Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	fee_n	simple_a	tail_n	1,656	5	9.7489	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

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

is fit but for their euidences as their copyes and leases the Lord hath the Court-rolls of the one and counterpanes of the other and for f●ée holders déeds their Land is their owne and whether they may be compelled to shew them or not I can not tell Sur. These are ●●iuolous doubt● that some haue formerly made but they haue bin answered to their cost for the law compelleth them all For admit the Lord of the Mannor haue the rolls wherein the copyes are recorded may not copyes be abused after their entryes or counterfetted in some things preiudiciall to the Lord as may also the Lease as hath been found oftentimes names and liues of men parcels of Lands dates of yeeres and such like ●azed inserted or altred And is it not fit therefore that they be seene entred together that without search of so many court rolls the Lord may be satisfyed the Tenants iustified And what preiudiceth it the Tenant to haue his euidences truly recorded if he meane plainely be it copy lease or free deede he will thinke it a confirmation of his estate what casualty soeuer come to the same he may be the better assured that such a record will witnes with him whereas if none such appeare his intrest will be the more suspicious and therefore such as are wise and discreet will not only consent to this good course but be thankefull vnto the Surueyor as behooueth If it be iust and right that the Lord should know his owne who should manifest it but the Tenant himselfe and how should hee doe it but by his euidence And most vniust it is in that Tenant that by any wilfull or sinister meanes or couert practice doth either detract his fellow Tenants from the seruice or concealeth any thing that may further the same Farm This I can not deny although indéede some ●oly fellowes will 〈…〉 doubt héerein but I sée it is to good purpose and for our better security to do all things requisite in this businesse and that all the Tenants within the Mannor should conioyne in 〈◊〉 and euery one for himselfe and all for one and one for all should séeke examine and declare the vttermost truth of euerything towards the exact performance of this seruice and that the Surueyor should know the quantities qualities and indifferent pain●●● of euery mans Tenement and Lands their rents seruices customes wor●s and whatsoeuer the Tenant is in lawe or conscience bound to yéeld or performe to his Lord and indéed thus 〈◊〉 haue I heard giuen in charge at a Court of Suruey with many other articles which are now out of my mind● all which may be done by Tenants with a good conscience both by relation in Courts and in the perambulation but the concealing of these can not stand with an honest mind for these things of themselues can not preiudice the Tenants but the misconceiuing misen●ring by the Surueyor may be erroneous and the ouer-racking vrging and ouerburdening the Tenants by the Lord may be extortious These things may fall out by meanes of an vniust and vnskilfull Surueyor and a couetous Landlord And the feare of this maketh the Tenants to exte●●ate the values and to smother the truth of things to their soules danger therefore happy are those Tenants that haue a gracious Lord and an honest Surueyor for then there can not be but an equall and vpright course held betweene them then can not the Tenants but be faithfull and louing to their Lords and their Lords fauorable to them so should the Tenants be defended by their Lords and the Lords fortified by his Tenant● which were the two principall causes of the originall foundation of Mannors as I haue heard Sur. You say rightly and I am glad to heare you conceiue so well of this apparant necessity for so may I say that it is of necessity that the Lord should know the full and absolute estate of his Mannor and of euery particular thereof for howsoeuer of late dayes Tenants stand in higher conceits of their freedome then in former times if they looke a little back into antiquity they shall see that Tenants for the most part of euery Mannor in England haue ben more seruice vnto theyr Lords and in greater bondage then now they are whom the fauorable hand of time hath much infranchised and it can not be altogether euery where forgotten because they may see as in a glasse the picture of theyr seruitude in many auncient custome rolls and in the copyes of theyr owne auncesters and many seruile works haue been due and done by them and in many places yet are though the most are now turned into money but neyther theyr infranchisements nor the conuersion of works into rents doe so farre free them but that they still owe seruices vnto their Lords in respect of their tenures as well freeholders as customary Tenants as both in most of their copyes and deeds is expressed by these words Pro●editu seruitiis vnde prius debit de iure consuet which proueth their tenures in a sort to be conditionall which condition if it be wilfully broken by the obstinate carriage of any such Tenant he indangereth his estate Lord. It were hard if for not doing some small seruice vnto his Lord a man should forfeit his liuing Sur. And it were very foolishnes in a Tenant for wilfull refusall thereof to indanger the ●ame for if the Lord be in lawe tyed to mayntayne the right of his Tenant and to defend him against any other that shall pretend a false title vnto his Land the Tenant is againe bound to performe all such seruices and to pay all such dutyes as of right he ought And it is expedient that the Lord should see these dutyes continued and it hath been and is dayly obserued that the neglect thereof extinguisheth the remembrance of them and so the Lord loseth his inheritance for euery seruice of the Tenant is parcell of the same and the remisnes of looking into these tenures hath brought it to passe that infinite within this kingdome that hold in fee quillets of Land and some Manno●s know not how or of whom they hold so that hereby Lords of Mannors of whom these quillets were heretofore knowne to hold haue lost their tenures and seruices and such as hold the Land by vnknowne tenures are cast into the danger to hold to their and their posterities further hurt Farm If Tenants will be wilfully obstinate and refuse to do and continue their vttermost seruices vnto their Lords as bound by their tenures béeing as you say parcell of the Lords inheritance they are worthy to be attached of disobedience and to pay for their contempts and if Lords will bée so negligent as they will not looke vnto their owne they are worthy to lose their right and therefore I hold it discretion in the one to do his duty and prouidence in the other to continue what is due

