Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	manor_n	tenure_n	1,341	5	12.5333	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01017	Feudigraphia The synopsis or epitome of surueying methodized. Anatomizing the whole corps of the facultie; viz. The materiall, mathematicall, mechanicall and legall parts, intimating all the incidents to fees and possessions, and whatsoeuer may be comprized vnder their matter, forme, proprietie, and valuation. Very pertinent to be perused of all those, whom the right, reuenewe, estimation, farming, occupation, manurance, subduing, preparing and imploying of arable, medow, pasture, and all other plots doe concerne. And no lesse remarkable for all vnder-takers in the plantation of Ireland or Virginia ... Composed in a compendious digest by W. Folkingham. G.	Folkingham, W. (William)	1610 (1610)	STC 11123; ESTC S102453	47,378	98

or Termer Tenant in the first signification sometimes imports duety of Tenurage as Tenant by Knight-seruice Socage Tenant in Villenage Burgage Frank-Fée Tenens per Catapultam tenens Nativus Sometimes it intimates his Euidence as Tenant by Charter Copie of Court-Roll Verge Somtimes it implies the extent of his estate of right as Tenant in Fée-simple Fée-taile at will of the Lord according to the custome of the Manour or by common Lawe Sometimes it beares relation to the L. of the Fée as Tenant in chiefe very Tenant viz. holding immediatly of his L. Mesn Tenant Parauaile viz. the lowest Tenants most remote from the L. Paramount There is also ioint-tenant sole-tenant tenant in Common Tenant signifying the Termer is diuersified according to the exigence of the efficient causes of Possessions as Tenant in Dowre by Courtesie by Will Lease Copie Extent Elegit Execution Statute Merchant or of the Staple c. And thus much for the Title CHAP. III. DIscent is the deuolution of Possessions deriued to the Heire apparant from his Auncestrie by vnauoidable Right and Succession And this Discent is either of Bloud or of Inheritance Discent of Bloud is either Lineal or Collaterall Lyneal Discent is conueyed downe in a right line from Grand-father Father Sonne Nephew c. And here is produced an Heire Generall Collateral Discent springs foorth of the side of the whole Blood or Kinne as Grand-fathers brother Fathers brother c. And in this case the Heire is saide to be Speciall This Discent of Blood is retriued by deriuage of Pedegrées from Auncestrie by inherent Birth-right and lawfull succession Discent of Inheritance is deduced by deriuing Sequences of Déedes from the Crowne or from him that had Nouell Fée And both these are very requisite to be intimated for the manifestation of the Validities of Estates whether the right dimaine from Heritage or forraigne acquisition And hitherto of the Possident It followes to entreat of the Possessions CHAP. IIII. IN the Possession the Nature and Tenure require to be iudiciously discussed and recorded For the Nature 't is expedient to notifie the Eminence thereof whether Grande as Honours Courts Castels Manours Seignories Forrests Chases Parks Demesnes Or Petty as Graunges Farmes Tenements Messuages Cotages Curtilages Lofts Crofts Commons In both these kinds diligent and particular enquirie must be had of their Incidents by Royalties Prerogatiues Iurisdictions Franchises Priuiledges Liberties Rights c. conferred vpon them by Act of Parliament Statute Charter letters Patents Graunts or acquired and confirmed by custome or prescription Hence comes the Lordship Marcher or Royall vsing iura Regalia Vide Stowe 176. And Forrests haue their Courts of Attachment Swanimote Eyre or Iustice Seate So Markets Faires Court of Pie-Powders for Faires Court-Léete Law-day or View of Franck Pledge Court Baron Also Wrecks Swannage Warrenage Commonage Piseage c. Immunities and Exemptions from Theolonie Pontage Picage Murage Pannage Passage Tranage Lastage Chiminage Stallage Caiage c. of all which Tenentes Honoris Dominij de Richemonde per consu etudinem Angliae sunt quieti per totum Regnum so other Honours haue their Priuiledges as Ampthil Tickhil Follingham c. The Tenants of Manours holding fréely by Charter in ancient Demeisne cannot be impleaded nor empanelled vpon Enquests out of the same Manour and they are Toll-frée for all things concerning their sustenance and husbandrie and exempt from contribution towards the expenses of Knights of the Parliament or Shiere Vid. Fitzh Na. br 14. 