Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	father_n	heir_n	purchase_v	1,342	5	10.3637	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A08310	The surueyors dialogue Diuided into fiue bookes: very profitable for all men to peruse, that haue to do with the reuenues of land, or the manurance, vse, or occupation thereof, both lords and tenants: as also and especially for such as indeuor to be seene in the faculty of surueying of mannors, lands, tenements, &c. By I.N.	Norden, John, 1548-1625?	1607 (1607)	STC 18639; ESTC S113314	151,126	260

debitiet de iure consuet And because some of you doe not perchance vnderstand the meaning of the words thus they signifie that you are to hold your Tenements to you and your heires c. For such rent and doing such seruices as haue beene heeretofore due of right accustomed Is not this a condition for if you pay not the rent or denie the seruice you are at the Lords mercy to be compelled I doe not thinke therefore that any of you of any discretion will aduenture the losse of his intrest for not performing a seruice at his Lords commaund that tendeth also to his owne benefite and to no preiudice at all The end therefore of all mine admonition is to mooue you being a thing of common right to shewe your selues like vnto your selues true and faithfull Tenants vnto the Lord concurring all in one minde to doe the Lord this seruice in loue and the Lord no doubt will recompence it with like fauour although there be no recompence due for that which dutie bindeth to be done By this meanes you shal confirme your owne strengths by gaining retaining the Lords kind countenāce and he againe shall bee the more fortified by your true affections towards him for what a ioyfull thing is it for Lord and Tenant to dwell together in vnitie Now hauing thus prepared you to attention vnto the matters of your charge I will heere reade explaine vnto you such Articles as shall be for your instruction and leaue them with you in writing for your better memorie for I know and haue often found that a bare deliuerie of many words and of diuers things as in the charges commonly giuen in Courts Baron and leet● euen to cares well prepared may be little effectuall lesse to him that heareth and regardeth not but least of all to him that will not heare at all Such hearers there are of diuine things but many more of humane of this kind but were they matters of carnall pleasure delight they would be both heard and practised And therfore I the more moue you to attend vnto the things which I now am to deliuer vnto you The substance of the charge of a Court of Suruey contained in the Articles following 1 First as no doubt you all know that A. B. Knight the reputed Lord of this Mannor is the true vndoubted owner of the same and of all the lands meddowes pastures and other hereditaments within and belonging to the same And that you and euery of you do hold your lands belonging vnto this Mannor of him if not who hath the interest and right of the same to your knowledges 2 You shall duly and diligently set downe or shew vnto the Surueyor in his perambulation of the Mannor all the circuit buttes bounds and limits of the same and vpon what and whose Mānors Lordships lands and parishes it bordereth on all partes And whether any confining Lord or his tenants do any where intrude or incroche vpon this Mannor where it is by whom how much is so incroched As for the bounding of the Mannor it is fittest to be deliuered vnto the Surueyor when he treades the circuit that the best experienced tenants accompany him for information and some of the youth that they may learne to know the bounds in times to come 3 Whether there be any other Mannor or Mānors lying within the limits or circuit or extending in part into this Mannor what are the names of the Manners and who are owners of them how they are distinguished from this Mannor And whether this Mannor do any way extend into or lye within any other Mannor It is often seene that one Mannor lyeth within another and intermixed one with another in such sort as the true circuits buttes and bounds become confounded necessarie therefore it is that their distinctions should be carefully obserued and recorded for oftentimes one is deuoured or otherwise iniured by the other when Lords are remisse and Tenants carelesse to bring that to certainty which is or may become doubtfull 4 What Freeholders there are within or doe belong vnto and hold their land of this Mannor what are their names what land hold they what rent pay they by what tenure doe they hold and what seruices owe they to the Lord The negligence of Lords in the due continuance of the substance of this Article hath bred preiudice to many for where Freeholders dwell out of the Mannors whereof they hold and pay vnto their Lords but a small acknowledgement as a rose a pepper corne a Ielsoflower or some such trifle or are to doe some seruice at times whereof in manie yeeres hath beene no vse they haue not beene looked for neither haue their