Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	call_v	parcel_n	1,309	5	11.5972	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93553	A treatise of gavelkind, both name and thing. Shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. With sundry emergent observations, both pleasant and profitable to be known of Kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. By (a well-willer to both) William Somner.	Somner, William, 1598-1669.	1659 (1659)	Wing S4668; Thomason E1005_1; ESTC R207857	133,861	236

〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a Foenerator a Usurer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profitable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unprofitable unthrifty or else which I rather think from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Villanus Colonus as the old Version of the 19th 21th of K. Ina's Laws renders the word which comes all to one with Ceorliscus spoken of in that second Chapter of the Foedus Aluredi Guthruni Regum and there described by his quality to be o●e that occupieth Gafolland As for the remaining two Inland Utland the former was terra dominicalis land holden in Demesne in the owners own hands and for the most part designed in mensam Domini whence otherwise stil●d in succeeding times Bord-land like the Civilians and Canonists bona ad mens●m and in this respect may not unfitly be referred to Bocland regularly of like property The latter contrariwise like Gafolland and Neatland was land letten out and in opposition to Demesne land termed in servitio or tenement●lis that is granted out in service by the Lord to his Tenants to be holden of himself and so we may parallel it as with Gafolland and Neatland so with Folcland being of the same nature like the Frenchmans Fief s●rvant i. terra serviens in respect whereof the Tenants were bound to be Retainers Attendants and Followers to their Lords Sui●ors to their Courts and were thence called in the term of Hen. 1. Laws taken up afterwards of Bracton Folgarii concerning which see further in Sir Hen. Spelmans Glossary verb. Folgare Folgarii as also in the Laws of King Knute par 2. cap. 19. Besides these sorts of land after ages since the Conquest produced many other such as Work-land Cot-land Aver-land Drof-land Swilling-land Molland Ber-land Smiths-land Ware land Terra Susanna For-land Bord-land and such like Of each of which for some satisfaction to the inquisitive in a word or two The first work-Work-land is land of a servile nature and work- condition terra servilis as I find it called as also what indeed the word soundeth terra operaria because haply at the creation of the manour and distribution of it into parcels charged with servile works such as plowing and harrowing the Lords a●able ground mowing tassing and carrying in his hay sowing weeding reaping and inning his corn making and mending his fences thatching his barns and such like charged I say with servile works and not with Cens or Rent or if also with rent yet of the twain more especially with works and therefore contradistinct and opposite to Gavelland which was land liable to Cens or Rent or if also to works yet chiefly to rent both one and t'other being denominated from what was the more eminent service arising from them Hereof some footsteps visible in the 66. of King Ina's Laws The second cot-Cot-land that belonging unto and occupied cot- by the Cotarii Cotset● or Cotmanni a sort of base Tenants so called from certain Cotes or Cottages small sheds like sheep-cotes with some little modicum or parcel of land adjoyning originally assigned out unto them in respect and recompence of their undergoing such like servile works or baser services for their Lords as before expressed The third Aver-land much the same with that before called Work-land coming of the French Ouvrer to work or labour but chiefly differing from that in this particular that the services thereof consisted especially in carriages as of the Lords corn into the Barn to Markets Fairs and elswhere or of his domestick utensils or houshold-provision from one place to another which service was of diverse kinds sometimes by horse thence called Horse-average otherwhile by foot thence termed Foot-average one while within the precinct of the manour thence named In-average another while without and then called Out-average the Tenant in the mean while being known by the name of Avermannus The fourth Drof-land that holden by the service of driving as well of Distresses taken for the Lords use as of the Lords cattel from place to place as to and from Markets Fairs and the like more particularly here in Kent of driving the Lords hogs or swine to and from the Weald of Kent and the Denns there thence called of old Drofdens namely from the droves of hogs sent thither and there fed and fatted with mast or pawnage the Driver whereof was vulgarly called Drofmann●u The fifth Swilling-land that let out or occupied by Swillings Swollings or Sullings that is Plough-lands coming of the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Plough in which notion the word may extend to all arable land the quantity whereof was various and uncertain conteining more or lesse according to the nature of the land a Plough being able to master a greater or lesser quantity thereafter as it is in quality This of Swillings I find to be a word proper to the Kentish even from the Conquerours time to look no higher whose Survey commonly called Domesday-book shews Suling and the like to have been a term in those dayes peculiar to this County whereby to expresse the quantity of their land whilest Hide and the like was of like use elswhere To this head may be referred Hide-land Yoke-land Aker-land Rod-land and the like being quantities or portions of land let out and occupied by the Hide Yoke Aker Rod c. and denominated accordingly The sixth mol-Mol-land was the same with Up-land mol- of the Saxons called Dunland standing in opposition to meadow-Meadow-land Mershland or low-Low-land the Tenant whereof was wont to be called Molmannus the word as I conceive being derivable from the Latine Moles a heap of which see further in the Surveyours Dialogue Hence probably the name of that place in Ash the seat and patrimony a● this day and from good antiquity of the Harflets formerly of the Septvans families both in their time ado●ned with Knight-hood called Molland being of an advantagious situation for the overlooking of a large level of a rich Mershland The seventh Ber-land that which was held by the service of bearing or carrying the Lords or his Stewards provisions of victual or the like in their remove from place to place such Tenant being thence called ●erm●nnus The eighth Smiths-land that in respect whereof the Tenant was bound as to undergo the Smiths or Farriers office and work in and about shooing his Lords horses and carriages so also to find and furnish him with materials of iron for that purpose The ninth Ware-land the same that otherwise called in the Latine of the times Terra warectata or Terrajacens ad warectam that is land lying or suffered to lie ●allow coming from the French Garé their g here as in many other words being turned into our w whence with them Terre garée for old fallow-ground The tenth Terra susanna land not much unlike unto if not the same with the former being superannated land or land with over much tillage