128. Infeoffing with Toll implies Fréedome from Custome c. With Caruage from taxation by Carues With Bruckboote from repairing and reedifying of Bridges with Burghboote from the like for Castels Foote-geld implies a Priuiledge to kéepe Dogges within the Forrest not expeditated or lawed sans controule Horne-geld fréedome from taxe for Horne-beasts there Waiues Weifes or waiued goods import all goods and chattels which being stolne are left or forsaken by the thiefe in his fugacie Infangthef enables the L. of the Manour to iudge of Felons enhabiting within the Fée And Vtfangthef to iudge or at least to execute iudgement of Felons apprehended within the Fée For Accrewments to the L. of the Manour by Felons not onely their goods both Reall and Personal are forfaited but also their lands not entailed escheat to the Lord Post annum diem vastum except in Gloucestershiere where the lands reuert to the right heire after the Kings yéere and day Also in the Tenure of Gauelkinde in Kent where the father to the Bough the sonne to the Plough Baronies infeoffed with Theame alias Them haue power to dispose of Villaines their Children goods and Chattels Abishersing alias Mishersing implies both forfaitures and Amerciaments of all transgressions within the Fée and also the immunity from like penalties Blood-wit confers all Amerciaments of Courts for effusion of blood Estouers granted out of Woods or Forrests include House-boote Hay-boote and Plow-boote CAP. V. OF the Nature of Possessions I haue spoken somewhat The Tenure of Lands and Tenements is the manner whereby they are helde of their Lords Grande Cust Cap. 28. In euery Tenure the Confinage Condition therof are remarkable The Confinage shewes to what Lord Honour Castell Manour c. the Seruice and Suitage whereunto the Lands and Tenements are lyable is due The condition intimates the Nature of the seruice or duty which the Tenant by reason of his Fée oweth vnto the Lord. This Seruice is by Hotoman defined to be Munus obsequij clientelaris and this must be of ancient Commencement and continuance sith it is not now erigible or to be created but by the Kings prerogatiue as parcel of a Manour though it may by contract be established in a kinde of Seignorie in Grosse For a Manour is a Seignorie or Dominium consisting of Demesnes and Seruices of long continuance and these may be comprehended vnder parts Essentiall and Accidentall Here note if the Lord so dismember his Manour as that hee leaues not Frée-holders or if all the Frée-holders saue one doe escheate then is hee disabled to kéepe a Court Baron for want of Suitors Land may holde of a Manour by certaine Seruices which may be Parcel of the Manour and the land Non-Parcel but by Escheat the Seruice is extinguisht and the land comes in place and becomes Parcell in due consolidation But forraigne land cannot be vnited to a Manour yet may a Manour be deuided into diuers by Partition of Coparceners Nor can two distinct Manours by practise be made one in perfect Vnion howsoeuer such an innouation continued without contradiction may in processe of time become to be reputed one in name and vse there being no Record extant to the contrarie Yet one Manour holding of an other may by Escheat be annexed to the same and so be consolidated and become one in vse But to returne Demesnes are all such lands

