A CHOROLOGICALL Discourse of the well ordering, disposing and gouerning of an Honorable estate or Reuennue, wherein is briefly described the duties of diuers Officers therin to be imployed, for the better preseruing, improuing, and augmenting of the same.
CHAP. 1. Of the definition of an Honorable estate, and of the Officers and Ministers belonging to the same in generall.
FOr that, according to the precept of the graue and learned Romane Orator Cicero, the institution of all things whereof any discourse is to be made, or cōtinued, ought to take his beginning at Definition: it shal not be amisse, but very necessary, first to define what this Honorable estate or Reuennue wherof we purpose to entreat [Page 2] is, and then orderly to proceede to the particular precepts and obseruations to be handled in the ordering of the same.
As touching the definition therfore: I call that an honorable estate or Reuennue, where any Lord or owner thereof is by the blessing and prouidence of God, either by inheritance, guift, purchase, or otherwise, endowed with Honors, Mannors, Lordships, Houses, Lands, Tenements, and such like possessions as haue belonging vnto them Royalties, seruices, franchizes, liberties, and other priuiledges, and immunities, not incident to common estates, and tenures. For although that honorable titles (in respect of mens persons) doe properly belong vnto none but such who by discent, office, place, the Princes free guift, or such like, may iustly challenge the same, yet euen men of meaner ranke may be seized of such honorable estates. And for as much as diuers Lords and owners of such estates now a dayes (whether through negligence, ignorance, feare of too much expence, or the like, [Page] I know not) for want of skilfull, discreet and faithfull Officers and Ministers to that purpose, doe not only daily lose diuers of their Royalties, seruices, customes, and casuall profits, to the spoyling & dismembring of their Mannors, but also suffer many encrochments, concealements, and other nusances, to be oftentimes made and committed against them to their great, and somtimes irrecouerable preiudice: which contrariwise by the care and prouidence of skilfull, discreete, and honest Officers would quickly be found out and preuented: My purpose is therefore heere to describe such an order in the mannaging, disposing and gouerning of such estates, as whosoeuer shall be pleased (after mature consideration) but to obserue the same, I doubt not but he shall finde great profit and contentment therin, and the course nothing so chargable to be maintained as many men may imagine, being that the surplussage of of the profits arising by the well managing of such an estate, shall yearely amount [Page 4] vnto a greater matter then the surplussage of the charge which otherwise it would come vnto.
To proceed therfore, I say, that to the well managing of an Honorable estate, there is required Officers and Ministers skilfull, discreete, faithfull, and honest. And now we are to enquire what and how many they be; what is each mans particular duty, and how to make choise of them.
Officers of Reuennue belonging to the well mannaging and gouernment of an Honorable estate, may generally be diuided into Officers of order, and Officers of charge.
Officers of order are the Auditor, Surueyor, learned Steward, & Solicitor, which I so terme, aswell for that they serue to direct the whole busines of the Officers of charge, by enforming each man of the particular duties belonging to his place, and by seeing that the same be duly performed: as also, for that they themselues (in respect of their proper offices) are not chargeable with the receipt [Page] of any profits, nor accomptable for the same.
Officers of charge are all such which haue some charge or other imposed vpon them, as the receiuing and disbursing of the Lord his monies, the collecting of his rents, fines, and casuall profits, the ouerseeing of his Demesnes, cattell, and husbandry, the custodie and sale of his woods, the prouision of his house, or any other such imployment for which they stand accomptable. And these Officers are twofold, viz. of Receipt and of Expence.
Officers of Receipt are the Receiuers generall and particular, the Storer, Woodward, Bayliffs, Collectors, and such other Ministers, which haue the charge and receipt of the Lord his Rents and other profits of his Reuennue: and these are all accomptable to the Auditor for the same.
Officers of Expence are the Steward of the house, and vnder him all other Officers of the houshold, which haue any charge imposed vpon them, whereof [Page 6] they stand accomptable to him, as the Gentleman of the horse, Clerke of the Kitchin, Baker, Brewer, Butler, and such like, all which for breuities sake I omit, purposing in this discourse to entreate of none but such as are chiefly necessary for the managing of Land-Reuennue, and which haue some charge imposed vpon them for which they stand accomptable to the Auditor.
And now that we haue sufficiently expressed what Officers are of necessity requisit to the well ordring & mannaging of an honorable estate, we will according to our former propoūded method, set downe the particular dutie of each seuerall Officer as they fall out in order and dependance, reseruing the Auditor for the last place, because in his office, as in a maine streame or Riuer, the effects of all the other, as the branches therof, doe concurre and are made manifest.
CHAP. 2. Of the Office, dutie, & choyse of a Surueyor.
THe Surueyor is an Officer of order, & one of the principall in an honorable [Page 7] Reuennue; whose Office is to view and suruey all and singular the Honors, Mannors, Lordships, lands and Tenements of his Lord, and to search out all the profits, Royalties, priuiledges, and customes thereunto belonging, expressing the same orderly in his Bookes of Suruey; and also to set downe and distinguish in his said Bookes, the particular lands of euery Tenant within each Mannor, truly butting & bounding each seuerall parcell thereof, and expressing the auncient names of the same, the qualitie, quantitie, and yearely value of each mans Tenement, the tenure by which he holdeth, and the Rents and seruices yearly due and payable therefore, with the Feasts and dayes of payment, entering each tenure orderly and seuerally by it selfe.
To take notice of such encrochments concealements, purprestures, and such like, as he shall meete withall in his view and perambulation, and to certifie the Lord or his Commissioners therof, that the same may be reformed, or presented [Page 8] to the Iurie at the next Court, and arented to the Lord his profit, as also to enquire of Rents decayed, and to doe his best endeauour to reuiue the same.