worn and beaten out of state and therefore of necessity lying over year and being converted from tillage to pasture until it may recover state and be fit for tillage again the term or denomination coming from the French Susanné signifying stale grown old past the best or overworn with years The eleventh For-land the same I take it that we otherwise use to call Fore-aker whereof see more in Sir Henry Spelmans Glossary verb. Forera The twelfth and last Bord-land that holden and occupied by the Bordarii or Bordmanu● the same I take it with the French Bord●ers i. e. Villeins or Cottagers such as hold by a servile base and drudging Tenure of them called Bordage You may read both of the one and the other in the old grand Custumier of Normandy cap. 53. Within the ●ignification of the word Bordland are comprehended also as is already hin●ed in this chapter lands holden in Demesme of the Saxons termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and designed to the furnishing of the Lords boord or table and the maintenance of him and his family in victual For which see Bracton lib. 4. tract 3. cap. 9. num 5. Which kind of land the Saxons used to call Foster-land quasi fostering land that is land ad victum a term obvious and very frequent with the religious men of those dayes who as they had their special Ferms and portions of land assigned them ad victum so had they other as peculiar to their clothing or apparelling land ad vestitum which from the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vestis or vestimentum they called Scrud-land They had withall their Sextary-land which was such as apperteined to the office and was intrusted to the care of the Sacrist or Sexton and was designed chiefly to the upholding maintenance of their Church or Temple both in the Fabrick and Ornaments Besides all these they had their Almes●and which was that appropriate to their Almnery a parcel or place of the Monastery set apart for harbour and relief to such poor people for the most part as were allied or otherwise related to the Monks I may not he●e omit Over-land a name attributed to such land as lieth by or along a Rivers side and coming of the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. margo the bank of a River whence that known places name lying by London alongst the Thames-side called St. Mary Overies compounded of the aforesaid Over and Ree betokening a River or Current of water Land of this name we have at or neer Ash in Kent alongst the Stour-side running to Sandwich Town and Haven I might to these add Monday-land and the like which with it fellows borrowed denomination from this or that week day and that in respect of the Tenants obligation to such or such servile works or services upon such or such dayes of the week in respect of that land But I purpose to digresse no longer having for brevity sake wittingly omitted the quotation of the places where these several names occurr which otherwise I should willingly have added and shall onely in the Appendix Scriptura 23. present the Reader with a copy of a Saxon charter making mention of those two Fosterland and Scrudland as somewhat more remarkable than the rest Now returning to our Bocland you must know that notwithstanding that introduction of new Tenures by the Conquerour we did not streightway forgo our Bocland that kind of Tenure I mean but reteined it both name and thing witnesse first what occurrs in a Deed sans date of certain messuages by Roger son of John Alderman of Radingate in Canterbury granted in Frankalmoigne to St. Laurence Hospital neer the city founded by Hugh of that name the second Abbat of St. Augustines there in the year 1137. viz. Duo messuagia quae sita sunt in terra d Bocland de qua nulli responde● c. where we have not onely Bocland mentioned but the nature of it also in part se● forth Witnesse also another passage to the same effect in a like ancient charter to the Church of Canterbury for the grant of a parcel of land lying without the wals of the city between Queningate and Burg●●e running thus Volo autem ut monachi teneant terram illam omnino liberam sicut ego antecessores mei nemini inde respondeant Witnesse lastly Domesday book it self where though haply not the name of it as neither of Folcland Saxon terms both yet the thing to my apprehension is very obvious and often occurring under the name and notion sometime of Tainland otherwhile and I think more often of Allodium Hence the phrase for the former of clamare ad Tainland of tenere in Alodio for the other both taken up as I conceive in opposition to Fee but the former so termed because indeed Bocland or Alodium was properly tenable by Thanes hence in the eleventh chapter of King Cnutes Laws par 1. Thegn and Bocland in the original Saxon as Thegen and Allodium in the Latine version in Textus Roffensis meet as relatives not but that it was sometime held by Ceorles as who were not incapable of holding it witnesse the old version of the Saxon Fragment in Mr. Lambard whereof before but when so as improperly there and as much out of place as Knights Fee proper to Knights and the nobler sort of people were in this Kingdome since and at this day in Socagers hands or in the hands of Sockmen whose proper tenure was that of Gafolland 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as you have it before I have often much wondred with my self whence it should come to passe that diverse of our Canterbury houses and ground at this day pay no Quit-rent at all which others in the same place though holden in Free Burgage are known to do But considering afterwards with my self that Bocland often occurrs in Landbocs as they were called of the place in the Saxons time I at length concluded at least conceived such houses and ground to be the remains of our ancient Bocland which seemeth to be still surviving in them as if holden in Allodium pleno jure without all manner of chargeable service and no other probably than part of those eighty acres of land or the like in Canterburies Survey in Domesday-book thus expressed Habet etiam 't is spoken of Ranulfus de Columbers quater viginti a●r as terrae super haec quas tenebant Burgenses in Alodio so I read it rather than Alodia de Rege or as a very ancient book sometimes of St. Augustines Abbey now with the Kings Remembrancer in the Exchequer reads it Item dicuat Burgenses quod idem Ranulfus tenet quatu●r viginti agros de Allodiis eorum c. The same Domesday-book to prosecute this discourse of Allodium a little further makes mention particularly of some Allodiarii by name in that Kentish Survey and there also we may read to this

