibm' jacet ex australi part ville de Sale pred, et incipit apud le Crucem ibm' vocat Shawcrosse, apud quoddam furlongun vocat Well Furlong. Quod quidem Furlongum continet sexaginta acras terre arabil et abbuttant ex part boreal et occidental, super magnum Clausum dm de terris dominicis voc wrangclose, et ex part oriental super communem viam ibm' voc longlane, et ex part austral super Riuulum ibm' vocatur Kernebroke, unde Dns habet tres acras et unam rodam, rector ibm' iii acr et iiii. pertic. R. F. quatuor acr. G.H. unam acram et unam rodam, S. R. septem acr et tres rod. et sic de ceteris. Ye may do the like if ye will by the Lands as I have done by the acres. Also if there be any more common Fields, enter them and bound them in like manner, as I have done this South field aforemencioned. How to but and bound the Meadows of a Man, nour, and specially when they are common Meadows. PRatum common Manner de Sale predict vocat Brodemeade, jacet in Orientali campo coins campi ibm' vocat Southfield, inter campum pred et Riuulum predict vocat Kernebrooke, et ex part Occidental abbuttat super viam vocat long-lane pred, et ex partibus Austral et Oriental abu●t super claus. dednicis dni vocat Wrangclose, et ex part Borcal abbut super Crofta I H. et W. H. Et Pratum predictum continet lxiii. acr et unam rodam, et jacet in diversis partib. vocat Shoots. Et incipiens apud longlane pred in australi part eiusdem, rector ibm' habet tres Acras et unam Rodam, dns Manner ut de dnincis suis sex Acras. R. S. v. acras et dim. I. B. quatuor acras et unam rodam. F. H. sex acras et dim. T.B. v. acras, Dna Regina ix. acras, Rector predict tres acras et dim, etc. et sic de ceteris his Silibus. And if there be any more or other Meadows, use the like form of entering of their Butts Bounds and contents, noting always their known names specially if you can. How a man should enter, butt and bound the several Pastures, Croftes and Enclosures belonging to a Manor. unam Clausur Pastur̄ de Dnicis dni continent quadraginta acr jacet inter Pratum ibm' vocat Brodemeade ex part oriental, et unum clauss. pastur' in tenur R. F. vocat Welcroft, et Riuulum predic vocat Kernebroke ex partibus Occidental et austral, ac comem Campum ibm' vocat Northfield, ex part Boriale, et valet per annum vi. l. unum aliud clauss. Pastur̄ ibm' quod R.F. tenet liben de dno pred ut libon tennto suo pertinent, voc Welcrofte cont xiii. acr jacet inter wrangclose predict. super Occidental et clm. S. T. vocat old Acre, ex part Oriental & riuulum predict' vocat' Kernebrooke, ex part Austral, et campum predict vocat Northefelde, et val per annum. xxx. s. iiii. d. unum aliud claus. Pasture quod G. H. tenet de domino, ut Tennto suo custumario pertinent, cont xxiiii. acr, et iii Rodas vocat Marlefelde, jacet juxta Wrangclose pred, abbut super Longlane pred versus Oriental et clm I M. vocat Shortacre, versus Occidental, et clm Rectoris ecclesie ibidem voc parsons Close ex part Austral, et dict clm ibidem vocat Well croft ex part Boreal, et valet per annum xxxii. s. unum Claus. pastur' ibidem vocat parsons close, continent xxii. acr dim, et unam Rodam jacet super clauss. pred vocat Shortacre versus Boreal, et claus. vocat Welcrofte, versus Austral, et Longlane versus Occidental, et claus. R.F. versus Oriental, pertinent rectory de Sale pred, val per annum. xxvi. s. viii. d. And after this and like manner, ye may peruse, view, butt and bound, and enter all manner of Closes, Pastures and Croftes in any Manor, or about any Manor. And you shall note, that this manner and form of viewing, butting, bounding, and entering of the said Messages, or tenements, Fields, Meadows, and Pastures, or Closes, is almost wholly according to the form, prescribed by master Fitz Harbert, and is a very exact and moste perfect way. But there is now used of some, an other manner of surveying, Butting, and Bounding, but specially of entering of the same in these latter days, whereof I would not have you also ignorant, & that is in this form: They entre severally every man's messsage, or Tenement, and Butte and bound first the Scite thereof accordingly, and then even in the same entre all in one (infra) they do particularly butt and bound, and also entre every man's errable land, also his Meadows, Closes, and Pastures, belonging to every of the same several tenements, all together, and then see out the rent in the right margin thereof, and the fine and Herriot therefore, to be due in the left margent thereof, as for your instruction, I will set out hereafter only one example. ARnoldus at Noke tenet per Indentur gerent dat xii. die januarij, anno regni Regis Henr viii. xxxiiii. dnum magn̄ Tentum sive capital Messuagium ibidem vocat Halle green, scitual et existens apud plateam sive vicum ibidem vocat Strowde cross, inter unam viam ibidem vocat Strowdelane ex part Oriental et coinam ibidem vocat Strowdegrene ex Austral et quandam Croftam in tenur joannis ap Moor, ex part Boreal, & cuiusdam alii croft vocat Hall crofte, in tenura eiusdam Arnoldi ex part Occidental, et continet in longitudine triginta octo perticas, et xi. pedes assize, et in latitudine viginti novem pertit, unaqueque pertic̄ existens xuj. pedes et dim. Super quam Scitum et predict capitale Messuagium scituatur sufficienter edificat viz una aula cum una camera, et una parva camera vocat a Garret, super Aulam pred ex quadrat lapid construct &c. cum ceteris domibus et edificijs, et structuc eidem annexat, acetiam unum atrium quadrat eidem aule adjacent, necnon unum xiiii. l. xiii. s. columbar dicto atrio contingent ac etiam unum gardinun et unum pomarium adjacent circumpercat siue palate, continent in toto tres rodas, & quatuor pertic, unde unum caput pomarij pred abbutt super Regiam viam vocat Strowdelane pred versus Orien, et abbutt super le Grene pred &c. ac etiam unum pratum vocat Long Meade, continent xii. acres, quod quidem pratum jacet in Occidental part campi voc Redfelde, et abbutt super Riuulum ibm' voc Lowe-water super Orient &c.) and so naming every Close, Meadowe, or parcel of land arable, appertaining to the same Tenement, and Butting the same on all sides, as I have before partly show you, then saying) cum omnibus et singulis suis pertinentijs quibuscunque, hend sibi executor' & assignatis suis a feft sancti Michaelis Archim ultimo preterito ante dat Indenture pred, ad terminum viginti et unius annorum extunc proxime sequent et complend. Reddend inde annuatim dno Maver pred hered & assign' suis xiiii. l. xiii. s. legalis monete Anglie, ad fest natal dni, et nativitatis scti joannis baptist per equal portiones, ut per judentur pred inter all plenius apparet. etc. And this form aforesaid seemeth also very commodious, for it showeth together plainly to the eye, what, how, and where the parcels of lands be, that doth belong to every tenement or mesuage, whereas after the form afore surveyed, after ye have found in your survey, a tenants mesuage or house, ye must be feign to seek and pike out in the generalty of the whole survey of Fields, Meadows and Closes of the same Manor, every tenants parcels particularly. Which is a trouble and somewhat diffuse to him that is but a young surveyor. Marry, to help that, it is used (after the survey of a Manor is generally taken in form aforesaid: Then immediately thereout to make your Terror wherein every man's parcels of Land are set out with his tenement, partly in form of the last example aforesaid. ¶ The fift Rule. The description and instruction for the making and engrossing of a Terror, of a Manor or such lands, tenements and hereditaments. THough some men make no difference between a Survey & a Terror, accounting all to be one thing, yet truly as far as I could ever learn and understand, there is much difference. One difference is that before last remembered, that is to say, in the ingrosment