A chorological DISCOURSE OF THE WELL Ordering, disposing, and governing of an Honourable Estate or Revenue. BRIEFLY DESCRIBING the duties of diverse Officers therein to be employed: for the better preserving, improving and augmenting of the same. TOGETHER WITH CERTAIN BRIEF AND NEcessary Tables for the valuation of Leases, Annuities, and purchases, either in present or in reversion. Written by T. C. Gent. Aestas quamprimum fuerit componite nidos. LONDON, Printed by GEORGE ELD dwlling in Little-Britaine. 1621. TO ALL THE RIGHT Honourable, Noble, and Worshipful Lords, Owners, Possessors, and Purchasers of Revenue, to whose view and use this present Treatise shall come. RIGHT HONOURABLE, and RIGHT WORSHIPFUL: IT being manifest, the two main materials out of which Honour and Nobility are created, to be Virtue and Revenue: as the first being conspicuously to be noted in the actions of men, both military and civil, is of all to be embraced: so the latter serving to sustain Honour, and being as it were the very nerves and sinews thereof, is of none to be neglected. Revenue therefore, and the due ordering thereof to the best advantage, and least charges of the Lords and Owners of the same, is the subject which in this ensuing Discourse is entreated of: which although in some particular Offices, others have heretofore more largely handled, yet in this brief and general kind no man to my knowledge hath hitherto laboured. That I have endeavoured to be brief, is because I would not be tedious to such whose weighty affairs otherwise abridge them of time for these matters. Yet I presume (for the most part) this brevity is without obscurity, and being sufficient for the purpose it intendeth, frustra fit per plura, quod fieri potest per pauciora. Such as it is, I humbly present it as the best means I have, to testify the great desire in me to do service to the Nobility of my country, whose favourable acceptance of these my poor endeavours I only crave and entreat, and so rest Your Honours and Worships ever devoted. THO: CLAY. CARMEN AD Auctorem, seu Passus ad Athenas. TAm bene, tam graphica describis singula penna, Disponens docta, munia cuique manu: facile constet cuivis tentare volenti Commoda de studijs multa scatere tuis. Ingenij specimen das non vulgare sagacis, Et lumen genij non mediocre boni. ●sta legat Quaestor, studeat Geometricus ista: Officij partes noscet uterque sui. Tho: Widmerpoole. IN DUE COMMENDATION OF THE Author, his Work and worth. Revenues Order, Officers, and Laws, With each man's duty how estates to raise: Of every loss and profit the true cause; Thou here describest, in plain yet pleasant phrase. Thy precepts brief, yet pithy in each part, Declares thy judgement, and extol thine Art. In purchase, sale, exchange, or leasing out, (Be it in present or reversion) This little Tract so cleareth every doubt, As shows itself in such commersion, For Lords and Owners all, a work so rare, That none yet extant can with it compare. ADAM SMITH. A chorological Discourse of the well ordering, disposing and governing of an Honourable estate or Revenue, wherein is briefly described the duties of diverse Officers therein to be employed, for the better preserving, improving, and augmenting of the same. CHAP. 1. Of the definition of an Honourable estate, and of the Officers and Ministers belonging to the same in general. FOr that, according to the precept of the grave and learned Roman Orator Cicero, the institution of all things whereof any discourse is to be made, or continued, aught to take his beginning at Definition: it shall not be amiss, but very necessary, first to define what this Honourable estate or Revenue whereof we purpose to entreat is, and then orderly to proceed to the particular precepts and observations to be handled in the ordering of the same. As touching the definition therefore: I call that an honourable estate or Revenue, where any Lord or owner thereof is by the blessing and providence of God, either by inheritance, gift, purchase, or otherwise, endowed with Honours, Manors, Lordships, Houses, Lands, Tenements, and such like possessions as have belonging unto them Royalties, services, franchises, liberties, and other privileges, and immunities, not incident to common estates, and tenors. For although that honourable titles (in respect of men's persons) do properly belong unto none but such who by descent, office, place, the Prince's free gift, or such like, may justly challenge the same, yet even men of meaner rank may be seized of such honourable estates. And for as much as diverse Lords and owners of such estates now a days (whether through negligence, ignorance, fear of too much expense, or the like, I know not) for want of skilful, discreet and faithful Officers and Ministers to that purpose, do not only daily lose diverse of their Royalties, services, customs, and casual profits, to the spoiling & dismembering of their Manors, but also suffer many encroachments, concealments, and other nuisances, to be oftentimes made and committed against them to their great, and sometimes irrecoverable prejudice: which contrariwise by the care and providence of skilful, discreet, and honest Officers would quickly be found out and prevented: My purpose is therefore here to describe such an order in the managing, disposing and governing of such estates, as whosoever shall be pleased (after mature consideration) but to observe the same, I doubt not but he shall find great profit and contentment therein, and the course nothing so chargeable to be maintained as many men may imagine, being that the surplusage of of the profits arising by the well managing of such an estate, shall yearly amount unto a greater matter than the surplusage of the charge which otherwise it would come unto. To proceed therefore, I say, that to the well managing of an Honourable estate, there is required Officers and Ministers skilful, discreet, faithful, and honest. And now we are to inquire what and how many they be; what is each man's particular duty, and how to make choice of them. Officers of Revenue belonging to the well managing and government of an Honourable estate, may generally be divided into Officers of order, and Officers of charge. Officers of order are the Auditor, Surveyor, learned Steward, & Solicitor, which I so term, aswell for that they serve to direct the whole business of the Officers of charge, by informing each man of the particular duties belonging to his place, and by seeing that the same be duly performed: as also, for that they themselves (in respect of their proper offices) are not chargeable with the receipt of any profits, nor accountable for the same. Officers of charge are all such which have some charge or other imposed upon them, as the receiving and disbursing of the Lord his moneys, the collecting of his rents, fines, and casual profits, the overseeing of his Demesnes, cattles, and husbandry, the custody and sale of his woods, the provision of his house, or any other such employment for which they stand accountable. And these