To make good & formall Terrars or Rent-rolls out of his Bookes of Suruey, expressing therein orderly all rents, seruices, and certaine profits, within each Mannor, and the times that they are due, payable, and to be performed; and to deliuer the same to the Bayliffs wherby they may gather vp and collect the said profits, and also see the seruices duly performed to the Lord his vse.
To make out Suite-rolls contayning all the Tenants names that owe suite of Court to the Lord his Mannors, expressing therein each seuerall tenure by it selfe, and what seruices and customes each Tenant holdeth by, as fealtie, homage, reliefe, &c. and to deliuer the same to the seuerall Stewards that they may thereby call the Tenants at the Lord his Courts, and be directed what to doe vpon euery change, as death, alienation, surrender, and such like.
And for the better performance of all these duties, and whatsoeuer els is fitting to be required at the hands of this Officer, he ought to be sufficiently skilfull in all the parts of Suruey, viz. the Mathematicall, Legall, and Iudiciall, which sufficiencie to obtaine, he must be endued with these seuerall guifts or qualities following.
First, he ought to haue the perfect vse of some Mathematicall Instrument, as the plaine Table, Theodelite, Circumferentor, or such like, fitting for the vse of Suruey; and also to be well seene in Arithmetick and the grounds of Geometrie: whereby he may be able aswell to finde the errors which he may commit in platting of grounds, or casting vp the contents, and amend the same, as also to proue the truth of his worke and to giue a reason thereof.
Secondly, he ought to haue some [...]easonable knowledge in the common Lawes, especially in such generall points as are incident vnto, and doe most concerne a Mannor or Lordship: [Page 10] whereby he may be able to know and distinguish the seuerall tenures, rents, seruices, Royalties, and such like principall matters required in a Suruey: and to expresse the same orderly in his Bookes, Terrars, Rent-rolls, &c.
Thirdly, he ought to be a reasonable good Clerke, and to haue good skill in euidences of all sorts, aswell ancient as moderne; to be able to reade and vnderstand the same, whether they be in latine, French, English, or any other language heeretofore vsed in this land.
Fourthly, he ought to haue good skill in the goodnesse of grounds, and in the valuation of the profits & commodities growing and arising out of the same, as Timber, vnderwoods, Mynes, Quarries, &c. as also in the valuation of lands or casual profits, to be leased, sold, purchased, or exchanged, either present or in reuersion, either in fee-simple, fee-Farme, vpon liues, or terme of yeares, &c.
And now that we haue sufficiently declared the office of a Surueyor, and how [Page] to make choyse of him by the qualities he ought to be endued withall; we will proceede a little further, to shew the benefits and commodities that may and doe arise by this Officer executing his place honestly & well: which although for the most part, they doe clearely shine and are manifest in that which we haue before spoken, yet because this Officer of all others belonging to Reuennue, is hardly thought of, and most calumniated by such as either vnderstand not what vse to make of him, or rather such whose close packing and secret iniuries are by him in danger to be laid open; it shall not be amisse to explaine the profit of his facultie a little better. Wherfore I haue heere laid downe the principall commodities of a good and absolute Suruey, (so farre as at this present my memorie will serue me) in these six Articles following, viz.
Inprimis, it is a good meanes to conserue the Rents and Customes of all natures from being concealed, left, or decayed: or their natures by euill disposed [Page 10] [...] [Page] [...] [Page 12] Tenants or Officers any way altered or changed.
2 Item, to let, hinder, and auoyde encrochments that might be made betweene Lord and Lord, Lord and Tenant, and Tenant and Tenant: or being formerly made, to lay open and discouer the same: as also in times to come to decide controuersies that may happen in this and diuers other cases.
3 Item, in letting and setting of lands, in fineing of Coppy-holders, in sale and exchange, a perfect Suruey is able to enforme the qualitie, quantitie, value, tenure, and scituation, aswell and better then any other view that can be taken besides. And by perfect Surueyes so taken, the Lord or his Commissioners sitting quietly at home, may not only themselues assesse fines vpon the leases, & customary estates, but also continually see both how themselues and their Tenants be dealt withall by their Stewards or other Officers put in trust for the like matters.
4 Item, to reuiue decayed Rents, [Page] Royalties, &c. and to bring to light Concealements, forfeitures, and other such like trespasses and iniuries.
5 Item, a good Suruey is beneficiall to the Lord and his posteritie, being as good euidence in lawe for any matter in controuersie, as any other written Instrument whatsoeuer of like antiquitie.
6 Item, the Plat well made is excellent to explane Euidences concerning the butting, bounding, and position, of any parcell that shall happen to be in controuersie, especially where the same controuersie, or some principle therof, dependeth vpon the position; which cannot well be conceiued by euidences. And thus much may suffice for the Office and dutie of a Surueyor.
CHAP. 3. Of the learned Steward.
THe learned Steward is also an Officer of order, and as needfull in an honorable estate or Reuennue as any other whatsoeuer, by whose care and diligence chiefely the ancient rights, priuiledges [Page 14] and customes of euery particular Mannor, Lordship, Bayliwicke, or Libertie, are to be preserued and kept, and the casuall profits of the same yearely sought out and manifested.
He is by vertue of his Office, to keep duly the Leets and Courts within euery of the Lord his Mannors, at the times and places accustomed, aswell for the good gouernment of the Lord his Tenants in their due obedience towards him, as in the administration of equitie and iustice among themselues, by inquiring of all manner of offences, iniuries and trespasses, that are enquirable or punishable in the said Courts; and such as are there to be reformed by paines, amerciaments, or such like; to impose the same according to lawe and equitie.