as haue béene time out of minde helde in occupation and manurance together with the Site of the Mansion or Manour House called in some places Berries Halls Manour places Courts and Court-houses for maintenance of the Lords house These Demesnes were called of the Saxons who had the substance though not the name of Manours Inlandt and by Bracton lib. 4. Bord-lands and the Seruices Vtlandt in opposition though it may in some sort be restrained to comprehend onely Lands Tenements and Hereditaments yéelding Rents of Assize viz. originall and set in certainty as for Frée-hold Copie-hold or Customarie land all which are Parcel in Seruice For the Diuision of Seruices they may be all comprehended vnder Chiualrie and Soccage Chiualrie or Seruitium Militare is a Tenure or Seruice obliging the Feudatarie personally to performe vnto his Lord some honorable or Martiall office And this confers to the Lord the Heire being in Non-age at the Fathers death the Reall Seruices of Wardship Marriage and Reliefe in lieu of the Personal Seruice which the Heire in regard of minority is not able to execute Chiualry or Knight-seruice is deuided into Regall and Common Regall Chiualrie is solely confineable to the King and is properly called Sergeantie And this holdes either méerely and immediately of the King as of his Crowne which is a Corporation and Seignorie in Grosse and is then further called Tenure in Capite or Chiefe Or mediately of the King by reason of some Honour Manour Castel Fitzh Kitch Sergeantie Sergeantia or Seriantia is either Grande or Petit. Grande Sergeantie is where Lands are helde of the King by some noble Seruice performeable by the Tenant personally Petit Sergeantie is where Lands are held of the King to yéeld him annually some small military furniture towards his warres Common Chiualrie is that Seruice which may indifferently be confined to the Prince or to a common person and is called Escuage viz. Shield-seruice which is either Vncertaine or Certaine Escuage vncertaine is of two sorts First where the Tennant is Tenure-bound at his owne cost and charges to follow his Lord in the Kings warres or to send a sufficient man in his steade there to continue according to the proportion of his Fée viz. after the rate of 40. daies for a Knights Fée Secondly where he is bound by himselfe or his Deputy to defend a Castell so oft as it shall come to his course or turne and is called in this case Castel-warde Ma. Cha. 20. Escuage Certaine is where the Tenant is set at a certain pecuniarie charge viz. 20 shillings for a Knights Fée in lieu of such vncertaine Seruices as aforesaide And this léeseth the nature of Knight-seruice and is in effect Socage though not méerely because it smels not of the Plowe though it still retaine the name of Escuage Na. Br. 84. Litl CHAP. VI. SOccage Soccagium is a Tenure of Lands obliging the Feudatary to the performance of certaine inferiour and husbandly seruices vnto the Lord of the Fée sans Wardship mariage Reliefe Soccage is also capable of the distinction of Chiefe and Common Soccage in Chiefe or Capite is that which holdes immediatly of the King as of his Crowne Praerog 41. Common Soccage is that which holdes of the King or some other Capitall Lord by meanes of some Manour Ibidem Soccage is either Franck liberum or Base Villanum Franke Soccage is where in lieu of seruice in kinde asumme of money is paid to the Lord. Base Soccage is a Seruile kinde of Tenure and is deuided into Villanum Soccagium and Purum Villenagium The first is where a determinat Seruice is performable by reason of the Tenement and not of the person of the Tenant The other is where the Feudatarie is lyable to vncertaine and indeterminat Seruice at the absolute and instant will and demaund of the Lord. Bracton Na. Br. 94. Yet may a man sans impeach of fréedome in regard of his person hold in Pure Villenage Nor is liberum tenementum impeached to him that holdes it in Villano Soccagio if it be to him and to his heires Bracton There be other branches of Soccage as Burgage Frank-Almoine And Copy-hold saith Kitchin 80 is a base Tenure and was originally called Villenage Fitz. 12. But to retaine the moderne appellation some of this is Méere Copy-hold and escheats forthwith to the Lord by Felony Kitch 81. And some is of more eminence and held by Verge in auncient Demeisne according to the Custome of the Manor being in effect a kinde of Frée-hold though reputed Copy and yéelds to the King Annum diem Vastum vpon Felony Some Copy-holds are fineable at the Lords will and some only are lyable to a certain rate and this is a kind of inheritance called