Officers are twofold, viz. of Receipt and of Expense. Officers of Receipt are the Receivers general and particular, the Storer, Woodward, Bailiffs, Collectors, and such other Ministers, which have the charge and receipt of the Lord his Rents and other profits of his Revenue: and these are all accountable to the Auditor for the same. Officers of Expense are the Steward of the house, and under him all other Officers of the household, which have any charge imposed upon them, whereof they stand accountable to him, as the Gentleman of the horse, Clerk of the Kitchen, Baker, Brewer, Butler, and such like, all which for brevity's sake I omit, purposing in this discourse to entreat of none but such as are chief necessary for the managing of Land-revennue, and which have some charge imposed upon them for which they stand accountable to the Auditor. And now that we have sufficiently expressed what Officers are of necessity requisite to the well ordering & managing of an honourable estate, we will according to our former propounded method, set down the particular duty of each several Officer as they fall out in order and dependence, reserving the Auditor for the last place, because in his office, as in a main stream or River, the effects of all the other, as the branches thereof, do concur and are made manifest. CHAP. 2. Of the Office, duty, & choice of a Surveyor. THe Surveyor is an Officer of order, & one of the principal in an honourable Revenue; whose Office is to view and survey all and singular the Honours, Manors, Lordships, lands and Tenements of his Lord, and to search out all the profits, Royalties, privileges, and customs thereunto belonging, expressing the same orderly in his Books of Survey; and also to set down and distinguish in his said Books, the particular lands of every Tenant within each Manor, truly butting & bounding each several parcel thereof, and expressing the ancient names of the same, the quality, quantity, and yearly value of each man's Tenement, the tenure by which he holdeth, and the Rents and services yearly due and payable therefore, with the Feasts and days of payment, entering each tenure orderly and severally by itself. To take notice of such encroachments concealments, purprestures, and such like, as he shall meet withal in his view and perambulation, and to certify the Lord or his Commissioners thereof, that the same may be reform, or presented to the jury at the next Court, and arented to the Lord his profit, as also to inquire of Rents decayed, and to do his best endeavour to revive the same. To make good & formal Terrars or Rent-rolls out of his Books of Survey, expressing therein orderly all rents, services, and certain profits, within each Manor, and the times that they are due, payable, and to be performed; and to deliver the same to the Bailiffs whereby they may gather up and collect the said profits, and also see the services duly performed to the Lord his use. To make out Suite-rolls containing all the Tenants names that own suit of Court to the Lord his Manors, expressing therein each several tenure by itself, and what services and customs each Tenant holdeth by, as fealty, homage, relief, etc. and to deliver the same to the several Stewards that they may thereby call the Tenants at the Lord his Courts, and be directed what to do upon every change, as death, alienation, surrender, and such like. And for the better performance of all these duties, and whatsoever else is fitting to be required at the hands of this Officer, he ought to be sufficiently skilful in all the parts of Survey, viz. the Mathematical, Legal, and judicial, which sufficiency to obtain, he must be endued with these several gifts or qualities following. First, he ought to have the perfect use of some Mathematical Instrument, as the plain Table, Theodelite, Circumferentor, or such like, fitting for the use of Survey; and also to be well seen in Arithmetic and the grounds of Geometry: whereby he may be able aswell to find the errors which he may commit in platting of grounds, or casting up the contents, and amend the same, as also to prove the truth of his work and to give a reason thereof. Secondly, he ought to have some ●easonable knowledge in the common Laws, especially in such general points as are incident unto, and do most concern a Manor or Lordship: whereby he may be able to know and distinguish the several tenors, rents, services, Royalties, and such like principal matters required in a Survey: and to express the same orderly in his Books, Terrars, Rent-rolls, etc. Thirdly, he ought to be a reasonable good Clerk, and to have good skill in evidences of all sorts, aswell ancient as modern; to be able to read and understand the same, whether they be in latin, French, English, or any other language heretofore used in this land. Fourthly, he ought to have good skill in the goodness of grounds, and in the valuation of the profits & commodities growing and arising out of the same, as Timber, underwoods', Ours, Quarries, etc. as also in the valuation of lands or casual profits, to be leased, sold, purchased, or exchanged, either present or in reversion, either in fee-simple, fee-farm, upon lives, or term of years, etc. And now that we have sufficiently declared the office of a Surveyor, and how to make choice of him by the qualities he ought to be endued withal; we will proceed a little further, to show the benefits and commodities that may and do arise by this Officer executing his place honestly & well: which although for the most part, they do clearly shine and are manifest in that which we have before spoken, yet because this Officer of all others belonging to Revenue, is hardly thought of, and most calumniated by such as either understand not what use to make of him, or rather such whose close packing and secret injuries are by him in danger to be laid open; it shall not be amiss to explain the profit of his faculty a little better. Wherefore I have here laid down the principal commodities of a good and absolute Survey, (so fare as at this present my memory will serve me) in these six Articles following, viz. Inprimis, it is a good means to conserve the Rents and Customs of all natures from being concealed, left, or decayed: or their natures by evil disposed Tenants or Officers any way altered or changed. 2 Item, to let, hinder, and avoid encroachments that might be made between Lord and Lord, Lord and Tenant, and Tenant and Tenant: or being formerly made, to lay open and discover the same: as also in times to come to decide controversies that may happen in this and diverse other cases. 3 Item, in letting and setting of lands, in fineing of Copyholders', in sale and exchange, a perfect Survey is able to inform the quality, quantity, value, tenure, and situation, aswell and better than any other view that can be taken beside. And by perfect Surveys so taken, the Lord or his Commissioners sitting quietly at home, may not only themselves assess fines upon the leases, & customary estates, but also continually see both how themselves and their Tenants be dealt withal by their Stewards or other Officers put in trust for the like matters. 