vestrâ authoritate nomine vestro per ministros vestros res possessiones nostras invadit cum nichil ad eum spectent set nos teneamus post Deum in capite de vobis sicut ipse quod manifestum est decedentibus Archiepiscopis quia terrae eorum statim confiscantur à seculo autem inauditum est quod possessiones nostrae confiscatae fuerint aliquo tempore Quapropter supplicamus ut maturiùs pro Deo dum potestis haec corrigi faciatis cum fortè tunc velitis cum non potueritis Valeat Donatio Wolgithae de manerio de Stisted A. D. 1046. Here appeareth in this writing how Wolgith gives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 her substance after her departure which to her the Almighty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God gave in life to use that is then first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to my Lord his right Heriot And I give that land 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at Stistede by Gods witnesse my friends 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Christ-church to the Monks for sustenance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on this condition that Elikitel Kytel my children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 use those lands for their dayes afterward go 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that land to Christ-church without any deduction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for my soule for Elfwines my Lords for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all my children be halfe the men free after their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dayes And I give to the church at Stistede 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 besides that which I in life gave Eldemesland 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereto Hyeken that there be in all fifty acres in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 field after my departure And I give to Wolk 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kytel my sonnes that land at Walsingham at 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Charlton Herlingham And I give to my two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 daughters Gode Bote Sexlingham Summerledeton 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the church at Sumerl sixteene acres 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of land one acre of medow And I give to Ealgyth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my daughter that land at Cherteker and at Ashford 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the wood which I laid thereto And I give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Godwine Earle and Harald Earle Frithton And I give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Christ-church to Christs altar one little 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gilt crosse and one carpet and I give to S. Edmund 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 two boned hornes And I give to S. Etheldrith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one wollen kyrtel And I give to S. Osyth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 halfe a pound of money And I give to Austine one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 carpet And he that my testament bereaveth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I now ordeined have by Gods testimony 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bereaved let him be of these earthly joyes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cut off him the Almighty Lord which all creatures 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 created made from all holy mens communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Domesday be he delivered to Satam the Devill 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all his cursed companions into hell bottome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there perish with Gods deniers without intermission 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mine heires never to trouble s Of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is for witnesse Edward King many others 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Donatio terrarum apud Apoldre Orpinton Palstre Werhorne Wittrisham ecclesiae Christi Cantuariae per Aedsium Presbyterum de consensu Cnuti Regis Aelfgifae Reginae ann 1032. Here appeareth in this writing how Cnut King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aelfgife his Lady gave to Eadsy their Priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he turned monk that he might convey that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 land at Apuldore as to himselfe most pleasing were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then gave he it to Christ-church to Gods servants 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for his soule he it bought that of the Covent for his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dayes Aedwines with fower pounds on that contract 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that men deliver every yeare to Christ-church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 three weighs of cheese from that land three bundles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Eeles after his dayes Aedwines go that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 land into Christ-church with meat and with men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even as it then inriched is for Eadsies soule and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he bought that land at Werhorne of the Covent for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his dayes and Eadwines also with fower pounds then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 goeth that land forth with the other after his dayes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Edwines to Christ-church with the crop that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there then on is that land for his dayes at Berwick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which he obteined of his Lord Cnute king he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gives also those lands at Orpington in his dayes for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his soule to Christ-church to Gods servants for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 garment land which he bought with eighty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marks of white silver by Hustings weight he gives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also those lands at Palstre at Wittresham after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his dayes Edwines forth with the other to Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 servants for foster-land for his soule This bequest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he giveth to the Covent on this contract that they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ever him well observe to him faithfull be in life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after life if they with any unadvisednesse with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 him this contract shall breake then stands it in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his owne power how he afterwards his owne dispose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will Of this is for witnesse Cnute King Aelfgife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his Lady Aethelnoth Archb. Aelfstan A b. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Covent at S. Austines Brihtric young Aetheric 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 husbandman Thorth Thurkilles nephew and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tofi Aelfwine priest Eadwold priest and all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings Counsellours and this writing is threefold 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one is at Christ-church and one at S. Augustines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and one hath Eadsy with himselfe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS I have perused this learned Treatise of Gavelkynd and judge it very fit to be published April 7.