He is also to enquire of, enter, and estreate out vnto the Bayliffe, all manner of casuall profits happening and growing due to the Lord of the Mannor by any forfeiture, concealement, escheate, ward, marriage, reliefe, herriot, waiue, [Page] estray, fellons and outlawes goods, new erections, purprestures, encrochments, Licences of all sorts, as for digging clay, Chalke, Marle, &c. for the passage of some water-course, for letting and setting of customary lands for longer terme then the custome will beare, &c. as also by the common fine, head-siluer, green-hewe, or any other such profit enquirable in the Court.
To assesse and extract out reasonably, and according to the custome of the Mannor, the Fines of the customarie Tenants, vpon euery new admittance; by Surrender, death, or expiration of terme, and to enter orderly vpon the Roll all the seuerall Tenements, Cottages, and parcels of land contayned in euery such admittance, with the ancient names, butts, and bounds of the same, and the yearely Rents and seruices due therefore: that so the diuers alterations which may happen by parcelling of lands and Tenements, may at all times plainely and euidently appeare without confusion, which is a matter of great [Page 16] moment and necessitie, though little regarded by most Stewards now a dayes, who for hast, to cut their businesse the shorter to their owne gaine, for the most part, neuer butt and bound the parcels granted, nor many times so much as name the same, or mention the Rents: whereupon it commeth to passe that in few yeares, not onely the Tenements & lands are so mangled and dismembred, as by the ancient Surueyes, Euidences, and Records, the same cannot possibly be set out vpon any occasion offered: but also the customary is conuerted to free, and the Rents, Seruices, and casuall profits thereof quite lost and obscured from the Lord, besides the infinite troubles and suites that oft▪times arise thereof betweene the Tenants.
To make out his Extracts of Court bipartite in Parchment indented, deliuering the one part thereof, within one moneth next after euery Court to the Bayliffe, for him to collect the same, & to send the other part to the Auditor at the time of the Audite, that so the Bayliffe [Page] may be duly charged therewith vpon his accompt: and also within the compasse of the yeare following, to engrosse the the Court-Rolls, to remaine in the place accustomed, for the vse and seruice of the Lord and his Tenants.
Now concerning the guifts and qualities wherewith this Officer is to be endued for the better execution of his place, and by which he is to be made choise of for his sufficiencie therein (honestie and discretion first and chiefly, aswell in him as in all other Officers of Reuennue, being respected) he ought to haue good knowledge and experience in the common lawes of this land, thereby to be able readily to know and distinguish of the authorities, priuiledges and iurisdictions of such Courts as are incident and belonging to any Mannor, Libertie, or Franchise, whether the same be Court-Leete, Court-Baron, Court of ancient Demesne, Court of Pypowders, or the like; and to iudge and determine of the seuerall matters, actions, and cases, which may happen, and are properly [Page 18] enquireable or determinable in euery of them. And to this end, it is good to make choise of such a man as hath beene brought vp at some of the Innes of Court or Chauncerie, or hath practised as a Solicitor, Atorney or Councellor at lawe, whereby he hath gained good experience.
He must also be a good Orator, to be able orderly, distinctly, and sufficiently to deliuer a good and substantial charge to the Iurors, of such matters as are to be enquired of and presented before him, and to expound the lawe to them in cases needfull.
He ought moreouer, to be a good Clerke, 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 customarie Tenants, deaths, alienations and deuises of freehold-lands, which are things very necessarie to be enquired of in a Court-Baron; (though for the most part now adayes neglected) for that when any Free-holder [Page 19] alieneth any parcell of his Freehold-land to a stranger, or by his will deuiseth the same to diuers persons, there the Lord hath an encrease of his Free Tenants, and of their seruices, Wards, Reliefes, & such like; which are oftentimes quite lost for want of such presentments: as also deaths, alienations, and surrenders of Customarie Tenants, with Encrochments, Purprestures, Waiues, Estrayes, Rescous, Pleas of Court, Actions, Trespasses, and all other casualties and profits presented.
CHAP. 4. Of the Office and dutie of a Solicitor, and how to make choise of him.
THe Solicitor is likewise an Officer of Order, whose Office chiefly (in matters of Reuennue, which onely in this place we purpose to entreate of) is to see that such Priuiledges, Customes, Rents, Seruices, Debts, and profits to the Lord, which are to be reuiued, reestablished, or recouered by course of Lawe, and of which he shall be enformed [Page 20] by the Surueyor, Auditor, Steward, or other Officer of authoritie, be duly and with best conuenience put in suite, and diligently and carefully followed to the best aduantage of the Lord.
To see that such Patents, Charters, Graunts, Feoffments, Deedes, Leases, & other Euidences, wherby any Lands, Annuities, or other profits of Reuennue, are to be assured to the Lord, or wherby any ancient Priuiledges, Customes, Seruices, or such like, are to be reuiued and established, be formally drawne and perused by skilfull Councell, to the intent the same may be good and effectuall in Law, to all such intents and purposes as they ought to be made.
These are the principall matters concerning Reuennue, which the Solicitor hath to looke vnto, and to be able to performe the same, he ought to be such a one as hath beene trained vp to the profession vnder some Councellor, Attorney, or other Officer belonging to the Lawes, or else some one which by following of diuers causes hath gained [Page] good experience, how to order his Affaires in euery seuerall Court both Ecclesiasticall and Temporall.
He ought also to be a good Clerke, and to be able to reade and vnderstand all sorts of ancient Euidences, whereby he may the better declare vnto Counsell the effect of his causes, and also be able to make out Breuiates of such cases as are in controuersie, aswell for the better information and memorie of Counsell, as for helpe of the Iudges at the times of hearing.
And lastly, he ought to be conuersant and well acquainted in all the Offices, where the Records of euery Court are kept, whereby to know where to search for such Records as shall be needfull in euery cause, and to know the Fees of euery Officer and Minister in each Court vpon euery occasion and businesse that may happen, and thus much of these Officers of Order.
CHAP. 5. Of the Office of the Bayliffe, Collector, &c.