thereof, to enter, and set out every tenants parcels of Lands, Meadows, pastures and Closes (out of the generalty of the Survey) with their several names, Butts and Bounds all together joined with their tenement, all in one infra, as it were. Also in the terror, some use first to begin with the declaration, of the circuit, then of whom the manor lands etc. is holden, and by what service, as example here ensuing declareth. Then the entry of the Scyte of the Manor place with the demesnes. Then the Parsonage or Vicarage with the Glebe Landes, than the entries first of free holder's, then of tenants at will, if there be any: then of tenants by Indenture for term of life or years: then the entering of the tenants of the Copiholde or Custumary Lands, and last of all, the entry of the common Moors, Marshes, Woods and Estovers belonging to the same Manor, with their bounds and butmentes, as example of a brief terror shall hereafter declare unto you. Which I humbly submit unto the correction of the learned. And some use in entering of their Terrors, to set the names of every tenant with the fine and Herriotes (if they own any) in the left margin, and the yearly rent in the right margin. Manerium de Dale in Comitatu praedicto. Comitat Northumb. MAgnum Terrarium Iohis at Style militis, dni Manerij pred de eodem Manerio diligenter renovat, fact, et examinat per Mandate dni predict, ultimo die Augusti. Anno dni M.D.lxij. Annoque Regni Dne Nostre Elizabeth Dei gratia Anglie Frauncie et Hibernie Regine fidei defensor, etc. Quarto. ¶ Videlicet. CIrcuitur Manerij de Dale pred, incipit apud le cross Way vocat shaw cross apud Orient, ducent ad Burgu●● de B. et exterdit a ●re●i●a via per sepem mag●i conij, vocat le Hethe Down, usque ad locum quendam Circuitus Maner●●d Dale, cun metis et boundis eiusdem. vocat le gravel pits, in exteriore part conij predict, et abind extend per magnum foss. vocat the dry ditch, versus Austrum, usque parvum riuulum vocat Slades Brooke, et abind extendens semper a long per Riuulum pred versus occidental, usque ad molend pertinent Manerio de H. vocat Huttes mylle, et abind reextendit per comem viam sine callem ibm', versus boreal usque ad Stagnum quoddam come vocat Helliers pond, et abind circumextendens per cornerium Parci Manerij pred, & per sepem vocat le great quicksett camporum commun, cuiusdan Manerij voc. G. adjacent usque ad le cross way vocat shaw cross pred. Qui quidem notabiles sive special loci pred noinat Shawcrosse, Gravel Pits, Slades Brook, Hittes mill, et Heliers pond, sunt et semper de antiquo fuerint limits, seu le particular bounds, marks, et meres totius precint sive circuitus Manerij de Dale pred. Tenura, sive de quo tenet Manerium de Dale et per que red et scruit. Manerium de Dale pred cum omnibus et singulis terris, tenementis, pratis, pascuis, pasturis, et ceteris suis iuribus, membr, et pertinentijs tenetur de H. Comite Northumbrie, ut de unino sive manerio suo de C. per libm Soccagium et reddit xxxiiij. s ij. d. ob q. annuatin solut ad festum sc● Michaelis Archangeli tantum. Vel al●●● li tenetur de dna Regina in Capite per seruicium militare in hac forma. Manerium de Dale pred cum omnibus et singulis Terris, Tenementis, Pratis, Pascuis, pastur', et ceteris suis iuribus, membris et pertinent si dimitterentur xxiiii. li. Rectoria de Dale pred cum terr' Glebis. jacobus Branborne clicus Rector rectory de Dale xliiii. li. TEnet Rectoriam de Dale pred, scitusque eiusdem existit inter Regiam viam ibm' ex part Occidental, et cemiterium ex part Oriental, et Scitum Manerij ex part Austral, et communem campum ibidem ex part Boreal, et continet xxxiiii. pertic in latitudine, et lxxxii. pertic in longitudine, superque Scitum pred edificat sunt una Aula, unum cenaculun vocat a Parlour, cum quatuor cameris, et coquina, ac unum stabul et unum Horreun, cont three bay. Ac unum claus. terr' in Occidental part Pomarij, et Gardinum eidem rectory pertinent, cont undecem acr, ac xxii. acr terr' arabil de terr' glebis in communi campo ibm' voc Milfelde, unde vi. acr insimul jacent apud Hoggesende Ferry ibm', ac unam acr et dim jacent apud Branbushe ibidem ac unum acr apud Wynlease etc. Ac etiam omnes decimas, lane, garbar, feni et ceter omnibus et singulis proficuis, decimis, obuentionibus, et commoditatibus ac advantagiis dict Rector pertinent siue spectant, et habuit rectoriam predict ex donatione dicti domini Manerii predit, qui est indubitatus patronus eiusdem in iure Manerii de Dale pred et valet per annum. Liberi Tenentes. Willmus at Nook. lxii. s. TEnet libe sibi et hered suis de domino huius Manerii ex donatione progenitor̄ domini per Chartam, unum Mesuagium sive tenementum liberum: quod qui dem Messuagium sive tenementum jacet inter Rectoriam de Dale, ex part Occidental et Tenementum in tenur R. F. ex part Oriental et Regiam viam ibm' ex part Austral, et communem campum ibidem vocat Milnemarshe field ex part Boreal, & continet xxxi perticas in longitudine, et xxii. pertic in latitudine. Ac etiam unam acr prati in comuni prato voc Blithe Meade, apud le Slade ibm' et v. acr prat in eodem prato apud Forough Bush ibm' etc. Ac unum claus. pastur' voc Craddocks cont iiii. acr, unde unum caput abbutt etc. quod quidem Tenementum vocatur Holynshedes, quond johannis Makereth, et reddit domino annuatim iiii. s. viii. d. et tenet per fidelitat et sect ad cur' Manner ad duas letas annuatim tenend. Et Tenementum pred est heritabil. etc.— Silis intratio fiat de terr' et Tenementis ceterorum libor tenentium. ¶ Tenentes ad voluntatem. TEnet ad voluntatem Domini unum tenementum in Ribstrete, jacent inter tenementum, S. T. ex Oriental part et W. B. ex part occidental, et Regan viam pred ex part Auscr̄ et campum pred ex part Borial continens xxii. pertit in longitudine et xxi. johens Do. xxxxiiii. s. viii. d. pertit in latitudine, cum uno Horto et Gardin adjacent, ac unum claus. pastur' vocat horse crofte, continens octo Acr̄ et dim, abbutt supper terr' Iohis P. versus austral & terr' I. H. versus boreal, etc. ac unam acr et dim prati in coni prato ibm' apud Wrinehille, et quatuor acr dim terr' arabil apud mylne Marsh field, juxta locum vocat Holly acre, etc. et red per annum xxiv. s. viii. d. ad duos anni terminos equal porcoimbus.— Silis Intratio fiat de terris et tenementis ceterorum tenent ad volunt. Tenentes per Indentur pro terino vite sive Annorum. TEnet per Indentur gerent dat xxii. die Februarij. anno regni dni Regis nuper Henrici octavi xxxiiii. unum mesuagium sive Tenementum scituat inter regiam viam pred ex part boreal et Tentum in tenur R. F. ex part austral, et coemm campum pred ex part occidental, et souter's lane ex part oriental, et continet in latitudine xxii. pertic, et xx. pertic in latitudine, et mesuagium sive Tenementum pred est sufficienter construct, ac etiam tegulat, cum uno Stabul et uno Horreo, ac le Oxehouse ibm' cum Stramine coopert, cum uno Gardino et uno Pomario insimul jacent cont duas acr et unam Rodam terr', ac cum uno parvo Clauso Pastur̄ in Oriental, unde unum Caput abutt, etc. Ac etiam xxiiii. Acr̄●err̄ arabil, unde. iiii. acr jacent in Mylnemarshe field, apud windemill hill, etc. ac xi. johens at Noke. Cxiii. s. iiii. d. Acr prat, unde iii acr et una Roda prati jacet in Broademeade, juxta le milne dam ibm', etc. ac quat claus. pastur', cont in tot 32 acr pastur', unde unum claus. jacet apud Benbowe Cross cont xiiii. acr et dim abbut super le Bembow lane, vers. occiden et terr'. Iohis M. versus oriental, et unum caput eiusdem about super claus. de dnicis dni ibm' versus Austral et alterum caput eiusdem abuttt super alium croft eiusdem I M. versus Boreal (& silin modo de ceteris) quod quidem mesuagium sive tenementum, ac cetera premiss. cum pertin' quondam voc Maliardes, modo Tournors nuper, in tenur Willin Turnour defunct. Hend et tenend pred. mesuagium sive