conuent but what say you to the Rents of Assize What meane you by Assize Sur. Truly for my part I take it to signifie set in certainty for these kind of rents are as in the beginning neither risen nor falne but doe continue alwayes one and the same and only they and none else can be properly called rents of Assize Lord. I thinke you take it rightly and are all rents of one kind Sur. No there are properly three kinds as rent seruice Rent seck and Rent charge Lord. These termes are strange to me though I be Lord of many Mannors and no doubt I receiue rentes of euery of these kindes but how to distinguish them I can not tell And whether I haue bin abused by mine Officers or no I know not for they neuer told me of these many kindes of rentes and therfore let me intreat you for my satisfaction a little to explaine their seuerall natures Sur. These Seuerall rentes are paide vpon seuerall considerations and haue seuerall grounds and commencementes and are diuersly to be leuied and recouered if they bee denied That which is called Rent seruice is so called because it is knit to the tenure and is as it were a Seruice whereby a man holdeth his Landes or Tenements As where the Tenant holdeth his Lands by Fealty and certaine rent or by Homage fealty and certaine rent or by any other seruice and certaine rent the rent is called Rent seruice for as the Seruice followeth a Tenure so the Rent followeth the seruice And if this rent bee behind the Lord of Common right may enter and distrayne for it The Rent charge is so called because when a man graunteth any Land whether it bee in fee-simple ●ee tayle for life for yeares or at will and in his deede reserueth a rent with clause of distresse for non payment by vertue of this clause the Land is charged with payment of the rent by expresse wordes and by force of it the Lord may distraine for his rent behind Lord. This kind of rent is at this day I thinke most common for fewe will graunt Land but they will make such prouision that the Land shall stand charged with the rent Sur. It is true for at this day there can be no rent seruice raysed because it cannot bee without a tenure which can not be at this day created Lord. What is that you call Rent seek Sur. It is a bare rent reserued vpon a graunt wherein there is no mention made of charging the Land by distresse and it signifieth redditum siccum a dry rent for the recouery whereof the Land is not charged Lord. Few such rents are now adayes for a man had n●ede to make all the prouision he can to secure his rent and yet he may be driuen to try his vttermost meanes to recouer it But you haue satisfied me also touching these rents now let me intreate you to shew something of o●●er things incident vnto a Mannor by which the Lord receiueth profit or prerogatiue Sur. Profits may rise by infinite meanes and wayes out of a Mannor to the Lord but all Mannors yeeld not profits or commodities alike neither in nature or value Lord. I thinke indéede all Mannors are not alike profitable to the Lord neither hath euery Mannor like meanes yet I desire to know for my experience sake what may grow out of a Mannor that I may the better looke into the natures qualities of such as are vnder my power and comm●●nd Sur. If you haue a Mannor or Mannors there is as I sayd before a Court Baron at the least incident thereunto and to some a Lee●e or Law-day which is called the view of franck pledge by which Courts do grow many and diuers perquisites and casualtyes as fines of land Amerceaments heriots rehefes wayues estrayes forfeitures escheates profits growing by pleas in Court and such like Lord. You may doe well to shew mée though briefly what euery of these former things doe properly import for to tell me the names and not the natures of the things is as if I should know there is a Sunne but whether he giue light and heate to be ignorant Therefore before you passe further in any discourse shew me how fines of Land doe arise vnto the Lord and what amerceaments are and the rest Sur. Fines of Land are of sundry kindes and yet properly and most especially they arise of copyhold or customary Lands and Tenements which are in diuers Mannors of diuers kinds for there are customary Lands which are called copyhold of inheritance and they are such as a man holdeth to him and his heires according to the custome of the Mannor at the will of the Lord. When such a Tenant dyeth and the heire commeth to be admitted if the custome of the Mannor beare a fine certaine he giueth but the accustomed fine If it be vncertayne and arbitrable he agreeth and compoundeth with the Lord or Surueyor or Steward for the fine Some hold Customary Land for liues as for one two or three liues whereof the fine is alwayes at the Lords will as is also the fine for yeeres There are also fines for licences of Surrenders of Customary Land and for alienation also of free-hold Land and these are called Fines which signifieth as much as a finall composition and when the fine which is the end of the contract is answered all but the yeerely rent during the terme agreed vpon is payd These and such like summes of money raysed a● a Court●ar●● are parcell of the pe●quisites of the Court as are all amerceaments which are summes of money imposed vpon the Tenants by the Steward Surueyor by oth and presentment of the homage for default of doing sute or for other misdemeanours punishable by the same Court infinite in number and quality Lord Whence taketh the word Amerceament name Sur. Of being in the Lords mercy to be punished more or lesse crumenally at the Lords pleasure and will It is no doubt a borrowed word as many other words vsed in our common lawes are for hee that is amerced is sayd to be in misericordia that is in the mercy of some body Lord. These wordes may be vnderstood by vse and by the manner of the vse of things but he that should seeke the etimon among the Latines of the substantine Amerc●●mentum and the adiectiue Amerciatus might seeke long be neuer the n●ere But I perceiue we must take it as our ●athers first framed it and left it I vnderstand what it meaneth in our common sence and that sufficeth Sur. Other words not a fewe in like sort to bee vnderstood we find in vse amongst vs which doubtles the Romans neuer knew and yet they that haue to do with the things wherein they are vsed vnderstand the meaning although their deriuations be strange as amōgst others it is questionable whence the name of a heriot may be deriued Lord. That would I be