sutes beene continued for long time insomuch as they and their tenures haue growne out of memorie and their seruices out of vse and other Lords haue intitled themselues to the land and the right Lord lost all possibilities of estate wards marriage c. As cōmon experience maketh more plaine by the daily questions and sutes which rise when profits apparent may growe by any of the former casualties And therfore it is most necessary to haue alwaies a true sute roll whereby the Steward should euery Court call the Freesuters by name to expresse what rent he should pay and what seruices he ought to do that at the death of euery suter his heire with the land rent and seruices would be inserted in his steade The profit that will hereby grow vnto the Lord and tenants is manifest and this roll is to be made by the Surueyor and to be indented the one for the Lord the other for the tenants vpō view of euery Freeholders land 5 Whether you know that any Free-holder within or belonging to this Mannor hath committed any felonie or treason and hath bene thereof conuicted the Lord not yet hauing the benefit of the forfeiture or whether hath any such tenant died without heire generall or speciall If so who hath the present vse and possession of the land and by what right what land is it where lyeth it how much in quantitie and of what value It is a great defect in the Suruey of a Mannor which remaineth to posterities being inrolled or ingrossed for perpetuall memorie when the Suruey or doth superficially passe ouer the obseruation of the lands of euery Free-holder their tenures quantitie of land the place where it lyeth the rent and seruices For vpon sundrie necessary occasions the Lord is to seeke in euery of these and some are worthie because they loue not to be at charge to find out and continue that which is not presently profitable 6 Whether doth any Bastard hold any land belonging to this Mannor as heire vnto any what is his name what land is it and where lyeth it and what is it yearely worth A Bastard though he be knowne to be the son of that father that leaueth him

King gaue Lands vnto his followers in such quantity as did exceed the proportion of a mans manurance and occupation as a thousand two thousand Acres more or lesse which quantity of Land being at that time as it were in a lump or Chaos without any distinction of parts or qualities of Land he to whom such Land was giuen to hold to him and his heires for euer enfeoffed some others in parts thereof as one in ten another in twenty and some in more some in lesse Acres and i●●onsideration of such feoffements euery of these were to do the feoffer some kind of seruice as he and they agreed vpon reseruing such a part vnto himselfe as he might conueniently occupy in his owne hands and by this meanes the Land thus giuen by the King and thus proportioned out to others by the Donee became to be called a Mannor And he that was thus inuested in this Land by the King was in respect of such as he infeoffed called the Lord and such as were infeoffed were called Tenants Lord in respect of gouernement and commaund and Tenants in respect of their tenures and manner of holding vnder the Lord whom they were to obey Lord. But when or about what time was this erection of Mannors Sur. As I take it and as it seemeth in the time of the Normans for among the Saxons was no such name as the name Mannor yet the thing euen in substance was then for they had Demeisnes and seruices in substance but the demeisnes they called Inlands and the seruices Vtlands so that it differeth only in name but in Iurisdiction little or nothing at all Lord. Whereof is it called a Mannor Sur. There is some differēce of opiniōs whēce the wo●d Mannor should be deriued it is in Latin called Manerium yet a word not vsed among the Romans or ancient Latins therfore to find the etimon by it cannot be for the word is vsed among our Lawyers as many other made words are which haue bin termes raised by our Lawes are not elsewhere in vse and therefore the neerest way to find the signification of the word is by the quality of the thing so that some hold it should proceed of the Latine verbe Maner● which signifieth to abide or remayne in a place as the Lord and his Tenants did in this wherof the head house or the Lords seate was called Berrye which signifieth in the Saxon toong a dwelling place which continueth yet still in Hartfordshire and in diuers other places and is also taken sometimes pro castro which was also the seate of the Lord of some Mannor● Mannor houses were also and yet are called in some places Halls as in Essex and Northward Courts and Court-houses Westward as in Somerset Deuon c. as also Mannor places all which are places of the Lords owne abode and therefore it may not vnfitly be said to take name of abiding or dwelling Some thinke and not improperly that it taketh name of the French word Manemirer which signifieth to till and manure the ground And of the two I take this latter to be the most proper deriuation of the