4 Item, to revive decayed Rents, Royalties, etc. and to bring to light Concealments, forfeitures, and other such like trespasses and injuries. 5 Item, a good Survey is beneficial to the Lord and his posterity, being as good evidence in law for any matter in controversy, as any other written Instrument whatsoever of like antiquity. 6 Item, the Plate well made is excellent to explain Evidences concerning the butting, bounding, and position, of any parcel that shall happen to be in controversy, especially where the same controversy, or some principle thereof, dependeth upon the position; which cannot well be conceived by evidences. And thus much may suffice for the Office and duty of a Surveyor. CHAP. 3. Of the learned Steward. THe learned Steward is also an Officer of order, and as needful in an honourable estate or Revenue as any other whatsoever, by whose care and diligence chiefly the ancient rights, privileges and customs of every particular Manor, Lordship, bailiwick, or Liberty, are to be preserved and kept, and the casual profits of the same yearly sought out and manifested. He is by virtue of his Office, to keep duly the Leets and Courts within every of the Lord his Manors, at the times and places accustomed, aswell for the good government of the Lord his Tenants in their due obedience towards him, as in the administration of equity and justice among themselves, by enquiring of all manner of offences, injuries and trespasses, that are enquirable or punishable in the said Courts; and such as are there to be reform by pains, amerciaments, or such like; to impose the same according to law and equity. He is also to inquire of, enter, and estreate out unto the Bailiff, all manner of casual profits happening and growing due to the Lord of the Manor by any forfeiture, concealment, escheat, ward, marriage, relief, herriot, waive, estray, felons and outlaws goods, new erections, purprestures, encroachments, Licences of all sorts, as for digging clay, Chalk, Marle, etc. for the passage of some watercourse, for letting and setting of customary lands for longer term than the custom will bear, etc. as also by the common fine, head-siluer, green-hewe, or any other such profit enquirable in the Court. To assess and extract out reasonably, and according to the custom of the Manor, the Fines of the customary Tenants, upon every new admittance; by Surrender, death, or expiration of term, and to enter orderly upon the Roll all the several Tenements, Cottages, and parcels of land contained in every such admittance, with the ancient names, butts, and bounds of the same, and the yearly Rents and services due therefore: that so the diverse alterations which may happen by parcelling of lands and Tenements, may at all times plainly and evidently appear without confusion, which is a matter of great moment and necessity, though little regarded by most Stewards now a days, who for haste, to cut their business the shorter to their own gain, for the most part, never butt and bond the parcels granted, nor many times so much as name the same, or mention the Rents: whereupon it cometh to pass that in few years, not only the Tenements & lands are so mangled and dismembered, as by the ancient Surveys, Evidences, and Records, the same cannot possibly be set out upon any occasion offered: but also the customary is converted to free, and the Rents, Services, and casual profits thereof quite lost and obscured from the Lord, besides the infinite troubles and suits that oft▪ times arise thereof between the Tenants. To make out his Extracts of Court bipartite in Parchment indented, delivering the one part thereof, within one month next after every Court to the Bailiff, for him to collect the same, & to send the other part to the Auditor at the time of the Audite, that so the Bailiff may be duly charged therewith upon his account: and also within the compass of the year following, to engross the the Court-Rolls, to remain in the place accustomed, for the use and service of the Lord and his Tenants. Now concerning the gifts and qualities wherewith this Officer is to be endued for the better execution of his place, and by which he is to be made choice of for his sufficiency therein (honesty and discretion first and chief, aswell in him as in all other Officers of Revenue, being respected) he ought to have good knowledge and experience in the common laws of this land, thereby to be able readily to know and distinguish of the authorities, privileges and jurisdictions of such Courts as are incident and belonging to any Manor, Liberty, or Franchise, whether the same be Court-Leete, Courtbaron, Court of ancient Demesne, Court of Pypowders, or the like; and to judge and determine of the several matters, actions, and cases, which may happen, and are properly enquireable or determinable in every of them. And to this end, it is good to make choice of such a man as hath been brought up at some of the Inns of Court or Chancery, or hath practised as a Solicitor, Atorney or Councillor at law, whereby he hath gained good experience. He must also be a good Orator, to be able orderly, distinctly, and sufficiently to deliver a good and substantial charge to the jurors, of such matters as are to be enquired of and presented before him, and to expound the law to them in cases needful. He ought moreover, to be a good Clerk, to be able thereby to make good Court-Rolls, and to enter orderly in the same all matters presented before him, as Essoynes, defaults of apparences both of free and customary Tenants, deaths, alienations and devices of freehold-lands, which are things very necessary to be enquired of in a Courtbaron; (though for the most part now adays neglected) for that when any Freeholder alieneth any parcel of his Freehold-land to a stranger, or by his will deviseth the same to diverse persons, there the Lord hath an increase of his Free Tenants, and of their services, Wards, Reliefs, & such like; which are oftentimes quite lost for want of such presentments: as also deaths, alienations, and surrenders of Customary Tenants, with encroachments, Purprestures, Waives, Estrays, Rescous, Pleas of Court, Actions, Trespasses, and all other casualties and profits presented. CHAP. 4. Of the Office and duty of a Solicitor, and how to make choice of him. THe Solicitor is likewise an Officer of Order, whose Office chief (in matters of Revenue, which only in this place we purpose to entreat of) is to see that such Privileges, Customs, Rents, Services, Debts, and profits to the Lord, which are to be revived, reestablished, or recovered by course of Law, and of which he shall be informed by the Surveyor, Auditor, Steward, or other Officer of authority, be duly and with best convenience put in suit, and diligently and carefully followed to the best advantage of the Lord. To see that such Patents, Charters, graunt's, Feoffments, Deeds, Leases, & other Evidences, whereby any Lands, Annuities, or other profits