Customary not simply at the will of the Lord. But there is a kinde of Customary Land of the Ancient Dutchy of Cornewall and other places where the Tenants haue no Transcripts of the entries of their admittances And this was called Folke-land and the Tenants may be termed Tenants by Court-Roll according to the Custome of the Manour But where the Tenants are by reason of the Transcripts of admittances called Tenants by Copy of Court-Roll there the Land is Charter-land or Bockland Kitch 86.89 For the Definition of a Copy-holder reade West in his Symbol 1. parte 646. And for the various Customes of Copy-holders in seueral Manours 't is as néedlesse as endlesse to capitulate or enumerate them in this Tractate But both méere Copy-holde may be conuerted into Fée and likewise Fées changed from their first institution by feofment as out of Chiualry for certaine yéerely Rent into Fée-Farme sans further duty than is specially comprised in the Graunt except Fealty alone which by probability is still on foote because it is inseperably incident to all Tenures For whosoeuer is invested in Fée though in the fréest maner holdeth perfidem fiduciam that is by Fealty at least Smith Rep. Anglorum 3. And Dwarenus saith that Fidelitas est substantia Feudi Fée-Farme is a Fée and importeth a perpetuity to the Inuestée and his heires for an annuall Rent of the third or fourth part of the Value Fitzh 210. But if the Rent reserued be behinde and vnpaide for the space of two yéeres then may the Feoffour or his heires by Action recouer the Lands as their Demesnes Britton 66. And land thus held comes néere to the Nature of Ager vectigalis amongst the Ciuillians And hitherto of the Propriety of Possessions It remaines to intreate of their Valuations THE SYNOPSIS OR EPITOME OF SVRVEY METHODIZED SECTION IIII. How Possessions are to be valued by reason of their seuerall issues Rents Perquisites Priuiledges and other profits with

the diagonall line 4. Multiply the sides double by the Triple of the side So much for Figure or superficiall Content For Addition Subtraction Multiplication Diuision Reduction Rule of thrée c. in lines or Figures I wil referre them til the next impression which I intend shortly to publish with much inlargement to the more compleat investing of the Arte with due and appropriate Ornaments CHAP. IX THe Content Solid is of Timber Stone and other Bodies or Figurates whereof a touch in briefe Multiply the perpendicular in ⅓ of the Basall Area R. 27.71 Multiply the perpendicular in the Basall Area 27.6 1 Cube the crassitude Or multiply it in the Basal Area 3. Or the Axis in the squared diagonall line Or the superficies in ⅙ of the altitude 1 Multiply the diameters Cube by 11. diuide the product by 21. Ramus 26.5 2. Multiply the superficies in ⅙ of the diameter Lesse then ½ Subtract the altitude from the semidiameter multiply the Remainder by the Area of the circular base deduct the product from the semidiameter and conuexe sphericall superficies multiplyed together and diuide the remainder by 3. More then ½ subtract the semidiameter frō th'altitude multiply the remainder by the Area of the circular base add the product to the semidiameter and convexe Sphericall superficies multiplyed together and diuide the totall by 3. To retriue the mutuall proportion of Cubes or Gloabs Cube the seuerall Cubes sides or Gloabes diameters Multiply the Contents giuen by the Cube of the Figurate sought diuide the product by the Cube of the knowne Figurate And so much for Content Couchant Of Content Crescent in a woord CHAP. X. THe Crescent Content is of Increases renewing at seuerall seasons and thence the denominations of Aestiuall and Brumall are deriued The first is of Corne Hay Line Hempe Rapes Woade Fruite Sommer-Herbage c. The second is of Mastage Edge-grouth Winter-Herbage c. In these Contents and Increases it is remarkeable to Recorde their Productions both in kind and proportion as what and how much Grasse Graine and other Growthes are vsually reaped vpon an Acre how many Cattell such a Plot will Winter and Sommer féed or kéepe c. And this shall suffice for Proportion THE