word Mannor for thereof are many chiefe houses of tillage called Predia Graunges It may also take name of Mainer to gouerne and guide because the Lord of the Mannor had the managing and direction of all his Tenants within the limits of his iurisdiction Of these deriuations qualem mauis accipe necessity tyes to neyther Lord. These significations of the word may stand all with sence and much materiall it is not whence the word ariseth but the likelyest is indeed that which most agreeth with the propertie of the thing But I haue within my Mannors sundry mesuages whence is the name deriued Sur. Of meisus or mesuager which is as much to say as familiam administrare to gouerne a houshold for euery of the Tenants had his family and of diuers of them and of the Lords family did a Mannor consist Lord. Then no doubt if a man haue a thousand Acres of Land more or lesse to him and his heires which lyeth in one intire péece not yet diuided may be diuided into parts as a portion for the Lord himselfe and some parcels to erect such mesuages for Tenants to do him seruice as he may make a Mannor where none was before Sur. No Sir for although a man haue a competent quantity of Land in his manurance and would conuert it to the end you speake of were it neuer so great and could establish many mesuages and could erect whatsoeuer seruices this would not become a Mannor because all these must haue long continuance which can not at this day be confirmed by any priuate man but by the King only but he may haue thereby a kind of seignory a Lordship or gouernement in grosse ouer his Tenants by contract or couenant but no Mannor No man at this day can create a seruice or a tenure or by any meanes rayse or erect a Mannor for there must be very Lord and very Tenant in fee-simple and that of auncient cōmencement and continuance or else it can inure no Mannor For a man may haue demeisns to occupy and Tenants to do him seruices and that of continuance and yet no Mannor As if a man that had Land did giue part of this Land in former time to some others in tayle to do him seruices heere are demeisnes in the donor and seruices in the donees and a tenure yet because there be not very Tenants in fee simple remaketh no Mannor Lord. Whether are all Lands holden of a Mannor parcell of the same Mannor S●r. No Lands may be holden of a Mannor by certaine seruices the seruice may be parcell of the Marnor and yet the Lands not Lord. But may not this Land be made parcell of the Mannor at this day S●r. By no other meanes but by escheat for if the Land fall vnto the Lord by escheat then it comes parcell of the Mannor for then is the seruice extinguished and the Land commeth in place of it Lord. May not a man purchace Land that lyeth néere his Mannor and annexe the same and make it parcell of the Mannor though it held not of the Mannor before Sur. Forraine Land newly purchased though it lye within the precinct and bounds of the Mannor can not be annexed though the Tenant thereof be willing to do his seruices there for this is in nature of a new creation of a tenure which at this day the lawe will not admit only the King by his prerogatiue may Lord. What if it were tyed vnto the Lord of a Mannor for the payment of an annuity is not the annuity then parcell of the Mannor And if that Land be purchased by the Lord and thereby extinguish the annuity doth not that Land come in place of the annuity and so become parcell of the Mannor as the Land you spake of before which by the escheat

the land cannot inherit 〈◊〉 hareditario but by conueyance Neither if he purchase land in his owne name can any inherite it after him of his supposed bloud vnlesse he be maried and haue children lawfully begotten to inherite Because it is contra formam Ecclesia as appeareth more at large Merton cap. 9. For a Bastard is no mans or euery mans sonne 7 What Demeysne lands hath the Lord within or belonging to this Mānor what how much woods vnderwoods medow pasture arable moores marshes heathes wastes or sheepe walkes And what is euery kind woorth yeerely by acre how many sheepe may the Lord keepe vpon his walke winter and sommer and what is a sheepe-gate woorth by yeere and what is euery acre of wood woorth to be sold Although this Article and sundry other hereafter mentioned be in substance enacted by a Statute made Anno g. Ed. 1. called extenta Mannerii to be inquired of by the tenants yet it is the part and office of a Surueyor to see examine iudge by his own experience knowledge euery particular comparing the Iuries presentment with his own opinion so shall he more truly attaine to the true vnderstanding of the things he seeketh and the more if he discreetly feele the minds of forraine inhabitants that are ignorant of the cause of his inquisition 8 What demeisne Lands hath the Lord lying in the common fields of the Mannor howe much in euery field and euery furlong And what is an acre of field arable land worth by yeere The like you are to present touching demeisne meddow lying in any common