THe Bayliffe is an Officer of Charge, belonging to some Mannor, Lordship, Franchize, or Libertie, whose Office principally is to collect and gather vp yearely at the Feasts and times of Payment due and accustomed, aswell the Rents of the Freeholders, Coppyholders, Feefarmers, Leaseholders, and Tenants at Will; as also the Fines, Amerciaments, paines and profits of Courts, Waiues, Estrayes, Fellons goods, Herriots, Reliefes, and all other casuall profits happening within his Charge, and yearely at the Audit to accompt for the same.
To take Distresses, to make Seizures and Re-entries to the Lords vse, for nonpayment of Rent, or vpon other occasions when he shall be thereunto required by the Auditor, Steward, or other Officer of Authoritie.
To summon the Lords Tenants that owe Suite and Seruice to his Courts, to appeare and giue their attendance at the [Page 23] said Courts, whensoeuer they shall be appointed to be held, and to serue all manner of Precepts, Warrants, and Processe graunted by the Steward in the Courts of the Mannor, or by the Auditor on the behalfe of the Lord.
And note, that in some Mannors the Office of the Bayliffe, as it is heere generally set downe, is executed by two or three particular Officers besides the Bayliffe, according to the custome of the said Mannor. For in some places there is one Officer which doth only collect the Rents of Assize of the Free and Customarie Tenants and no more, yearely making his Accompt to the Auditor for the same; and this Officer is in some places called a Reeue, and in some places a Graue, being alwayes one of the Customarie Tenants of the Mannor, an Annuall Officer changing euery yeare, and bound to performe the Seruice by the tenure of his Land.
Another serueth to collect the casuall profits yearely happening, as Fines, Amerciaments, Herriots, &c. who also [Page 24] is alwayes a Tenant of the Mannor, yearely chosen at the Court-Leete, or Court-Baron, according to the Custome of the Mannor.
These Officers ought to be honest and trustie, of good discretion, abilitie, and conuersation; and it is fitting that the Bayliffe (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 needes no such matter, for if they be delinquent it is a Forfeiture of their Customarie estates, which is Securitie good enough.
As concerning other qualities, it were fitting they should be able to write and reade, whereby to make perfect Notes and Bills to the Auditor of the particulars of their Accompts, that so they may be the lesse troublesome to him in his Audits: and for all other matters they are to take direction, as occasion shall serue, from the Steward, Auditor, Surueyor, or other Officer of Authoritie.
CHAP. 6. Of the Office and dutie of the Woodward.
THe Wood-ward is also an Officer of Charge, vnto whose care and trust, the custodie of the Lords Woods, and Receipt of the profits arising out of the same, are chiefly committed.
He is therefore carefully to looke to the preseruation of the Lords Woods, and vnder-Woods within his charge, & to the well Fencing of such of them as are inclosed, that the same be not spoyled or wasted, by breaking or putting in of hurtfull Cattell too soone after euerie fall, before the young stuffe be growne past danger, or by cutting and hewing thereof at all times by lewd and disordered people, which if they be not carefully looked vnto, are wont to steale Rods, Poles, Fewell, and such like, out of mens grounds, and especially the Lords Woods, vpon the wasts and elsewhere.
To see that the Woodfalls be made at seasonable times, for the more speedy renuing and growing againe to the best [Page 26] aduantage of the Lord, and at euery felling, to haue speciall care of the shredding and cutting of Tymber Trees, that in doing the same the bodyes be not spoyled and made to die, rot, or corrupt, by the euill and vnseasonable cutting of the Branches.
To make Sale of the Tymber and vnderwood at such times as are fitting, and when they shall be thereunto required, with good discretion, and to the Lords best aduantage, and to accompt yearely to the Auditor, not only for the felled Tymber and Vnderwood, but also for the tops of the Tymber Trees, for the blowne Wood, and for the Herbage, Agistament, Pannage, and all other profits made of the Lords Woods, and of the Soile of them.
To see that such Leasees as doe hold any of the Lords Woods for tearme of yeares, doe not sell or cut downe the same, but at seasonable and conuenient times, neither that they cut downe and take away any more then is contayned in their Leases, and to see that they look [Page] to the Fencing and preseruation of the young Spring after each fall, and doe in all things according as by their Couenants they are bound to doe.
To execute with good discretion, and to the Lords best aduantage, such Warrants as shall come vnto him from the Lord or his Commissioners, for Tymber for the repayring of Houses, Bridges, Parke-pales, or such like: and finally, to be carefull in the due execution of his place, in all other things that may concerne the same.
Now to be able to performe all these duties, he ought to haue good skill and iudgement in all these kindes of Commodities, the want whereof is often the cause that some of them sell such good penyworths, as doe much enrich the buyer, and asmuch endamage the Lord: He must therfore be able to giue a neere estimate in standing Woods, what numof Cord wood, Billet, Fagots, and Bauens, one Acre with another doth containe; and likewise for Tumber-trees, to know what quantitie both of Tymber [Page 28] and Fewell each Tree will make, that so he may apprize the same accordingly, otherwise he may often be ouer-reached by a cunning Buyer.
And for the better performance of his Office, it were very fitting that he should haue very good knowledge in measuring of Tymber, both round and standing, as also felled and squared; and aboue all, that he be very honest and conscionable, to accompt 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, Clerkes of Iron-workes, Lead-workes, Coale-mynes, Quarries, and such other profits of Reuennue accomptable to the Auditor; which I purposely omit, as well for breuities sake, as also for that nothing is or can be required either in the orderly performance of their places, or in the choise of them (skilfulnes only in the Commoditie they are to deale withall excepted) more then Mutatis mutandis, hath beene shewed in the rest.
CHAP. 7. Of the Office and dutie of the Storer.