of Revenue, are to be assured to the Lord, or whereby any ancient Privileges, Customs, Services, or such like, are to be revived and established, be formally drawn and perused by skilful Council, to the intent the same may be good and effectual in Law, to all such intents and purposes as they ought to be made. These are the principal matters concerning Revenue, which the Solicitor hath to look unto, and to be able to perform the same, he ought to be such a one as hath been trained up to the profession under some Councillor, Attorney, or other Officer belonging to the Laws, or else some one which by following of diverse causes hath gained good experience, how to order his Affairs in every several Court both Ecclesiastical and Temporal. He ought also to be a good Clerk, and to be able to read and understand all sorts of ancient Evidences, whereby he may the better declare unto Counsel the effect of his causes, and also be able to make out Breviates of such cases as are in controversy, aswell for the better information and memory of Counsel, as for help of the judges at the times of hearing. And lastly, he ought to be conversant and well acquainted in all the Offices, where the Records of every Court are kept, whereby to know where to search for such Records as shall be needful in every cause, and to know the Fees of every Officer and Minister in each Court upon every occasion and business that may happen, and thus much of these Officers of Order. CHAP. 5. Of the Office of the Bailiff, Collector, etc. THe Bailiff is an Officer of Charge, belonging to some Manor, Lordship, Franchize, or Liberty, whose Office principally is to collect and gather up yearly at the Feasts and times of Payment due and accustomed, aswell the Rents of the Freeholders, Copyholders, Feefarmers, Leaseholders, and Tenants at Will; as also the Fines, Amerciaments, pains and profits of Courts, Waives, Estrays, Felons goods, Herriots, Reliefs, and all other casual profits happening within his Charge, and yearly at the Audit to account for the same. To take Distresses, to make Seizures and Re-entries to the Lords use, for nonpayment of Rent, or upon other occasions when he shall be thereunto required by the Auditor, Steward, or other Officer of Authority. To summon the Lords Tenants that own Suit and Service to his Courts, to appear and give their attendance at the said Courts, whensoever they shall be appointed to be held, and to serve all manner of Precepts, Warrants, and Process granted by the Steward in the Courts of the Manor, or by the Auditor on the behalf of the Lord. And note, that in some Manors the Office of the Bailiff, as it is here generally set down, is executed by two or three particular Officers besides the Bailiff, according to the custom of the said Manor. For in some places there is one Officer which doth only collect the Rents of Assize of the Free and Customary Tenants and no more, yearly making his Account to the Auditor for the same; and this Officer is in some places called a Reeve, and in some places a Grave, being always one of the Customary Tenants of the Manor, an Annual Officer changing every year, and bound to perform the Service by the tenure of his Land. Another serveth to collect the casual profits yearly happening, as Fines, Amerciaments, Herriots, etc. who also is always a Tenant of the Manor, yearly chosen at the Court-Leete, or Courtbaron, according to the Custom of the Manor. These Officers ought to be honest and trusty, of good discretion, ability, and conversation; and it is fitting that the Bailiff (whether he be an Officer for life, or during pleasure) should put in good sureties for answering the Lord his Rents and profits: for the other there needs no such matter, for if they be delinquent it is a Forfeiture of their Customary estates, which is Security good enough. As concerning other qualities, it were fitting they should be able to write and read, whereby to make perfect Notes and Bills to the Auditor of the particulars of their Accounts, that so they may be the less troublesome to him in his Audits: and for all other matters they are to take direction, as occasion shall serve, from the Steward, Auditor, Surveyor, or other Officer of Authority. CHAP. 6. Of the Office and duty of the Woodward. THe Wood-ward is also an Officer of Charge, unto whose care and trust, the custody of the Lords Woods, and Receipt of the profits arising out of the same, are chief committed. He is therefore carefully to look to the preservation of the Lords Woods, and underwoods within his charge, & to the well Fencing of such of them as are enclosed, that the same be not spoilt or wasted, by breaking or putting in of hurtful Cattles too soon after every fall, before the young stuff be grown past danger, or by cutting and hewing thereof at all times by lewd and disordered people, which if they be not carefully looked unto, are wont to steal Rods, Poles, Fewell, and such like, out of men's grounds, and especially the Lords Woods, upon the wastes and elsewhere. To see that the Woodfalls be made at seasonable times, for the more speedy renewing and growing again to the best advantage of the Lord, and at every felling, to have special care of the shredding and cutting of Timber Trees, that in doing the same the bodies be not spoilt and made to die, rot, or corrupt, by the evil and unseasonable cutting of the Branches. To make Sale of the Timber and underwood at such times as are fitting, and when they shall be thereunto required, with good discretion, and to the Lords best advantage, and to account yearly to the Auditor, not only for the felled Timber and Underwood, but also for the tops of the Timber Trees, for the blown Wood, and for the Herbage, Agistament, Pannage, and all other profits made of the Lords Woods, and of the Soil of them. To see that such Leasees as do hold any of the Lords Woods for term of years, do not sell or cut down the same, but at seasonable and convenient times, neither that they cut down and take away any more than is contained in their Leases, and to see that they look to the Fencing and preservation of the young Spring after each fall, and do in all things according as by their Covenants they are bound to do. To execute with good discretion, and to the Lords best advantage, such Warrants as shall come unto him from the Lord or his Commissioners, for Timber for the repairing of Houses, Bridges, Parke-pales, or such like: and finally, to be careful in the due execution of his place, in all other things that may concern the same. Now to be able to perform all these duties, he ought to have good skill and judgement in all these kinds of Commodities, the want whereof is often the cause that some of them sell such good pennyworths, as do much enrich the buyer, and as much endamage the Lord: He must therefore be able to give a near estimate in standing Woods, what numof Cord wood, Billet, Faggots, and Bavens, one Acre with another doth contain; and likewise for Tumber-trees, to know what quantity both of Timber and Fuel each Tree