meddow within the Mannor 9 Also you are to present the names of all your common fields and howe many furlongs are in euery field and their names and the common meddowes and their names And what beasts and sheepe euerie Tenant ought to keepe vpon the same when the corne and hay is off And what a beast gate and sheep gate is worth by yeere Also at what time your field and common meddowes are layd open and howe are they or ought to be vsed And whether is it lawfull for the Tenants to inclose 〈◊〉 part of their common fields or meddowes without the licence of the Lord and consent of the Tenants This Article is duly to bee considered first in setting downe in certainty what euery man is to keepe vpon the fields and common meddowes because iniury is daily done by some of greatest abilitie to the meaner sort in oppressing the fields with a greater number of Cattle then according to a true proportion will fall vnto their share which is very e●tortion and a punnishment is to be inflicted vpon the offenders Also inclosures of common fields or meddowes in part by such as are most powerfull and mighty without the Lords licence and the Tenants 〈◊〉 is more then may be permitted the reason is that the rest of the Tenants loue 〈◊〉 much right 〈…〉 the same when the corne is off as he hath that encloseth the same Bayly But Sir if they lay it open at Lammas or at such time as custome requireth I think he doth neither Lord nor tenants wrong Sur. Yes for first be depriueth thē both of the feed of as much as his hedges ditches and enclosures take besides whether is it as conuenient for passe and repasse for cattle at one little gappe or two as when there is no esto●ell at all Bayly You like not enclosures then Sur. I do and I thinke it the most beneficiall course that tenants can take to increase their abilities for one acre inclosed is woorth one and a halfe in Common if the ground be fitting thereto But that it should be generall and that Lords should not depopulate by vsurping inclosures 10 What Commons are there within the Lordship which do properly belong to the Lord and tenants of this Mannor and how are the tenants stinted whether by the yard-land plow-land oxegang acres or rent how many may euery tenant keepe after either proportion or rate In this the like consideration is to be had as of the former but that this kind of pasture is called in the Statute of extenta Manerii 3. E. 1. pastura forinsica forraine herbage or pasture because no part of it is proper in any sort to any peculiar tenāt no not to the Lord himselfe as are the common fields cōmon meddowes This kind of Common or pastura forinsica is in three sorts the one is where a Mannor or towne-ship hauing and holding their land in seueraltie haue by consent lymited a certaine parcell of ground to lie common among them and from the beginning haue stinted euery man according to a proportion betweene them agreed and that is commonly by the acre which the pasture containeth Another maner of such kind of common pasture is where certain waste groūds one two or more lie within the Mānor or township and the Heard of the whole Towne is guided and kept by one appointed by the Tenants and at their generall charge to followe their Cattle in which kind of pasture there is also a limitation or stint both of the number and kinds of Cattle A third kind of this pasture or common feeding is in the Lords own woods that lie common to the Tenants as also common Moores or heathes that were neuer arable In all the former cōmons of pasture there should bee a certaine stint and allotment both to the Lord and his Tenants but in this latter it seemeth that the Lord should not be limited because all these latter commons are supposed his owne and the Tenants haue no certaine parcell thereof layd to their holdings but only bit of mouth with their Cattle But the Tenants ought to bee stinted in all sorts of common lest as I sayd before the rich deuour the poore for the one can prouide sheepe and other Cattle for the summer and haue inclosed pasture for the winter or can sell againe when the forraine pasture is gone but the poore cannot doe so 11 Whether hath any man to your knowledges incroched any part of the Lords waste by inclosure or adding any part thereof to his owne land present who hath so done where how much and how long it hath continued This kind of incrochment is not rare especially where great wastes and mountanous grounds are where the Lord nor his officers walke not often and where Tenants for fauour or affection will wincke at euill doers or for their owne priuate lucre commit the same error themselues with hedges ditches pales walls shed is c. 12 Whether hath the Lord any Parke or demeisne wood which by stocking may turne to the Lords better benefite by pasture Arable or meddowe and what is an acre worth one with another the stocking and how many acres is the wood and what will an acre of the wood be woorth and what will an acre of land be worth by the yeere to be let when the ground is stocked