THe Storer is an Officer accomptable to the Auditor, who hath in Charge all such Demesnes of Pasture, Medow, Arrable, and other Lands, as are peculiarly in the Lords owne Occupation, with the Stocke thereupon employed: and his Office principally is to shew the profits that are made of the same, as of Corne, Cattell, Fell-wooll, and such other Commodities: which Officer in meane mens estates is termed the Bayliffe of the Husbandry.
This Officer is to ouersee the Husbandmen, that they doe their duties in the Manuring and Tilling of the Lords grounds, at fit and conuenient seasons; to prouide of the best Corne for seede, and to see the same carefully and profitably bestowed, in such grounds as are fittest therefore; to looke to the preseruation of the Carts, Waines, Ploughs, and all such other Instruments and Implements of Husbandry, and to see the [Page 30] same repayred when they are out of order; to see that the Husbandmen haue care, in the feeding and dressing of their Teemes & working Cattell, & to looke to the repayring and amending of the fences, hedges, & ditches of the grounds in his charge, and all such other matters belonging to Husbandrie.
To see the Hay and Corne of all sorts, renuing, growing, and encreasing vpon the Lords grounds, carefully and seasonably Inned: and after, at conuenient times Threshed out, sold and deliuered to the Lord his vse, and to keepe true reckoning of the same from time to time, vntill he haue perfected his Accompt before the Auditor.
To see that the Heards, Shepheards, and such other Hindes, as haue the custodie of the Lords Cattell and flockes, do their true endeauours and duties in the feeding, curing, and preseruation of the same, and to keepe true Accompt of them from time to time, aswell of what commeth into the Stocke, as Cattell bred, bought, and receiued, (viz. Herriots, [Page] Waiues, Estrayes, Felons goods, Presents, and such like) as of what goeth out of the same: as Cattell sold, deliuered to the vse of the Lords house, or otherwise by Warrant; Cattell dead, lost, stollen, or such like; entreating the same orderly in a Booke, each vnder his proper title, that they may plainely appeare to the Auditor, vpon his Accompt without confusion.
To set downe in his said Booke, the the true rates and prises of all such Cattell, as shall be bought or sold by him, within the compasse or time of his Accompt, with the times and places, when and where the same were bought and sold, and the age and qualitie of the Cattell, as also to rate and apprize all such Cattell, as he hath deliuered to the Lords vse, or by his Commaund, at such rates and prizes, as they were reasonably worth in the Market at the time of their deliuerie: that so the yearely profit of the Lords Demesnes, and grounds employed with Stocke, may the more plainely appeare vpon euery Accompt.
This Officer, as concerning his qualities, ought to haue good skill in all manner of Husbandry, and in Cattell, Corne, and Grayne of all sorts; as also, to be perfect in buying and selling euery Commoditie belonging to his Charge, and carefull and honest in the execution of his place.
CHAP. 8. Of Receiuers, both generall and particular.
THe Receiuers generall & particular, being likewise Officers of Charge, differ not much in the manner of execution of their places, neither indeede is there any neede of particular Receiuers but only in great Reuennues, where the Lords lands and profits lye dispersed in many and farre distant places, and Countries: And therefore of them in generall.
They are for the due execution of their Offices, to keepe their Receipts twice in the yeare, at times and places conuenient, and to giue warning and [Page] notice to the Bayliffs, Collectors, Farmers, and other Ministers, to bring in to those places, the Lords Rents, and other profits due at those times.
To receiue and take Charge of the Lords monyes at the Audite and Receipts, & to see the same safely conueyed to such places, where the Lord hath vse thereof.
To keepe perfect Abstracts of all the Lords certaine Rents, especially of the Farmers, and Leaseholders, whereby they may call to such Ministers as are to pay them in, if they be slacke in their payments.
To keepe also perfect Notes and Abstracts of all Rents resolute, Annuities, Pentions, Stipends, Salaries, Fees, Wages, and other certaine payments, yearely by them payable, and issuing out of the Lords lands, by vertue of any Patent, Graunt, or other certaine assurance in being, and out of controuersie; and to make payment of the same, at the due and accustomed times, taking good and effectuall Acquittances & discharges [Page 34] therefore, to the vse, and on the behalfe of the Lord.
To pay out vnto the Steward of the house-hold, and other Officers of expence, as also to all Creditors, Tradesmen, and others, to the Lords vse, all such summes of money as by the Lords Warrant, he shall be appointed to deliuer, taking of them sufficient Acquittances for discharge of the same, on the Lords behalfe.
To keepe perfect and formall Bookes of all their doings for the Lord; both in Receipts, and Disbursments, and to Accompt for the same yearely to the Auditor.
These are the principall things belonging to the Office of Receiuers, both generall and particular, which to performe, there is no great skill or extraordinarie sufficiencie required, only they ought to be of abilitie, whereby to put in good securitie for the due answering of the Lords moneyes, and profits, that shall come to their hands: also, they must be of good discretion in the disposing [Page] of their businesses and payments, that the Lord be not to seeke of his moneyes, when any extraordinarie and sodaine occasion shall happen: and chiefly of all, they ought to be exceeding honest and conscionable, for that many summes of money, both come to their hands and goe out also, which the Auditor cannot charge them with, nor giue them allowance of, but vpon their owne voluntarie acknowledgement and confession.
And thus haue we briefly described the duties of all the most necessary Officers of Receipt belonging to an Honorable estate: and now we will proceede to the Steward of the house, being the sole Officer of expence accomptable to the Auditor, as concerning matter of Reuennue.
CHAP. 9. Of the Office and dutie of the Steward of the Houshold.