will make, that so he may apprise the same accordingly, otherwise he may often be overreached by a cunning Buyer. And for the better performance of his Office, it were very fitting that he should have very good knowledge in measuring of Timber, both round and standing, as also felled and squared; and above all, that he be very honest and conscionable, to account truly for the profits of his place: And thus much may suffice concerning this Officer. I might in this place bring in the Offices of Warreners, Clerks of Iron-workes, Lead-workes, Coale-mynes, Quarries, and such other profits of Revenue accountable to the Auditor; which I purposely omit, as well for brevity's sake, as also for that nothing is or can be required either in the orderly performance of their places, or in the choice of them (skilfulness only in the Commodity they are to deal withal excepted) more than Mutatis mutandis, hath been showed in the rest. CHAP. 7. Of the Office and duty of the Storer. THe Storer is an Officer accountable to the Auditor, who hath in Charge all such Demesnes of Pasture, Meadow, Arable, and other Lands, as are peculiarly in the Lords own Occupation, with the Stock thereupon employed: and his Office principally is to show the profits that are made of the same, as of Corn, Cattell, Fell-wooll, and such other Commodities: which Officer in mean men's estates is termed the Bailiff of the Husbandry. This Officer is to oversee the Husbandmen, that they do their duties in the Manuring and Tilling of the Lords grounds, at fit and convenient seasons; to provide of the best Corn for seed, and to see the same carefully and profitably bestowed, in such grounds as are fittest therefore; to look to the preservation of the Carts, Wanes, Ploughs, and all such other Instruments and Implements of Husbandry, and to see the same repaired when they are out of order; to see that the Husbandmen have care, in the feeding and dressing of their Teems & working Cattles, & to look to the repairing and amending of the fences, hedges, & ditches of the grounds in his charge, and all such other matters belonging to Husbandry. To see the Hay and Corn of all sorts, renewing, growing, and increasing upon the Lords grounds, carefully and seasonably Inned: and after, at convenient times Threshed out, sold and delivered to the Lord his use, and to keep true reckoning of the same from time to time, until he have perfected his Account before the Auditor. To see that the Herds, Shepherds, and such other Hinds, as have the custody of the Lords Cattles and flocks, do their true endeavours and duties in the feeding, curing, and preservation of the same, and to keep true Account of them from time to time, aswell of what cometh into the Stock, as Cattles bred, bought, and received, (viz. Herriots, Waives, Estrays, Felons goods, Presents, and such like) as of what goeth out of the same: as Cattles sold, delivered to the use of the Lords house, or otherwise by Warrant; Cattles dead, lost, stolen, or such like; entreating the same orderly in a Book, each under his proper title, that they may plainly appear to the Auditor, upon his Account without confusion. To set down in his said Book, the the true rates and prizes of all such Cattles, as shall be bought or sold by him, within the compass or time of his Account, with the times and places, when and where the same were bought and sold, and the age and quality of the Cattles, as also to rate and apprise all such Cattles, as he hath delivered to the Lords use, or by his Command, at such rates and prizes, as they were reasonably worth in the Market at the time of their delivery: that so the yearly profit of the Lords Demesnes, and grounds employed with Stock, may the more plainly appear upon every Account. This Officer, as concerning his qualities, aught to have good skill in all manner of Husbandry, and in Cattles, Corn, and Grain of all sorts; as also, to be perfect in buying and selling every Commodity belonging to his Charge, and careful and honest in the execution of his place. CHAP. 8. Of Receivers, both general and particular. THe Receivers general & particular, being likewise Officers of Charge, differ not much in the manner of execution of their places, neither indeed is there any need of particular Receivers but only in great Revenues, where the Lords lands and profits lie dispersed in many and fare distant places, and Countries: And therefore of them in general. They are for the due execution of their Offices, to keep their Receipts twice in the year, at times and places convenient, and to give warning and notice to the Bailiffs, Collectors, Farmers, and other Ministers, to bring in to those places, the Lords Rents, and other profits due at those times. To receive and take Charge of the Lords monies at the Audite and Receipts, & to see the same safely conveyed to such places, where the Lord hath use thereof. To keep perfect Abstracts of all the Lords certain Rents, especially of the Farmers, and Leaseholders, whereby they may call to such Ministers as are to pay them in, if they be slack in their payments. To keep also perfect Notes and Abstracts of all Rents resolute, Annuities, Pentions, Stipends, Salaries, Fees, Wages, and other certain payments, yearly by them payable, and issuing out of the Lords lands, by virtue of any Patent, Grant, or other certain assurance in being, and out of controversy; and to make payment of the same, at the due and accustomed times, taking good and effectual Acquittances & discharges therefore, to the use, and on the behalf of the Lord. To pay out unto the Steward of the household, and other Officers of expense, as also to all Creditors, Tradesmen, and others, to the Lords use, all such sums of money as by the Lords Warrant, he shall be appointed to deliver, taking of them sufficient Acquittances for discharge of the same, on the Lord's behalf. To keep perfect and formal Books of all their doings for the Lord; both in Receipts, and Disbursments, and to Account for the same yearly to the Auditor. These are the principal things belonging to the Office of Receivers, both general and particular, which to perform, there is no great skill or extraordinary sufficiency required, only they ought to be of ability, whereby to put in good security for the due answering of the Lords monies, and profits, that shall come to their hands: also, they must be of good discretion in the disposing of their businesses and payments, that the Lord be not to seek of his monies, when any extraordinary and sudden occasion shall happen: and chief of all, they ought to be exceeding honest and conscionable, for that many sums of money, both come to their hands and go out also, which the Auditor cannot charge them with, nor give them allowance of, but upon their own voluntary acknowledgement and confession. And thus have we briefly described the duties of all the most necessary Officers of Receipt belonging to an Honourable estate: and now we will proceed to the Steward of the house, being the sole Officer of expense accountable to the