tenementum, ac cetera pmmiss. cum pertinent prefat johni at Noke executor' et assign' suis a festo sein Michaelis Archangeli ultimo preterito ante dat eiusdem Indentur ad terminum viginti, et unius annorum, extunc proximo sequent & complend. Reddend inde annuatim dict I S. dno Manerij pred hered et assign' suis v. l. xiii. s. iiii. d. ad duos anni terminos usual equis porcionibus soluend, duran termino pred. uz. ad Festa etc. Et pred Iohens at Noke, et executor' sui habebunt, (ex convencome dni pred sufficient hedgeboote, ploughboote. etc. Et pred 1 at Noke, et excutor sui per Indentur pred tenentur omnibus reparationibus premissorum ad sumptos suos proprios (grandi Maremio solummodo excepto) et ita sufficienter reparat in fine termin pred, in man dni sive hered suorum quiet relinquent, et sursum reddent, ac etiam in fine termin sui predcī dabit dno pred, seu heredibus suis Quadraginta Solidos noine Heriott. Ac etiam tenetur facere sectam ad curiam dni quotiens legaliter summonit fuerit, ac etiam dabit dno annuatim unum Caponem et unam Gallinam ad fest natal dni, etc. Et si redduns pnduns areted fuerit insolut in part vel in tot ꝑ spacium sex septimanarun post aliquod festum solucon pnd, et litime demandat, quod tunc licebit dno pred, et heredibus suis in pmmiss. et quamlibt inde parcel reintrar, etc. Silins' intratio fiat de terr' & Tenementis ceterorum tenentium ad voluntatem, et pro terino annorum, ac pro terino vite, ac per Copiam Cur' secundum consuetudinem Maverij. Tenentes ꝑ Copiam Curie secundum consuetudinem Manerij. TEnet per copian Cur' gerent dat undecimo die Maij. anno regni Regis nuper. H. viii. xxxiiii. unum tenementum custumarium abutt, etc. cuius tennti scitus continet in longitudine ab orient usque ad occident xiiii. pertic, et in latitudine ab austro usque ad bor xi. perticas quod tentum cum uno Stabulo, uno Horreo, ac le Oxestall sunt veter domus et ruinos. cumque Stramine coopert. Ac etiam unum Gardinum et unum parvum Pomarium adjacent in Austral part eiusdem tennti, cont tres Rodas, cum uno parvo Crofto eidem Pomario adjacent cont tres acr & dim, abbut super Austr, etc. Ac etiam xxiiii. acr Pastur̄ in septem clausis, unde unum clm cont ix acr jacent apud Ducwell street abbut super terr' W. H. versus Occiden, etc. Ac etiam quatuor acr Prati in coni Prato ibm' voc Myulnemarshemeade, apud Sande Hill, etc. ac xxxi. acr terr' arabl in tribus coimbus Campis pertin' Manerio pred, videlicet nineteen. acr in Rubro Campo. unde tres acr et two. furlong jacent insimul apd shepherds Bush ibm', etc. qd quidem tentum custumar̄ quod olim vocabat Colliers, modo Hollandes, et erat quondam in tenur Willmi Martin hennd et tenend predicto Nicholas at Style, (si sit sibi et hered) dic, hered & assign' suis, si sit pro termino vite dic) et A uxore sue ac I filij eorumdem et utriusque eorum diutius vivent (Si sit pro terino annorum dic) executor' et assign' suis pro termino xxi. annorum extunc prox. sequend et plenary complendorum, ad voluntat domini secundum consue tudinem Manerii, per red lxii. s. ad felt sancti Michaelis archangeli, et Annunciationis beat Marie virgin annuat soluend equal portionibus, et per alia seruicia inde prius debit et de iure consuet: et hent coinam in amnibus communiis domini Manerii pred pro quibulcunque averiis suis, et tenetur per consuetudinem Manerii pred omnibus reparationibus premissorumpnter grand Marennium, et habent Firewoode; ex consuetudine apud boscum domini voc Estover, super tenementum suum pred expendend et non alibi, et dabunt annuatim ex consuetudine domino Manner pred duas gallinas ad festum natal Domini. Ac etiam post mortem cuiuslibt tenentium pred dabunt dno quilibt eorum optimum Animal nomine Herriotte, et dedit domino de fine viii. li. pro tali statu habend, etc. et admiss. sunt etc. et fecer fidelitat etc.— Silis intrato fiat de terr' et Tenementis ceterorum tenentium per copiam curie. Sed multi solent breviori modo agere Intracoēm eorum tenentium custum. Communia, More et Bosci, ac Marisce dict Manerio de Dale pertin', spectant siue appenden. Communia vocat Wymond common Magna communia ibidem vocat Wymondecommon, continens duo millia, et trecentas acras terr' pertinet communiter came dno & tenentibus Manerii de Dale pred, quam dnis et tenentibus Maneriorum de H. et C. dicto Manerio de Dale adjacent siue contingent. Communia vocat Marshmore Alia communia vocat Marshemore, continens quadringentas acras terr' pertin' proprie Dno et tenentibus huius Manerii de Dale, et extendit se a le Rosses' wood in Orient, usque Halliers Pond in Occiden, et abbutt ver le Auster super, etc. Boscus communis voc le Estover. Boscus communis ibidem vocat le Estover magna, pertinet proprie domino Manerii de Dale predict, et tenentibus eiusdem tam pro reparatione cevementorum suorum, quam pro le fuel eorundem ex consuetud, & extend ab Mores Lake, versus Orient ad Blande marlepitte versus Occiden, et a Graies down Lane, versus Austr̄ usque Banierdes Shave, versus Boreal, etc. Silis fiat intratio de horum silibus. And thus much briefly for the engrossement of a Survey and terror, observing as well the Rules, as forms of entries afore specified, may well suffice. Note also, diverse men addicted to their own fantasies and minds, do use diverse other forms, in making of Surveys and terrors, whose doings like as I will not repugn, so I trust they will not of their gentleness much carp at this, set out of good will for instruction, only of such as be ignorant in that faculty. But yet before I leave treating hereof, I think good to put you in remembrance, that one special point be observed, in the entering of all parcels, that (by searching of the ancient Evidences, Records, Books of survey, and Terrors of any Manor, he do as near as he can, in his new entry in the survey book or Terror, at the engrossing thereof, specify it, and enter the old several names of every Tenement, Close, or such: and also the names of such old tenants as held the same before, aswell asof them that hold it at this present day, and specially of the lands of freeholders, and this principal observation will not only wonderfully preserve memory, but also exclude doubts, and be occasion from time to time to great quietness. A brief ensample whereof ensueth. johannes Do. Tenet libere de domino huius Manerii per Chartan, sibi et hered suis, (if it be by Copy, say) per Copiam cut etc. unum Mesuagium sive Tenementum cum pertin' etc. olim vocat Shanckes, postea Shangrelles, et modo Tremors, olim in tenur Willmi Shanck et postea Edmundi Tremour, et nuper Briani Tyson etc.— ¶ A buy Rule. Regula Apportionation terrarum secundum reddit eiusdem. SOme Surveyors use, some time to portionate the rent of every tenants holding, according to the number, quantity, and quality of the land that he holdeth after the acre. That he may thereby the better perceive what every tenant commonly payeth for an acre, be it Land, Meadow, Pasture, or wood, after the stint of his rent, and if it be better than the rent, then there by he understandeth how much more rent every Acre is yearly worth. But this instruction with other some before specified, should not be made to common amongst those persons, who are overgredie covetous, that care not how they rack their tenants, to their own damnation, least they abuse the same, to the oppressing of their tenants. Yet ye shall have here a brief example thereof. SVppose a Tenant holdeth a Meese or Tenement, with Garden and Orchard, and twenty Acres of Pasture, thirty Acres of arable, and fowertine Acres of Meadow, (as for the wodlande, unless it be in those manours where it is lawful for the Tenant to fell it, or after the same being stubbed, is made into Pasture, etc. is seldom used to be rated or apportionated.) And he payeth for all the same lx. s. yearly. Now if it be known how much of the said Rent is yearly pated for the Pasture, how much for the errable, and how much for the Meadow distinctly, either by several reservation in times past, or how they were severally let heretofore, it were soon done. (As for the House, Garden or Orchard where there is above thirty or five and twenty Acres of land belonging to it, in this kind of apportionating, is seldom or never rated or apportionated) but upon the Land, Meadow and Pasture only. Then is the rate of the Land aforesaid, in this manner apportionated. 