THe Steward of the house, is the principall Officer of expence, in the due [Page 36] execution of whose place many Oeconomicall precepts concerning the well ordering of an honorable Familie, might be considered, which heere according to my former propounded method, I purposely omit; and will onely touch such matters as doe most depend vpon Reuennue, for which he is charged and accomptable to the Auditor, which are the monyes to him deliuered by the Receiuers, and others, for the expence of the Lords Houshold, as also the Beeues, Muttons, Corne, and graine of all sorts, Wood, Coales, and all other prouisions and Commodities receiued from the Storer, Woodward, Bayliffe, Warriner, or other Officer of Charge belonging to Reuennue, all which notwithstanding they be deliuered to the peculiar Officers of expence, to whose place they belong, yet the Steward is to haue the ouersight of them, and to keepe Accompt both of their Receipt and expence.
He is therfore to see to the deliuerie, and apprizing of all such Commodities [Page 37] and prouisions as are deliuered in, from the Storer, Warriner, or other Officer, for expence of the Lords Houshold; that the Rates be reasonable, and according to the Market at the time of their deliuerie.
To call to Accompt weekely, or at the most monethly, all the inferior Officers of expence: as the Gentleman of the Horse, Clerke of the Kitchin, Keeper of the Granarie, Brewer, Baker, Butler, Pantler, and all others which haue any Charge of prouision to accompt for, and to see that euery of them do execute his place frugally and without waste.
To keepe faire and orderly Bookes, aswell of the weekely or monethly Accompts of all the foresaid Officers, as also, of all other his owne Receipts and Disbursments, entering in the same each particular, in his due and conuenient place, and vnder his proper title, that all things may appeare without confusion: & finally, to accompt vnto the Auditor honestly and iustly at the end of euery yeare.
Now concerning the qualities wherwith this Officer is to be furnished, much might be said, if I should enter into Oeconomicall affaires, but to auoide tediousnes, and to wade no farther then my first intent, I say, that it is fitting this Officer should be of honest life and conuersation, whereby to shew good example to others; of good abilitie & reputation, whereby to curbe and keepe vnder stubborne and disordered spirits of inferior place and ranke; and also graue, wise and discreete, whereby to dispose and order the businesse committed to his Charge, and to gouerne the Lords Familie in honorable and laudable fashion: And thus much may suffice concerning this Officer and all other of expence; from whom we will proceed to the Auditor our last, yet not least Officer of Order.
CHAP. 10. Of the Office and dutie of the Auditor.
THe Auditor is an Officer of Order, and of all others belonging to Reuennue, [Page] one of the principall and most necessarie; for that by him the doings of all the former, are ouerlooked and examined to the Lords profit: in which respect this Officer representeth the Lord his owne person, and ought to haue more speciall authoritie conferred vpon him then any of the former.
He is by vertue of his Office yearely to take and examine the particular Accompts of all and singular the Officers and Ministers of Charge aforesaid (except such as are accomptable 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 duely in the Accompts so taken, all such materiall changes and alterations as may happen in the Rents, tenures, and Tenants names, either by Escheate, new Purchase, Sale, determination of estate, improuement, decay, or any the like accident, that the same may euidently appeare vpon euery occasion without confusion.
To see that the casuall expences and Bills of Charges yearely brought in by the Bayliffe, and other Accomptants, to be allowed for Court Dinners, keeping of Strayes, repayring of the Pinfold, & such like, be reasonable and fitting, and where they are excessiue, vnfitting, or vnnecessary, to diminish or disallow the same.
Note, that in great estates, this & many other such casuall matters & expences are left to the consideration and disposing of the Commissioners appoynted for the ordering of the Reuennue, & there the Auditor of himselfe 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 Accompts to the Lord, within short space after the taking of the same, and within the compasse of the yeare next following, to engrosse them faire and in good order, to remaine to the Lord and his posteritie.
To take notice, and keepe true Accompts of all Arrerages of Rents, or other profits that may happen, and to charge the Accomptants with them from yeare to yeare, vntill they may be leuied & answered: as also, to acquaint the Lord or his Solicitor with such decaied Royalties, priuiledges, and Customes, as are fitting to be reuiued, or re-established, and with such arrerages of Rents and Debts as are to be recouered by Lawe, and to see that the same be put in Suite with the best conuenience whiles they are recouerable.
To enroll faire and in a Booke made for the same purpose, all the Leases, Patents, & other Graunts yearely made by the Lord or his Commissioners, thereby vpon any occasion to be able to giue the Lord satisfaction, aswell of the particulars of the thing leased or graunted, as of the end and determination of the same.
Now this Officer, in respect of the qualities he is to be endued withall, for the better and more sufficient execution of his place, ought first and especially, to be [Page 42] honest, free from corruption, and carefull in all his dealings.
He must be trained vp in the facultie of an Auditor: whereby he may be able orderly to drawe downe out of the Bookes of Suruey, Rent-rols, and other the Lords Euidences, perfect viewes, and Accompts, as well Receiuers as Ministers, of euery seuerall Lordship, Mannor, Rectorie, Farme, Bayliwicke, Libertie, and such like, duly distinguished the Rents and profits yearely happening, & the reprises and deductions yearely going out, each vnder his proper title, and in his due place and forme.
He ought also to be a good Clerke, to write a faire hand, and to haue the perfect and ready vse of his Counter, to be of good vnderstanding, pregnant wit, and good apprehension, thereby the better to looke into the doings of such Accomptants, as he shall haue to deale withall, and to finde out the shifts, tricks, and deceipts, of such as are euill disposed: and finally, he ought to be of good experience and sufficient practise, in all [Page] matters concerning his facultie: which he being, and executing his place honestly, and with iudgement, the profits that will arise to the Lord by this Officer are great, and more then sodainely can be drawne to memorie: some of the principall whereof, notwithstanding as a taste of the rest, I haue heere set downe in these Articles following.
1 Inprimis, an estate well ordered by a skilfull Auditor, giueth great ease and comfort to the Lord of the same, and helpeth to improue it selfe: for that euery small profit is continually in the Lords eye; which in estates ill managed, (by men of no skill in Auditorie) are often, and for the most part, either quite concealed, or altogether neglected.