Auditor, as concerning matter of Revenue. CHAP. 9 Of the Office and duty of the Steward of the Household. THe Steward of the house, is the principal Officer of expense, in the due execution of whose place many Economical precepts concerning the well ordering of an honourable Family, might be considered, which here according to my former propounded method, I purposely omit; and will only touch such matters as do most depend upon Revenue, for which he is charged and accountable to the Auditor, which are the monies to him delivered by the Receivers, and others, for the expense of the Lords Household, as also the Beefs, Muttons, Corn, and grain of all sorts, Wood, Coals, and all other provisions and Commodities received from the Storer, Woodward, Bailiff, Warriner, or other Officer of Charge belonging to Revenue, all which notwithstanding they be delivered to the peculiar Officers of expense, to whose place they belong, yet the Steward is to have the oversight of them, and to keep Account both of their Receipt and expense. He is therefore to see to the delivery, and apprizing of all such Commodities and provisions as are delivered in, from the Storer, Warriner, or other Officer, for expense of the Lords Household; that the Rates be reasonable, and according to the Market at the time of their delivery. To call to Account weekly, or at the most monthly, all the inferior Officers of expense: as the Gentleman of the Horse, Clerk of the Kitchen, Keeper of the Granary, Brewer, Baker, Butler, Pantler, and all others which have any Charge of provision to account for, and to see that every of them do execute his place frugally and without waste. To keep fair and orderly Books, aswell of the weekly or monthly Accounts of all the foresaid Officers, as also, of all other his own Receipts and Disbursments, entering in the same each particular, in his due and convenient place, and under his proper title, that all things may appear without confusion: & finally, to account unto the Auditor honestly and justly at the end of every year. Now concerning the qualities wherewith this Officer is to be furnished, much might be said, if I should enter into Economical affairs, but to avoid tediousness, and to wade no farther than my first intent, I say, that it is fitting this Officer should be of honest life and conversation, whereby to show good example to others; of good ability & reputation, whereby to curb and keep under stubborn and disordered spirits of inferior place and rank; and also grave, wise and discreet, whereby to dispose and order the business committed to his Charge, and to govern the Lords Family in honourable and laudable fashion: And thus much may suffice concerning this Officer and all other of expense; from whom we will proceed to the Auditor our last, yet not least Officer of Order. CHAP. 10. Of the Office and duty of the Auditor. THe Auditor is an Officer of Order, and of all others belonging to Revenue, one of the principal and most necessary; for that by him the doings of all the former, are overlooked and examined to the Lords profit: in which respect this Officer representeth the Lord his own person, and aught to have more special authority conferred upon him then any of the former. He is by virtue of his Office yearly to take and examine the particular Accounts of all and singular the Officers and Ministers of Charge aforesaid (except such as are accountable to the Steward of the house) and to see that all manner of profits, wherewith any of them are to be charged, be duly and orderly collected and answered. To enter duly in the Accounts so taken, all such material changes and alterations as may happen in the Rents, tenors, and Tenants names, either by Escheat, new Purchase, Sale, determination of estate, improvement, decay, or any the like accident, that the same may evidently appear upon every occasion without confusion. To see that the casual expenses and Bills of Charges yearly brought in by the Bailiff, and other Accomptants, to be allowed for Court Dinners, keeping of Strays, repairing of the Pinfold, & such like, be reasonable and fitting, and where they are excessive, unfitting, or unnecessary, to diminish or disallow the same. Note, that in great estates, this & many other such casual matters & expenses are left to the consideration and disposing of the Commissioners apppointed for the ordering of the Revenue, & there the Auditor of himself hath not this power of allowing or disallowing, but by consent and approbation of the said Commissioners, and by Bill signed with their hands. To make declaration of the said Accounts to the Lord, within short space after the taking of the same, and within the compass of the year next following, to engross them fair and in good order, to remain to the Lord and his posterity. To take notice, and keep true Accounts of all Arrearages of Rents, or other profits that may happen, and to charge the Accomptants with them from year to year, until they may be levied & answered: as also, to acquaint the Lord or his Solicitor with such decayed Royalties, privileges, and Customs, as are fitting to be revived, or reestablished, and with such arrearages of Rents and Debts as are to be recovered by Law, and to see that the same be put in Suit with the best convenience whiles they are recoverable. To enrol fair and in a Book made for the same purpose, all the Leases, Patents, & other Grants yearly made by the Lord or his Commissioners, thereby upon any occasion to be able to give the Lord satisfaction, aswell of the particulars of the thing leased or granted, as of the end and determination of the same. Now this Officer, in respect of the qualities he is to be endued withal, for the better and more sufficient execution of his place, ought first and especially, to be honest, free from corruption, and careful in all his dealings. He must be trained up in the faculty of an Auditor: whereby he may be able orderly to draw down out of the Books of Survey, Rent-rols, and other the Lords Evidences, perfect views, and Accounts, as well Receivers as Ministers, of every several Lordship, Manor, rectory, Farm, bailiwick, Liberty, and such like, duly distinguished the Rents and profits yearly happening, & the reprises and deductions yearly going out, each under his proper title, and in his due place and form. He ought also to be a good Clerk, to write a fair hand, and to have the perfect and ready use of his Counter, to be of good understanding, pregnant wit, and good apprehension, thereby the better to look into the doings of such Accomptants, as he shall have to deal withal, and to find out the shifts, tricks, and deceits, of such as are evil disposed: and finally, he ought to be of good experience and sufficient practice, in all matters concerning his faculty: which he being, and executing his place honestly, and with judgement, the profits that will arise to the Lord by this Officer are great, and more than suddenly can be drawn to memory: some of the principal whereof, notwithstanding as a taste of the rest, I have here set down in these Articles following. 