2 In Pasture— xx. acr.— Rend xx. s. The acre xii. d.— Acr. liiij. 1 In errable— xxx. acres. Rent xv. s. The acre vi. d.— 3 In Meadow xiiii. acr. Rent xxv. s. The acre xxj. d. ob. Rent lx. s. Carens i d. in toto. Some writ their Rate or Apportionation in this form following. Acre reddus quelibet acr 2 In Pastur̄ xx.— xx. s.— xii. d. Summa acrar— liv 1 In terr' arabil xxx.— xv. s.— vi. d. 3 In Prato. xiiii.— xxv. s. xxj. d. ob Summa reddus— lx. s Carens i d. in toto. Thus where the Rent is severally reserved for every nature or kind of land a several certain rent, it may easily as ye see, be rated or aportionated. And if this be the case ensuing as it most commonly chanceth, that the several rents are uncertain. As a Tenant holdeth a tenement and twenty four acres errable, twelve acre's Pasture, and eight acre's meadow, or such like, now to rate or apportionate the same is somewhat difficult. And before ye can make any substantial apportionation, Ye must partly know the goodness and fruitfulness or fertility of every such land, Meadow and Pasture. For in such a place the same may lie that the errable is not worth iiii. d. an acre, but less, and in such place it may lie, that an acre errable is worth xii. d. xuj. d. yea xx. d. an acre and more. And in like manner the Pasture may lie in some place, that it is worth iii s. iiii. d. or iiii. s. or more, an acre, and in some place lying again it is worth scant xii. d. an acre or less. The Meadow likewise may lie in some such place, that it is worth yearly vi. s. viii. d. x. s. yea xiii. s. iiii. d. or xx. s. an acre, being enclosed and low ground. And again in some place it may so lie, that it may be to dear of v. s. an acre, either for that it is barren, or lieth high, or lying low and fenny, it may be full of Rushes, Flags, or knotgrass. And all these goodnesses of ground may be sometime in one Manor. Yea sometime belonging to one Tenement. Therefore in this, and such like cases the rent must be apportionated after the goodness, and badness, of the kinds of ground, according only to the prudent discretion of the Surveyor, without a rule, or if ye will needs desire, a certain form to apportionate such uncertainties (as most men do covet to have a certainty prescribed in every thing) Then let this following be your way, or mean, which I have known some men use, called a supposition pro incerto, as they term it. Apportionate the rent in the second case aforesaid, by allotting first to every acre of the arable xii. d. an acre, let this be the root now, or foundation. Then allot upon every acre of Pasture always double asmuch and half as much, as is allotted upon an acre errable, and then is here every acre of pasture two. s. vi. d. And than allot upon every acre of Meadow four times as much and half as much as is allotted also upon any acre errable, which as the number of acres of meadow do arise here, is four shillings six pence upon the acre, as thus. In terr' arabil xxiiii. acr reddit xxiiii. s. quelibnt acr xii. d. sum acr xliiii summ̄ red. 4. l x. s. In Pastur̄— xii. acr reddit xxx. s.— quelibnt acr two. s. vi. d. sum acr xliiii summ̄ red. 4. l x. s. In Prat— viii. acr. reddit xxxvi. s. quelimbt acr iiii. s. vi. d. sum acr xliiii summ̄ red. 4. l. x. s. This manner of apportionating some do use when they would readily see a present apportionation (although, near always being uncertain, because it is founded upon a supposition uncertain. But the best and surest way is to make the apportionation always by the knowledge and discretion that is to say according to the goodness and fertility of the land, and seldom otherwise. ¶ The sixth Rule. ¶ The form how a Suit roll should be engrossed and kept. Libi. Tenentes qui debent annual a secta ad Leta et cur' Baron Manerij de Dale pred. HEnricus at Noke, pro libero tennt suo in Halstrete, cum pertim idem. Henricus pro un crofto vocat peaches wood. Willms Boothe pro uno Horreo et xiiii. acr terr' in Southfielde. Edmundus Brainthorpe pro uno prato juxta Hobbes meed. Silis fiat intracio de his silibus, sed si sunt ad compositionem cum dno Manerij reddere annual finem certum, pro sectis ad Cur' pred, tunc intitulatur illa finis in margin super caput eiusdem in hac forma. Finis ꝓ annual sect 12. d Richardus Moreton pro uno Tenemento cum pertin' in le Scadesborne f●●te et sic de ●eteris. ¶ The seventh Rule. The form and instruction how to engross, and keep a customary roll of a Manor. Custionar sive Rotul omnium et singulorum custumariorum in Manerio de Dale pred, de tempore ex quo non extat memoria hominum ibm', usitat et approbat, fact, renovat ac indentat inter dumm Manerii predex una part ac tenentes eiusdem Maner̄ ex altera part. x. Augusti anno etc. Manerium de Dale. EST quedam antiqua consuetudo infra Manerium predict, quod nullus Tenentium eiusdem Manerij potest dimittere Tenementum suum cum pertin', vel aliquam inde parcellam alicui extraneo qui habit extra limites huius Manerii, nisi solummodo alicui tenenti infra Manerium pred, sine licentia domini, ac etiam non dimittet tali tenenti neque, nisi pro termino unius anni, et sic de anno in annum, ●●ne licentia domini, sub pena forisfactur̄ status sui in Tenemento pred, vel parcel terr sic dimiss, etc. Ac etiam quod null●s tenentium Manerii pred decidet, nec ●ender aliquos Boscos super tenementum suum custum, vel aliquam parcellam eidem Tenemento pertinent, crescent, sine licentia domini, sub pena pred &c. Acetiam quod unumquodque tenementum pertinent huic manerio est herietabil et dominus manerii pred Seisabit in manus suas proprias ad op●● suum unumquodque optimum animal quod aliquis tene●● habuit tempore mortis sue nomine heriott etc. Item unusquisque tenentium tenetur per consuetud tenementa sua in omnibus ad sumptus suos proprios de tempore in tempus sufficienter reparare et manutenere in omnibus reparationibus preter grand maremium sub penaforisfact pred etc. Ac etiam unusquisque tenentium tenetur, per consuetudinem eiusdem manner antiquam, dare domino annuatim in fest natalis domini duos Capones, et in festo Pentecostes tres Anseres etc. Et silis fiat intratio de ceteris custum alicui Manerio quocunque spectant. ¶ The eight Rule. The form and manner how to make a true and perfect ready rental of a Manor, when the same shall be delivered to any bailiff, Reue, or collector to gather by. REntale johannis at Stile militis, Manerium de Dale. dni Manerij pred ibidem renovat & examinat decimo die Decembr, Anno regni domine nostre Elizabeth, Dei gratia Anglie etc. Regine tertio, per A. G. Supervisor terr' domini pred, Soluend ad festa Annunciationis beat Marie virgins, et Sancti Michaelis Archangeli, annuatim equaliter. uz. Reddit assil. liberorum Tenentium. De Anthonio Milles pro libo Reddun unius tenti in Southelake cum cert parcel terr' eidem tenemento pertinent. viii. s. D' Augustino Northall pro libo red unius croft ibidem vocat Pastors, continent iiii. acr et dim. x. s. D' Hered johannis Hutton pro libo reddun unius messuagij cum pertin' et cert percellarum terr' in Harston, infra manerium pred per annum. xxiii. s. i d. ob. Sum Redd liborum tenentium xli. s. i d. ob. Reddit assis. scitus Manerij cum terr' dominicalibus. D'Ambrosio Stover firmar scitus Manerij predict cum diversis terr', prac, et Pastur̄ dominicalibus per annum. xxxviii. l. nineteen. s D'Richardo