2 Item, a skilfull Auditor, in keeping due accompt of arrerages of Rents, amerciaments, fines, and such other profits, is not only the meanes to make the Bayliffs, Collectors, and other Ministers carefull to omit nothing of their duties, but also to keepe disordred Tenants in the better obedience: for where there is [Page 44] no Auditor at all, or one that is remisse and of no skill, many casuall profits, especially amerciaments are vtterly lost, by the neglect of Ministers, and for want of carefull looking vnto, which very thing is a great cause of disorder among the worst sort of Tenants, animating them, aswell to neglect their seruices & duties to the Lord, as to cōmit iniuries & trespasses, one against another, by hedgbreaking, wood-stealing, breaking into Pastures, and Corne, with their Cattell, and such like: all which, if these amerciaments were duly imposed, leauied, and answered, would be more carefully looked vnto and auoyded.
3 Item, an Auditors accompt, is good Euidence to pleade in Court, for the holding or re-obtaining of any Rents, Royalties, Customes, Seruices, Priuiledges, Franchises, or such like, formerly in possession, and after lost by neglect or otherwise.
CHAP. 11. The Conclusion, shewing the order how to gouerne an honorable estate, by the Officers aforesaid: and in small estates, how to contract them to the Lords best aduantage,
HAuing before sufficiently declared the seuerall duties of each particular Officer and Minister of Reuennue; together with the qualities euery of them ought to be endued withall, for the better and more effectuall performance and execution of their seuerall places, and Offices, it resteth now only to shew and set downe, a little more plainely, the dependance that one Office hath of another, and thereby the order of gouerning an honorable estate by them, and how euery particular profit of Reuennue may be brought in charge, & duly collected, and answered to the Lords best aduantage: wherein, for our better proceeding, we will comprehend al profits of Land-Reuennue, vnder these two generall heads, Certaine & Casuall.
All Certaine profits of Land-Reuennue [Page 46] are enquirable by the Surueyor, and by him to be certified, and expressed in his Bookes of Suruey, as Rents of Free-holders, of customarie Tenants, of the Demesnes and Lease-lands, of Tenants at will, of herbage, and agistament, of Parkes, Woods, Forests, &c. of Mills and Mulcture, of Mynes, Quarries, and such like: of all manner of Royalties; as Fishing, Fowling, Hawking, Hunting, Free-warren, and such other: Also, all manner of mouable Rents, as Hay, and Corne, Egges, Hens, Geese, and the like: And lastly, all Rents of Scruices & customes, being certaine, as for Licences of all sorts, common Fine, release of Suite of Court, head-siluer, green-hew, and such other. Out of which said Bookes of Suruey, being faire engrossed & made authenticall by Euidence therein certified, and the Iuries hands therevnto subscribed; a briefe Abstract, and Suite-Roll, is to be made, and deliuered to the learned Steward, whereby he may not only call the Tenants to doe their Suite and Seruice at the Lords Courts, [Page] but also be directed by value of the lands how to assesse Fines vpon Coppyholders, and the like. Then also a perfect Rent roll is to be made out, & deliuered vnto the Bayliffe, whereby he may collect, and gather vp the said certaine profits, and accompt for them yearely to the Auditor, as before hath beene said. Lastly, the Bookes themselues are to be deliuered vnto the Auditor, that out of them he may drawe downe, and make out the viewes of his Ministers accompts, and then to redeliuer them to the said Surueyor, to remaine in his custodie for the vse of the Lord or his Commissioners, in letting of Leases, and such other occasions.
The Casuall profits of Reuennue, are either enquirable by the learned Steward in his Courts, or by the Auditor, at the time of his Audit.
Casuall profits, enquirable by the Steward, are Herriots, Reliefes, Wards and Mariages, Forfeitures, Waiues, Estrayes, Fellons and Outlawes goods, Fines vpon admittances of customary [Page 48] Tenants, fines vpon Licences, purprestures, and new erections; amerciaments, and paines for default of suite of Court, mending, scowring, and clensing of Fences, Ditches, and Highwaies, Rescous, Pound▪breach, and other like trespasses, nusances, and offences Escheats, Pleas, and Processe of Courts, Fraies, bloudsheds, and the like; All these the Steward is to extract out, to the seuerall Bayliffes or other Ministers, appointed to collect & leauie the same, and to returne the duplicate of the said Extracts to the Auditor, as before hath beene expressed. And it is fitting that such of them, as are laid down in Court, the Receiuer or Bayliffe should be present, to take them vp to the Lords vse, & not to commit them to the Stewards charge, least by that meanes he purse the small ones to his owne profit, and neuer accompt for the same, as fines of Licence of Brewing, digging of grauell, sand, chalke, clay, and such like.
Casuall profits enquirable, by the Auditor only, are profits of Faires, [Page] Markets, and such like; wood-sales, Agistament and Pawnage; profits of the wastes and Moores, as sale of Heath, Turfes, Peate, Sand, Grauell, Marle, Chalke, Clay, and all other profits being casuall, and not elsewhere enquirable: In exacting of which accompts, the Auditor had neede 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 accompt for the same, who if he be not honest and conscionable, may yearly defraude the Lord of a great part thereof; but the Auditor, if he be wise and circumspect, may both finde out the falshood, and take order to preuent the same.
These Rents and profits, both certaine and casuall, being duly collected by the Officers and Ministers thereunto appointed, ought at euery halfe years end, (or sooner if occasion require) to be paid vnto the Lords Receiuer, who vpon the receipt thereof, ought to giue his [Page 50] Acquittance to the Minister which payeth them, as for so much by him receiued, of the issues and profits of his Office for that yeare: & at the years end the said Minister vpon the determination of his accompt, shall deliuer vnto the Auditor the said Acquittance, whereby to charge the Receiuer with the monyes receiued, and shall for his owne discharge, take out a Quietus est for that yeares accompt vnder the Auditors hand.