1 Inprimis, an estate well ordered by a skilful Auditor, giveth great ease and comfort to the Lord of the same, and helpeth to improve itself: for that every small profit is continually in the Lord's eye; which in estates ill managed, (by men of no skill in Auditory) are often, and for the most part, either quite concealed, or altogether neglected. 2 Item, a skilful Auditor, in keeping due account of arrearages of Rents, amerciaments, fines, and such other profits, is not only the means to make the Bailiffs, Collectors, and other Ministers careful to omit nothing of their duties, but also to keep disordered Tenants in the better obedience: for where there is no Auditor at all, or one that is remiss and of no skill, many casual profits, especially amerciaments are utterly lost, by the neglect of Ministers, and for want of careful looking unto, which very thing is a great cause of disorder among the worst sort of Tenants, animating them, aswell to neglect their services & duties to the Lord, as to commit injuries & trespasses, one against another, by hedgbreaking, wood-stealing, breaking into Pastures, and Corn, with their Cattles, and such like: all which, if these amerciaments were duly imposed, levied, and answered, would be more carefully looked unto and avoided. 3 Item, an Auditor's account, is good Evidence to plead in Court, for the holding or re-obtaining of any Rents, Royalties, Customs, Services, Privileges, Franchises, or such like, formerly in possession, and after lost by neglect or otherwise. CHAP. 11. The Conclusion, showing the order how to govern an honourable estate, by the Officers aforesaid: and in small estates, how to contract them to the Lords best advantage, Having before sufficiently declared the several duties of each particular Officer and Minister of Revenue; together with the qualities every of them ought to be endued withal, for the better and more effectual performance and execution of their several places, and Offices, it resteth now only to show and set down, a little more plainly, the dependence that one Office hath of another, and thereby the order of governing an honourable estate by them, and how every particular profit of Revenue may be brought in charge, & duly collected, and answered to the Lords best advantage: wherein, for our better proceeding, we will comprehend all profits of Land-revennue, under these two general heads, Certain & Casual. All Certain profits of Land-revennue are enquirable by the Surveyor, and by him to be certified, and expressed in his Books of Survey, as Rents of Freeholders', of customary Tenants, of the Demesnes and Lease-lands, of Tenants at will, of herbage, and agistament, of Parks, Woods, Forests, etc. of Mills and Mulcture, of Ours, Quarries, and such like: of all manner of Royalties; as Fishing, Fowling, Hawking, Hunting, Free-warren, and such other: Also, all manner of movable Rents, as Hay, and Corn, Eggs, Hens, Geese, and the like: And lastly, all Rents of Scruices & customs, being certain, as for Licences of all sorts, common Fine, release of Suit of Court, head-siluer, green-hew, and such other. Out of which said Books of Survey, being fair engrossed & made authentical by Evidence therein certified, and the juries' hands thereunto subscribed; a brief Abstract, and Suite-Roll, is to be made, and delivered to the learned Steward, whereby he may not only call the Tenants to do their Suit and Service at the Lords Courts, but also be directed by value of the lands how to assess Fines upon Copyholders, and the like. Then also a perfect Rend roll is to be made out, & delivered unto the Bailiff, whereby he may collect, and gather up the said certain profits, and account for them yearly to the Auditor, as before hath been said. Lastly, the Books themselves are to be delivered unto the Auditor, that out of them he may draw down, and make out the views of his Ministers accounts, and then to redeliver them to the said Surveyor, to remain in his custody for the use of the Lord or his Commissioners, in letting of Leases, and such other occasions. The Casual profits of Revenue, are either enquirable by the learned Steward in his Courts, or by the Auditor, at the time of his Audit. Casual profits, enquirable by the Steward, are Herriots, Reliefs, Wards and Marriages, Forfeitures, Waives, Estrays, Felons and Outlaws goods, Fines upon admittances of customary Tenants, fines upon Licences, purprestures, and new erections; amerciaments, and pains for default of suit of Court, mending, scouring, and cleansing of Fences, Ditches, and Highways, Rescous, Pound▪ breach, and other like trespasses, nuisances, and offences Escheats, Pleas, and Process of Courts, Frays, bloodshed, and the like; All these the Steward is to extract out, to the several Bailiffs or other Ministers, appointed to collect & levy the same, and to return the duplicate of the said Extracts to the Auditor, as before hath been expressed. And it is fitting that such of them, as are laid down in Court, the Receiver or Bailiff should be present, to take them up to the Lords use, & not to commit them to the Steward's charge, least by that means he purse the small ones to his own profit, and never account for the same, as fines of Licence of Brewing, digging of gravel, sand, chalk, clay, and such like. Casual profits enquirable, by the Auditor only, are profits of Fairs, Markets, and such like; wood-sales, Agistament and Pawnage; profits of the wastes and Moors, as sale of Heath, Turfs, Peate, Sand, Gravel, Marle, Chalk, Clay, and all other profits being casual, and not elsewhere enquirable: In exacting of which accounts, the Auditor had need be very circumspect, and the Collectors, of the same very honest, for that commonly these are businesses committed to the sole trust and disposing of one man, both to sell, and to account for the same, who if he be not honest and conscionable, may yearly defraud the Lord of a great part thereof; but the Auditor, if he be wise and circumspect, may both find out the falsehood, and take order to prevent the same. These Rents and profits, both certain and casual, being duly collected by the Officers and Ministers thereunto appointed, aught at every half years end, (or sooner if occasion require) to be paid unto the Lord's Receiver, who upon the receipt thereof, aught to give his Acquittance to the Minister which payeth them, as for so much by him received, of the issues and profits of his Office for that year: & at the years end the said Minister upon the determination of his account, shall deliver unto the Auditor the said Acquittance, whereby to charge the Receiver with the monies received, and shall for his own discharge, take out a Quietus est for that years account under the Auditor's hand. All the Ministers thus having accounted, the Auditot shall call the Receivers, charging them, aswell by their said Acquittances, as by the views, of the Ministers accounts, their own confession, and such other notes, as shall come to his hands for that year; and