Morrisin firmario unius clausi Pastur̄ dominical vocat Cowlease, cont xl acr per annum. seven. li. two. s. Summa Reddit terr' dnicalium. xlvi. li. xii. d. Reddit assis. Custum tenent ibidem. D' Willmo Bortmocher pro red tenti sui cum pertin' per annum. iiii. li. xii. s. D' johann Tirlynger pro red tenementi sui custr̄ eum pertin' per annum. three li. two. s. D' Henrico Marsh pro red Tenementi sui custum cum pertin' voc Tilers. three li. D' Briano Barret pro red unius Tenementi custum voc Martens. xl. s. D' Oswaldo Barton, pro red Tenementi sui custum cum pertinent. xxxiiii. s. D' Rogero Marlebrough pro Tenemento suo custum voc Wrangles. xviii. s. Sum red custum. xv. li. two. s. Summa total Rental pred. lxiii. l. iiii. s. i d. ob. Memorandun that in like form, as I have showed you by the example of this rental, so may you do in all other. The ninth Rule. I Have under correction partly set out, (although master Fitzharbert hath showed many good forms already) certain forms of such estates by copy hold, and specially the leaviing of a Fine and recovery in a customary Court for Barring of an Entail of customary Lands, not at any time heretofore else published, which was of the diligent and exact penning of the late right worshipful and well learned Master justice Staunforde, late one of the justices of the common Bench at Westminster, according to the copy & true report thereof. AD cur' Manerij ibm' tent die Mercurij proxim' post festum Apostolorum Philippi et jacobi, Sursum red in plena curia. Anno, etc. ven'. T. B. et Surs. red in Man dni in plena cur' unum tenementum scituat in wodlane abbutt supper Tentm I.B. ex part Occidental, etc. xxiiii. acr terr' Prati et Pastur̄ cum pertin' ad opus et usum I.L. et Hered. suorum, qui presens hic in cur' petit admitti ad premis. cui Dns per Senescallum suum concessit inde Seiamm: habendum et tenendum sibi, et Heredibus suis de dno per virgam ad voluntatem domini, Finis. secundum consuetudinem Manerij per reddit et seruit inde prius debit, et de iure consuet, et dat dno de fine prout pꝪ in margin, et fecit fidelitatem et admissus est inde tenens. Surs. reunconis. Ad Cur' ibm' tent, etc. Homage present quod H.H. qui de Domino tenuit sibi et heredibus suis reversionem unius clausi, pastur', etc. infra istud manerium, quorum I.H. vidua est teēns ad terminum vite sue, diem clausit extremum, post ultimam Curiam. Et quod R.H. eius Auunculus est illi heres, scilicet frater Thome H. pris pred H.H. et est plene etatis, qui prnns hic in Cur' petit admitti ad reversionem terr' pred I H. matter dit. H.H. ut supradict est, cui dominus per sen suum concessit inde Seiamm: habendum et tenendum sibi et heredibus suis secundum consuetudinem Manerij pred per red et seruit inde prius debit, Finis. etc. et dat domino de fine prout pꝪ, etc. et fecit fidelitatem et admissus est inde tenens. Vbi maritus tenet in iure uxoris et ubi eis relaxetur per alterum Ad Cur' ibm' tent, etc. comꝑtum est per Homagium quod W.H. post ultim Cur' Surs. red in manus dn̄● unum tenementum. etc. infra istud Manerium ad opus et usum. M. uxis eius et hered suorum. Et super hoc ven' in plena Cur'. I.H. qui iam dict Margaret in uxorem duxit cum predict M. et petunt admitti ad premis. quibus dns per Senescallum suum concessit eis inde Seiamm. Habendum et tenendum eyes, et Hered dicte Margarete de Dno per virgam ad voluntat Domini, scdm̄ consuetudinem Manner pred per red et seruicia, etc. Et dat dno de fine. etc. et fecit fidelitatem, etc. Et admis. sunt inde tenent. Et postea ven' S. T. Et Surs. red, relaxavit et quiet clamavit dict I H. et Margaret vxor' eius in plena et pacifica possessione existent, de et in tenementis pred totum ius, statum, titulum, clameun, interest conditiones et demand sua quecunque hunit hent, seu hintur sit de et in tennto, etc. Ita ut Finis. nec prefat S.T. Hered seu assign' sui post hac aliquod ius clameun seu demand de et in premis. aut aliqua inde ꝑcella exigere, seu vendicare poterint, vel poterit. Sed ab omni accōne juris, tituli, et interesse inde petend penitus sint exclusi imperpetuum per presents. hend etc. ut supra. Ad Cur' manner, Vbi Heres redempt erit terr' impignorat per prēm. etc. compertum est per Homagium quod R. P. est filius et heres, H.P. qui quidem R.P. ingres. cert terr', etc. Que dudum impignorat fuerunt. I P. et iam redempt sunt per I.A. qui mrem dicti R. in uxorem duxit. Et sic idem R. ingressus est terr' prediure hereditar, at post decessum. H. pred ut filius et heres dict. H. cui quidem Ricon dns per Senescallum fuum concessit inde seinam. Habendum et tenendum sibi et hered suis de dno per virgam ad voluntatem dni, secundum consuetudinem Manerii per red. etc. Et dat dno de fine, etc. Et fecit, etc. et admis. etc. Ad Cur' tent. etc. venit. I. T. nuper relict. I.T. viri sui defunct, Relaxacon dotis vidue post mortem viri sui. et pretend here titl in una domo. etc. vinz. tertiam partem omnium terrarum et tenementorum reddit, & seruit cum pertin' noine Dotis sue ex Dotatione dict I T. viri sui, et pro quadam pecuniarum Summa sibi per Willm A. pre manibus solut sursum red, remisit, et relaxavit totum ius suum, statum, titulum clameun interest et demand sua quecunque, que hunit, hent seu hintur sit in premis. Ita videll quod nec ipsa johanna nec hered sui, nec aliquis alius nomine suo vel eorum, aliquod ius. flatum, titlm, clameum interesse seu demand de et in premis. vel aliqua inde parcella exigere, vel vendicare poterint. Sed ab omni accone juris, status, tituli, interest, Licentia dimittendi terr' custum sed demand penitus sint exclusi imꝑꝑuum per presents. Ad Cur' ibm' tent, etc. conceditur R.H. vidue, potestas, et licentia dimittend unum claus. pastur' voc. N. uz. cum pertin' jacent et existent infra istud Menerium. T.P. et assign' suis a sesto, etc. ultim preterite, usque ad finem Termini xxi. annorum, Finis. tunc proxime sequend & complend. Et dat Domino de fine pro licentia inde hennd ut pꝪ in margin. Pro terio vite. Ad hanc Cur' ven' I.H. et R. uxor eius, ipsa sola exainata coram senescallo, et sursum red in manus dm unum tenement cum pertin' jacent inter tenement F. H. etc. ad opus et usum G. H. & I vxor' eius ad terminum vite eorum, et alterius eorum diutius viven, Finis. secundum consuetudinem Maverij, et dant domino de fin, etc. et f●cr̄, etc. et admis. sunt, etc. Surs. red. super conditionem. Ad Cur' ibm' tent etc. venit I.H. et Surs. red in manus domini unum tenementum, etc. abbutt, etc. ad opus et usum R. F. etc. hend et tenend sibi et heredibus suis, de domino ad voluntatem domini scdm, etc. sub conditionibus sequentibus, videlt si pred R. F. soluat, aut solui faciat prefato, I.H. xx. li. ad festa infrascripta vinz, etc. et ad fest etc. proxim' futur' post datum huius curie, quod tunc prius sursum red, sit in suo robore et effectu. Et si ipse defecerit in solutione solutionun pred. in part vel in toto, etc. quod tunc bene licebit I.H. pred et assign' suis reincrare in premis. et ea rehenre, ista sursum red in aliquo non obstant. Et dat domino de fin, etc. et fecit fidelitat, etc. Et admissus est. etc. Vbi dns con cedit proterino annorum cum claus. reparation. AD Cur' ibidem tent etc. Dominus per A. B. Senescallum suum concessit R. F. unum messuagium cum domibus edificiis etc. ac ceteris suis pertm vocat. N. hend et tenend sibi et assign' suis a festo sancti Michaelis Archangeli, ultimo preterito ante dat huius Curie, usque ad finem et terminum xxi. annorum, extunc proxime sequent et plenary complend. Reddend inde annuatim dicto domino, et hered suis x. s. ad quatuor anni terminos viz, ad festa etc. per equales portiones. Proviso semper, quod duran termino pred dominus inveniet grand maremium, totiens quotiens necessarium fuerit dicto tenemento, ad emendend, reparand, et sustinend, et dat domino de fine etc. Et fecit fidelitatem etc. Et admiss. est etc. The