All the Ministers thus hauing accompted, the Auditot shall call the Receiuers, charging them, aswell by their said Acquittances, as by the viewes, of the Ministers accompts, their owne confession, and such other notes, as shall come to his hands for that yeare; and they for their discharge, shall produce the Lords Warrants, & the Acquittances of such persons, to whom they haue paid any money; as also the bills of al charges and expences, by them that yeare disbursed, signed with the Lord or his Commissioners hands: all which, vpon the determination of their accompts, they shall also [Page] leaue with the Auditor, aswell for his warrantie of their said accompts; as for the more effectuall charging of the Steward of the house, and all other persons, which are to accompt for monyes imprested by warrant or otherwise, accepting likewise of a Quietus est vnder the Auditors hand for their owne discharge. And thus shall the said Auditors proceede, from accomptant to accomptant, as they depend one vpon another, vntill he haue finished with them all: which being done, he shall make out his Declaration of the whole yeares businesse, as before hath beene said, bipartite indented, and declare the same before the Lord or his Commissioners, who shall signe the one part thereof, to remaine with the Auditor for his discharge; the other part thereof, the said Auditor and Commissioners shall signe, to remaine to the vse of the Lord.
But heere me thinkes, I heare some obiect, that the ordering of an estate after this manner (being it requireth so many Officers) will be too chargeable [Page 52] for most men, and therefore not to be put in execution, but only by such as haue very great estates. To such I thus answer.
It is not so much the multiplicitie of Officers, that is required in the well managing of an estate, as the order and method to be vsed in the placing, and appointing of those Officers: for there is no man of abilitie, but hath, and is at charge with so many as serueth his turne after his owne manner, which number would also (out of doubt) doe it in the forme heeretofore described, the Auditor only excepted, whose place the Lord himselfe in small estates, for the most part, executeth (and may well performe the same if he haue leasure, and be skilfull, but that few are, and thereby ensueth the most losse) therfore to come to the matter, and to shew how in small estates, with sewest number of Officers, and least expence, an honorable Reuennue may be well ordered, these two rules must be precisely obserued.
First, that none of the Officers of [Page] order be wanting (the Surueyor only excepted, who hauing once in the beginning perfected his Surueyes, there is small vse of him for many yeares after, so there be a skilfull Auditor, and a learned Steward) and these Officers of order, neede be no great charge to any Lord, for that one man may serue to manage diuers Lords estates, hauing no further dependance vpon any of them, but only a reasonable yearely Fee allowed for his paines, which if they be skilfull and honest, their diligence shall in surplussage bring in, with aduantage, and ease the Lord of much labour and vnquietnesse. And the more neerely 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 Surueyor and Auditor: and of this Officer (the Auditor I meane) I would wish no Lord to be destitute, for where the Lord himselfe taketh the accompts of his Officers of charge, except he be very skilfull and painefull also, [Page 54] although his estate be but small, yet for want of this Officer he may well lose twice so much in the yeare (either by negligence and corruption of Ministers, or by want of skill to examine their doings) as would fee a good Auditor to doe the same: Yet let him also be carefull in the choyse of his Auditor, for many now a dayes take vpon 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 obserued, that no one man be put to execute Offices of order, and Offices of charge both together, as Auditor and Receiuer, Auditor and Steward of the house, learned Steward and Receiuer, Bayliffe, Woodward, or such like: much lesse 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 perceiued, what great meanes & strong temptations they haue (if they be not of exceeding honestie and good conscience) [Page] secretly to enrich themselues, by the losse and hinderance of the Lord; or at the best, what danger of losing many profits, by neglect, or for want of skill to preuent the same. And yet it is seene in most mens estates of the meaner ranke, that one man hath the gouerning of all, both for order and charge; and he for the most part, of no further skill, then to set downe confusedly his receipts, on the one part, and his disbursments on the other, & so by comparing them to finde the difference: whereby also the Lord hath no other declaration of his doings, but the said confused accompt, in which all things for the most part come in in grosse; and the profits of many Mannors, and disbursments of sundry natures, are so mingled together, as they can neither for the present, nor in after-times, vpon any occasion that may happen, be distinguished, nor the Lord see whether he haue right or wrong.
But to conclude, although it be not fitting, that one man should execute [Page 56] 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 vpon a few persons; for one man may be generall Receiuer, and Steward of the house; another may supply the places of Bayliffe, 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 possibilitie to haue all his profits truly answered, and narrowly looked vnto; where not only euery small matter is taken notice of, by two or three seuerall Officers; but also euery Officer of charge, is to giue accompt of the profits he receiueth, and the Officers of order meddle no further, but to charge and discharge the moneys by the other receiued, to search out the profits of Reuennue, and to see that each Officer of charge, doe execute his place with honestie and diligence.
And thus haue I, in the best & briefest manner I can, described the well ordering of an honorable Reuennue: wherin, [Page] in what I haue failed, I submit my selfe to the reformation of the more iudicious: thus much by the way inferring, that I haue not in all points exactly followed the order and course obserued in the managing of the Royall estate of our Soueraigne; who besides Land-Reuennues, hath many other, and great profits, yearely comming in by his Subiects, (not heere spoken of) the most of which are returnable into his Maiesties Exchequer, where they are handled and ordered, by those great Maisters of Arte and iudgement in these faculties, from whome I acknowledge to haue receiued that little skill and experience which I haue. What here is set downe, is drawne from them, and applyed to the vse of the Subiects in their smaller Reuennues, which I leaue to the consideration of all such, whom it may concerne, and who haue hitherto lost, by ill ordering of their Estates.