they for their discharge, shall produce the Lords Warrants, & the Acquittances of such persons, to whom they have paid any money; as also the bills of all charges and expenses, by them that year disbursed, signed with the Lord or his Commissioners hands: all which, upon the determination of their accounts, they shall also leave with the Auditor, aswell for his warranty of their said accounts; as for the more effectual charging of the Steward of the house, and all other persons, which are to account for monies imprested by warrant or otherwise, accepting likewise of a Quietus est under the Auditor's hand for their own discharge. And thus shall the said Auditors proceed, from accountant to accountant, as they depend one upon another, until he have finished with them all: which being done, he shall make out his Declaration of the whole year's business, as before hath been said, bipartite indented, and declare the same before the Lord or his Commissioners, who shall sign the one part thereof, to remain with the Auditor for his discharge; the other part thereof, the said Auditor and Commissioners shall sign, to remain to the use of the Lord. But here me thinks, I hear some object, that the ordering of an estate after this manner (being it requireth so many Officers) will be too chargeable for most men, and therefore not to be put in execution, but only by such as have very great estates. To such I thus answer. It is not so much the multiplicity of Officers, that is required in the well managing of an estate, as the order and method to be used in the placing, and appointing of those Officers: for there is no man of ability, but hath, and is at charge with so many as serveth his turn after his own manner, which number would also (out of doubt) do it in the form heretofore described, the Auditor only excepted, whose place the Lord himself in small estates, for the most part, executeth (and may well perform the same if he have leisure, and be skilful, but that few are, and thereby ensueth the most loss) therefore to come to the matter, and to show how in small estates, with sewest number of Officers, and least expense, an honourable Revenue may be well ordered, these two rules must be precisely observed. First, that none of the Officers of order be wanting (the Surveyor only excepted, who having once in the beginning perfected his Surveys, there is small use of him for many years after, so there be a skilful Auditor, and a learned Steward) and these Officers of order, need be no great charge to any Lord, for that one man may serve to manage diverse Lords estates, having no further dependence upon any of them, but only a reasonable yearly Fee allowed for his pains, which if they be skilful and honest, their diligence shall in surplusage bring in, with advantage, and ease the Lord of much labour and unquietness. And the more nearly to contract these Officers of order, one man may supply both the places of learned Steward and Solicitor; and another, being capable thereof, may supply the places of Surveyor and Auditor: and of this Officer (the Auditor I mean) I would wish no Lord to be destitute, for where the Lord himself taketh the accounts of his Officers of charge, except he be very skilful and painful also, although his estate be but small, yet for want of this Officer he may well lose twice so much in the year (either by negligence and corruption of Ministers, or by want of skill to examine their doings) as would fee a good Auditor to do the same: Yet let him also be careful in the choice of his Auditor, for many now a days take upon them, both the name and place of Auditors, and yet are very ignorant in the due execution of that Office. Secondly, it must be duly observed, that no one man be put to execute Offices of order, and Offices of charge both together, as Auditor and Receiver, Auditor and Steward of the house, learned Steward and Receiver, Bailiff, Woodward, or such like: much less that the managing of an estate, should wholly, or for the most part, be committed to the charge of one particular man: for in both these cases, it may easily be perceived, what great means & strong temptations they have (if they be not of exceeding honesty and good conscience) secretly to enrich themselves, by the loss and hindrance of the Lord; or at the best, what danger of losing many profits, by neglect, or for want of skill to prevent the same. And yet it is seen in most men's estates of the meaner rank, that one man hath the governing of all, both for order and charge; and he for the most part, of no further skill, then to set down confusedly his receipts, on the one part, and his disbursments on the other, & so by comparing them to find the difference: whereby also the Lord hath no other declaration of his doings, but the said confused account, in which all things for the most part come in in gross; and the profits of many Manors, and disbursments of sundry natures, are so mingled together, as they can neither for the present, nor in aftertimes, upon any occasion that may happen, be distinguished, nor the Lord see whether he have right or wrong. But to conclude, although it be not fitting, that one man should execute both Offices of order and of charge, nor that the whole should be committed to one particular person: yet may these Offices of charge also in small estates be conferred upon a few persons; for one man may be general Receiver, and Steward of the house; another may supply the places of Bailiff, Wood-ward, Storer, and as many other Offices of charge as he is able to execute: and in this manner the Lord is in most possibility to have all his profits truly answered, and narrowly looked unto; where not only every small matter is taken notice of, by two or three several Officers; but also every Officer of charge, is to give account of the profits he receiveth, and the Officers of order meddle no further, but to charge and discharge the moneys by the other received, to search out the profits of Revenue, and to see that each Officer of charge, do execute his place with honesty and diligence. And thus have I, in the best & briefest manner I can, described the well ordering of an honourable Revenue: wherein, in what I have failed, I submit myself to the reformation of the more judicious: thus much by the way inferring, that I have not in all points exactly followed the order and course observed in the managing of the Royal estate of our Sovereign; who besides Land-revennues, hath many other, and great profits, yearly coming in by his Subjects, (not here spoken of) the most of which are returnable into his Majesty's Exchequer, where they are handled and ordered, by those great Masters of Art and judgement in these faculties, from whom I acknowledge to have received that little skill and experience which I have. What here is set down, is drawn from them, and applied to the use of the Subjects in their smaller Revenues, which I leave to the consideration of all such, whom it may concern, and who have hitherto lost, by ill ordering of their Estates. FINIS.