form of a Copy for term of three lives, as it is commonly used in the counties of Devon, Corn, Somers. Dorss. etc. where the tenants take their holdynges of the letting of the Surveyor. etc. AD Cur' Manner ibm' tent etc. venit I.G. et cepit de dno ex traditione R.F. Armiger, Manerium de Sale. ꝑticular supervisor terrarum domini ibm'. per literas eiusdem domini patent sufficient autorizat, that etc. unum tenementum cum pertin', cont xxxvi. acr terr' et iiii. acr prat abuttat etc. habend, et tenend oina & singula premiss. cum suis pertin' prefat. I.G. & Elizabeth uxori eius, ac Agnet filie eorumdm ad terminum vite eorum et alterius eorum diutius viven successive, ad voluntatem dm secundum consuetudinem Manner, per red et seruic inde prius debit et de iure consuet. Et dat domino de fine xxiiii. Finis 24 l. li. soluend, ad manus Ballivi Manerii pred, ad iiii. proxim' comput equaliter etc. Et fecit fidelitat etc. Et admissus est. etc. An exact form of a Recovery of Copieholde land, for barring of annuity, fact et dimiss. per W. Staung. AD hanc Cur' tent etc. Venus I.H. filius W.H. de S. in propr persona sua, Querela quedam de recuperatione. et quer' versus I A. filium et hered W. A. defunct in plito terr' videlt de uno tenemento, et xviii. acr terr' custum, & heriott cum pertin' voc Welles, ac un acr terr' voc B. et T. pred infra jurisdictionem huius Curie, et fecit protestationem prosequi querelam istam, in natura bris domini Regis de ingrid super disseinamin le post ad comem legem, et inven plegios de prosequend querelam suam, johannem Do, et Ricardun roe, et petit process. inde ei fieri versus pred johannem A. secundum consuetud Manner erga proximam Cur' hic infra Manner pred tenend. Et ei conceditur: super quo preceptum est W. T. Ballio Manner pred, at ministr̄ huius cur' quod Summon at per bonos Sun monitor prefat I. quod. sic hic ad proximam Cur' tenend: ad respondend prefat I.H. de plito pred. Forma recuperationis in curia. AD hanc Curiam ven' tam I.H. quam johannes A. et Willmus T. Balliws domini Manerii pred, ac minister huius Cur' et retorn̄ quod preceptum suum ad ultimam Cur' sibi direct in omnibus seruit & execute super quo ven' pred johannes H. in propria persona sua, et per licentiam domini petit versus pred johannem A. unum tenementum et xviii. acr terr' custumar et herriott cum pertin' in T. pred infra jurisdictionem huius Curie, ut ius et hereditatem suam: et in quam idem I A. non habet inḡrū nisi per disseinam quam Hugo Hunt, inde injust et sine judicio fecit prefat I.H. infra quinquaginta annos, iam ultime elapsos. Et unde dicit quod ipse fuit seisitus de pred tenemento, et xviii acr terr' custum cum pertin' in T. pred in dnico suo, ut de feod et iure, tempore pacis tempore dni Regis H. viii. nuper Regis Anglie pris domine Regine nunc, capiend inde exples ad valentiam etc. et in que etc. Et inde produt sectam etc. et pred I A. in propria persona sua ven' et defend ius suum quando etc. Et vocat inde ad Warrantizand W. R. qui presens est hic in Curia in propria persona, et great tenement et xviii. acr terr' pred ei warrantiz. Et super hoc predictus johannes, petit versus ipsum W. Reed ten' per Warrant suum tenementum et xviii. acr terr' cum pertin' in forma pred &c. Et unde dicit quod ipsemet fuit seisitus de tenemento pred, et xviii. acr terr' cum pertin' in dominice suo ut de feod, et iure, tempore pacis, tempore domini Regis H. viii. nuper Regis Anglie pris domine Regine nunc, capiend inde exples ad valentiam etc. et in que etc. inde produc sectam etc. Et predict W. Reed ten' per Warrentiam suam defend ius suum quando etc. Et postea idem johannes H. revenit hic in Curia ista in propria persona sua, & pred Wilmus Reed licet solempnit exactus non revenit sed in contempt Curie recessit, et defaltum fecit, ideo concessum est per curiam quod pred●n̄s I H. recuperet seiam de pred tenemento, & xviii. acr ter cum pertin' versus prefat johannem A. Et quod idem johannes A. habeat de terr' et tenementis pred Willmi Reed, infra Manerium pred ad valentiam etc. Et idem Willmus Reed sit in mina. Et super hoc in ista eadem Cur' ven' pred johannes H. et humiliter petit quod ipsum johannem ad pred tenement, et octodecim acr terr' cultum cum pertin' secundum formam Recuperationis pred admittere dignaretur. Et super hoc duns per senescallum suum concessit prefat johanni et hered suis seinam premissorum cum pertin' tenend sibi et hered suis quiet de prefat johann A. et hered suis imꝑpum secundum formam Recuperationis pred de dno per virgam ad voluntatem domini secundum consuetudinem Manner pred per reddit etc. et dat domino de fine etc. Et postea in eadem Cur' ven' pred johannes, et Dorothea uxor eius, ipsaque Dorothea per senescallum sola examinata et confess. per sursumredd remiser et relaxaver prefat johanni H. et hered suis totum ius suum stat, titulum, clameum, interest, & demand sua quecunque que habent hunerunt, vel in futur' hēre poterint in pred tent, et xviii. acr terr' cum pertin'. Ita videlicet quod nec ipsi johannes, et Dorothea, nec heredes sui, nec aliquis alius nomine eorum, aliquod ius vel clameum in pred ten', ec xviii. acr terr' de cetero exigere, vel vendicare poterit, vel poterint, sed ab omni actione Iur', vel clamei sint exclus. et quilt eorum sit exclus. per presents. Et dat domino de fine pro relaxatione pred.— xiii. s. iiii. d. And now thus much may at this time suffice, touching the entry of the estates of Copy hold Lands, if ye will see more, I refer you to master Fitz Harberts' work. The tenth Rule. BEcause it is partly appertaining to the Office of a Surveyor, to have some understanding in measuring and meating of Land and wood ground, and how to reduce the same into true Contents and numbers of Acres, as often and when as occasion shall require: Although they that desire the full and perfect knowledge thereof, may read the same out of the ancient Books of Architas and Archimedes, or of worthy Euclides treating of the whole science of Geometry, or else for this part Geometrical, only for measuring of Lands, the Book of Richard Benese, late Cannon of Marton, and the Tectonicon of master Leonarde Digges our Countreiman, very well set out in our days: Although I might (I say) leave men to those Books for their instruction in this matter, where as they may learn twenty parts more than I can inform them: Yet because few men are ripe therein, neither the same Books are always at hand at needful times when occasion requireth, I have therefore thought good, leaving and passing over an innumerable number of examples, (and also the Geometrical Instrument or Staff untouched) only hereunto to annex, and set out in brief manner, for the Surveyors better instruction: first, the parts whereinto an Acre is divided: Secondly, a few plain examples amongst many, for measuring of Land, and Wood, aswell Hills as Valleys, which diligently considered and perused by any willing or sensible parson, he may with practice, sufficiently understand the true measuring of all manner of parcels of Lands and Wodds whatsoever. And specially thou shalt have also (Gentle Reader) in the end thereof, a ready and fruitful Table for Contents of Lands, much more amplified than Digges Table is. Only desiring this of thee, Gentle Reader, whatsoever thou be, that how soever my simple labour shall like thee, yet, without any detracting or dispraise, to accept in good part my willing industry. ¶ The Parts or Divisions of one Acre with the Denominations of the same, according to the Statute here mentioned. Three Barley corns fair and round, taken out of the midst of the Ear, maketh an Inch. Twelve Inches make a Foot. Three foot make a Yard. Five yards and a half maketh a Perch, which in some country's men call a Pole or Rod. a perch. Four perches make a day work. Ten day works or forty perches maketh a road or quart of an Acre. Fourscore perches or two roods maketh half an Acre. A hundredth and lx. Perches or two roods, make an Acre. And forty Perches in length, and four in breadth is. ¶ A General Rule to be learned of the simple, to cast perches and dayworks into Acres. AS a Mark of English money, containeth two Nobles, which contain Clx. d. that is every Noble four scour pence: & every half Noble xl. d: So an acre containeth Clx. perches, half an acre four scour Perches, and the quarter of an acre or rood, xl. Perches. And in every Mark is xl. groats, and in every Groat. iiii. d. so is there in every Acre xl. day works, and in every day work four Perches. Thus by rate of money, perches and daieworkes are easily reduced into acres: or in this manner also every x. s. is three quarters of an Acre, and every pound in money is one acre and a half. Jnstruction for Introduction. TO answer by Rod or by line, it is at your pleasure, but of them both the line is the speedier and most commodious, and also of most antiquity. Your line being four Perches of length, and at every perch end a knot, would be well seared with hot Wax and Rosen, to avoid stretching thereof in the wete, and shrinking in the drought. Also you must note, there are diverse fashions of lands, and therefore diversly to be measured. And some manner of land lieth in such sundry forms, that it must needs be measured, not in the whole, but in divers parcels, every part by itself. Also where a piece of Land is to be divided into divers parts, of which each one must be measured by himself, than ye aught vigilauntly to consider, into how many parcels, and into how many and what manner fashions they must be divided, that ye may measure every part, according to his form or fashion. diagram Note also that howsoever your piece of land be formed or fashioned, be it square or partly square, round or partly round, triangled or partly triangled, or a hill mounting, or a valley descending (of some of all which figures ye shall hereafter see examples) Yet always must such pieces of Land whatsoever it be, be reduced into one certain breadth and one certain length, or else it can never be collected or summed into a perfect content or number of Acres, and other odd quantities. The finding out of which lengths and Breadthes, my examples ensuing shall thoroughly show you. ¶ The first Rule, called the Rule of Squares. Now because the even Squares be the easiest to be measured, and therefore best first to be placed, for the instruction of learners, I thought requisite to begin first with them. ¶ Example of Squares. SVppose your piece of Land to be square, that is to say, equal of breadth at both ends and equal of length at both the sides, after this figure ensuing, whereof the sides is, 40. perches a piece of length, and the breadth is 10. perches a piece. diagram Then is there no more to do, but the same being so measured and found, multiply the length with the breadth of the Perches which is here. 40. by 10. And being so multiplied, it cometh to 400 Perches, which if ye seek in the Table hereafter following set out for contents (or else do cast it into acres, or otherwise by rate of money, as in the general rule aforesaid is showed you, you shall find that piece to contain 2. Acres. 2. roods. diagram And where some unskilful measurers, use to meat a piece of land round about, of whatsoever fashion it be, adding the number of perches of every side together, and then use to part the whole number of Perches, into four equal portions, of which, they will take one part of the breadth, and the other for the length, they are not a little deceived. The second Rule, called the rule of Triangles. Moreover, a man may not only cast the squares aforesaid, and all other square land if he please (though for such, the rule aforesaid is the speedier) by the rule of Triangles hereafter ensuing. But also there is almost no manner of fashioned land, but it may by diligence be brought, or divided into Triangles, and so by the Triangle Rule, the just content of Acres found and measured. Example of pieces of Land Triangled and first of the even Triangle. diagram Admit this Figure ensuing to be a parcel of Land, of which my desire is to have the just and true measure. There about is written as ye see B C D E. I find by measuring cord, or such like, that the depending, or whipped line B, C, is 24. perches and the base line D. E, which the depending line cutteth in form of a squire, to be 24. also. Then multiply 24. Perches by half the depending line, which is 12 Perches, and it amounteth to 288 Perches, which summed into Acres, make one Acre, three roods, and two day works. But for your more speed of casting, if you please, when you have found the just length, and breadth of any figure, repair to the Table hereafter described, and that will show you the just number of Acres. diagram And this is the general rule of all manner of Triangles, as well presently hereafter figured, as of all other whatsoever they be. Also it is the principallest rule for measuring of land. diagram diagram The Rules for unequal parcels of Land. NOw when any piece of Land happeneth to be of such form, that it hath many points & Corners unequally formed: Then because it is yet neither triangle nor square, it is without the compass of your Rules before specified, until they be divided, as the proportion of the Figures following do show, and such like. Then ye must by separation divide them into parts, That is to sa●inc● 2. 3. 4. or m●e parts, as cause shall require, either into triangles or squares. And note that first. I show you Figures, of three imagines pieces of Land, or ever they be 〈◊〉 by the separating line, as the examples hereafter do declare and show. Ye must cast every parcel triangled or squared, by the order of the Rules afore specified. diagram ¶ Examples of the sail unequal figures aforesaid here as ye see now separated. NOW as concerning these Figures afore also showed, ye see how now they be by the line of separation (which is the dashed line) separated or severed, that is to say the first into one square and two triangles, without the dashed line. The second figure into 2. triangles, and the third into three triangles by the dashed line. diagram Now the descending wipped line of the 2. triangles at the ends of the said square suppose to be 6. Perches a piece, & the said side which they cut squarewise 10. perches, then multiply either of the said 2. sides cut squarewise, with half the depending lines being 3. a piece, and it maketh either of the said triangles 7. day works and 3. perches a piece. And so the whole some of the first figure cast together, is 1. Acre & 2. perches. Now ye see the second figure by the line dashed, called the line of separation, to be divided into 2. parcels of land triangled. The hanging line of the uppermost whereof, Imagine to be 8 Perches, and the dashed line which it cutteth squarewise to be 12. Perches. And so the half of the depending line being 4. multiplied by 12. maketh 1. Rood & 2. day works. And likewise the depending line of the neither parcel of the said figure is 6. and the base line which it divideth squarewise. 12. Perches and so the half of 6. which is 3. multiplied by. 12. maketh. 36. Perches, which is 9 dai● works. And so the whole piece of land or figure containeth. 3. roods and 1. day work. And ye see the third figure is now divided by the two dashed lines of separation into three triangles, which containeth as in the figure I have set out, without any further rehearsal, for avoiding of tediousness. Also some pieces of Land as these two figures ensuing, and such like, albeit they may be divided into triangles, and so by the Rule of triangles measured, yet have they a proper Rule for the more celerity in measuring of them. ¶ The Rule of triangled Squares. ANd for example, the first of these figures being A.B.C.D. and also the other figures being E. F.G.H, And all manner diagram of others such formed pieces of lands, when thou wouldst measure them, do no more but join the ends both in one sum, and then take the half of that number, and multiply him with the whole number of the middle line or whipped line, and the content●●● appear, as ye shall see the first figure, at the like 〈…〉 and C. is 4. Perches: and between B. and D. is six Perches. Now 4. and 6. make 10. The half whereof is. 5. which being multiplied by 10. which is the middle depending or whipped line, cometh to 50. Perches, which maketh one Rood, and two day works and thr●e Perches. And so call the other figure also and such li●e. ¶ The most excellent Rule for measuring of Wood Land, and other pieces of Land, that are deformed or on all sides unequal. AS touching the measuring of 〈…〉, and such like: And also for any manner of evil ●auoured fashioned piece of Land, which requireth to be brought into many Squares or Triangles, To save labour, ye may do as followeth: also it is 〈…〉 (this ●●le following) where a man cannot view every way from side to side, for standing of Wood, Fur●●● or such like. diagram diagram And again briefly for your instruction, this is the said last Rule. first by enlargement measure it Square. Then multiply the one side with the other, and cut of the total or producte, ●●ll away that ye added and the true measure is contained in the remainder. ❧ The Rule of Roundes or Circles. AND now for measuring of a Piece of Land all round, which is without any Angle or Square: or ever ye can ●eate such a piece of Land, I must advertise you of certain proper names, belonging to a Circle, or Round piece of Land, how every part is called properly. A circle doth contain these parts, which are also called by these proper names ensuing. The roundel is called the Circumference. The just middle point or prick therein is called the Centre. The line going through the prick or centre, and justly dividing the circle, is called the Diameter. The half of that is called the semidiameter. The part divided above in the circle, from A to B is called an Ark. diagram And then if ye would know, what this round piece of Land following containeth: Take this for a general rule, in every Diameter multiply half the circumference, and it showeth the content of any circle. diagram diagram An example of parts and portions of a Circle. IMagine that P. Q. R. here ensuing, were a part of a Circle, or piece of Land, whose contence ye would have. And the whole compass of the Circle, which this portion representeth, as is said before, were 80. Perches, his breadth or Diameter is 40. Perches: The compass whipped ark, unto the middle line, which divideth the Centre, and is called the Diameter, is diagram 40. Perches: now the semidiameter, or half breadth of the Circle 20. multiply half the Compass of the Circumference whipped, and it maketh two acres and a half, and that is the content of the whipped compass to the sides of the triangles whipped. Now to understand the other portion, or ark that is above the whipped Triangles, severed by the line P. R. ye shall add the content of the Triangles, which is one Acre and three roods to be found by the rule of Triangles: so have you in the whole four Acres and one rood. This sum subtracted from the number contained in the whole Circle: the remain is the sum of those Perches contained in the Ark, or small piece above the Triangles, that is to say, three roods, and that added to the rest, maketh the whole Circle five Acres again, as is aforesaid. The rule of Regular squared land. BUT and if your compass be a piece of regular, or right squared land of many sides, as are these two figures ensuing: Then measure and lay all the sides together, taking the half number of perches there contained. Then draw a right depending line from the mids of one of the sides to the Centre, and with that breadth multiply the other half number aforesaid, and the content will appear. Example. Admit this Figure diagram A. D. B. C. to be a parcel of Land six squared, and every of the sides to be 20. Perches a piece, the which summed together make 120 Perches, the half whereof is 60. and the depending whipped line, coming from the midst of the upper square to the Centre to be 30. which two sums multiplied one by the other, as afore is showed, make five Acres, two roods, and five days work, and in like manner the other Figure is to be cast, or else if ye list not to multiply the sums yourself, you may with the length and breadth, enter my Table ensuing. And note this also principally, that triangles of all sides alike, and also the quadrate figure, may be also measured by this Rule. ¶ The Rule for measuring of Mountains or Mountain Land, and also valleys or valley ground. NOw for the mountain or hill, ye must do this. Measure the Circuit of the Base or foot of the Hill or Mountain, and that done, measure the upper part, top, or Summitie thereof. Then join them or add them together. So must you likewise do of the Assenses, that is to say, of the going up from the foot to the top, always joining the measures of the shorter and longer in one sum. Then take the one half of the Ascences joined, and therewith multiply the half of the circuits added, and the content will appear: as for example. diagram Suppose E. F. G. to be the Mountain or Hill, The compass of the foot or base whereof, I find by measure to be 400. Perches. G. the Top to be. 20. Perches, F. and G. being one of the Assenses to be 60. perches, & the other Assents from E to G. to be. 38. Perches. Now when I have added together the Circuit of the base or foot, and the Circuit of the Summitie or top, I find, they make. 420. The half whereof is. 210. And the half of both the Assenses to be. 49. Perches, which two Sums of the said halves, multiplied the one into the other, or if ye enter for speed, the Table with those Sums, ye shall find they make just. 64. Acres. 1. rood. 2. day works, 2 Perches. AND moreover, now for the Valley or Dale, look as in the Mountain ye measured the circuit of the foot or base: So now here the compass of the height of the Valley must be measured, and also as ye sought to have the measure there of the Sum●●ity or top: So must ye here also measure the Circuit of the Bottom, or Déepth. And also as in the Mountain, ye measured the Assense or going up to the top: So must here, the Descense or going down of the hill be measured. And then for working the residue, do like as I have in measuring the Mountain informed you. ¶ An example of measuring the Valley. AND because I will show you but one example for all: I have here figured a piece of Land of an unequal Valley, that it may be the Rule of measuring of all manner of Valleys, in what form soever they lie or be fashioned. Lay the circuit of the height which I suppose here to be 30. in the compass about of the top of the Valley. And the déepth of the Valley being 16. Perches, and take these for the breadth. Then measure the Descences of both sides to the bottom, the one side whereof here is. 18. and the other. 34. perches, which added together make 52. And that is for the length. And then multiply half the said number which is. 26. by 46. Perches, being half the other number aforesaid, diagram and it cometh to 1196. Perches, which make the content of the Valley aforesaid. 7. Acres. 1. Rood and. 9 day works. Now if ye list not yourself to cast this sum, and all such like sums, ever when ye have the length and breadth of any of all the figures aforesaid or any other like. Enter the Table following for your expedition, and the contents will appear. And thus much as is afore for the Introduction of measuring Land, with the practice, shall suffice for the Surveyor, or his diligent Landemeater. Finis.