SYNOPSIS OR EPITOME OF SVRVEY METHODIZED SECTION III. Capitulating the Natures and Incidents to Possessions Tenures Landes Titles Fees Discents Tenants c. CHAP. I. HItherto of the Essentiall Parts the Accidentall Parts incident to Possessions are comprehended vnder Propriety and Valuation The Propriety of Possessions intimates their particular state and condition and may be deuided into Vocall and Euidential Vocall Propriety denotates the Properties of particulars by due Appellation which is either Nominate or Cognominate The first is deriued from the Kinde and Species of the Particulars and that either Generall as Vp-land and Maritime Woodland and Champion Molland and Fen-land Or Speciall as Wealdes Woulds Plaines Downes Vales Vallies Mountaines Fels Hilles Bogs Bathes Spawes Mosses Loughs Moores Fennes Woodes Copses Heathes Marshes Meddowes Pasture Arable The Second deduces deriuation from Forme Site Climate Obiect Season Person Action or other circumstance as Harpe-Close Mountacute Gilden-Vale Diffrin Cluyd Salisbury Plaine West-woodes Vale of Belvoir Lammas Pasture Bel-Acre Beaumeade Nightingale Lane Lough Erno So much for the Vocall Proprietie of Possessions CAHP. II. EVidentiall Proprietie decyphers the qualities and attributes coincident to the Possident and Possession and in the processe hereof the Legall part of Suruey is most eminent In the Possident or Feudatarie his Title and Discent must be intimated His Title respects either Dignitie of Birth or Calling Or Right of Possession Title of Dignitie as King Prince Duke Arch-Bishop Bishop Abbot Prior Marquesse Earle Vicount Baron Knight Esquire Gentleman Yeoman Artificer Labourer Right of Possession may be deuided into perpetuall and Terminall Perpetuall is either Allodium or Feudum Allodium is an entire propertie and perpetuall Right in Possessions without dependance and this is proper solely to the King in Right of his Crowne And all the Crowne land within this Realme in the daies of the Saxon King Edward the Confessor are called Auncient Demesne Kitch 98. Booke Tit. Demesne And these Landes in the generall Suruey called Doomes-day Booke made according to Geruasius Tilburensis and Ingulfus in the time of William the Conquerour remaining in the Exchequer are amongst others recorded vnder the Title of Terra Regis Fitzh inferres 13. and 14. Na. Br. that no landes are to be accounted Auncient Demaine but such as are held in Socage All other Landes within the Realme are called Frank-Fée Feudum Francum seu liberum which is defined to be a Tenure in Fée-simple of landes pleadable at the Common-law in opposition to the other whose tenents cannot be impleaded out of the L. Court Feudum is that which is held of a superiour by Seruice Rent or both Or Feudum or Fée is a Right consisting in the person of the true heire or of some other that by iust Title hath purchased or acquired the same vide Bracton And this is alwaies diriued either Immediately or Mediately from the Crowne The first is where the Fée resides stil in the first Feoffée The other is where the Kings Feudataries doe againe enfeoffée others The French terme the first of these Feifz and the other Arrierfiefz Feudum is either Fée-simple or Fée-taile Fée-simple is an absolute seisure to the Feudatarie and his heires for euer And though many Feudists doe holde that Feudatarius hath not an entire property in his Fée I may not conclude vpon Iacobutius his insinuated probabilities that these Fées or some of them were at their first creation temporary and not perpetuall and hereditary Tantum aevi longinqua valet solidare vetustas Fée-taile or Fée Expectant is a conditionall seizure to the Feudatary and his heires with limitation and is either Generall or Speciall General is where a man is seized of land to himselfe and the heires of his body for euer Speciall where the man and his wife are seized of lands to themselues and the heires of their two bodies The nature of this Fée is implyed by the signification of the word Talliatum which the Normans make Tailler and in Latine it is as much as Scindere so this Feodum or Ius Talliatum doth abscinde and cut-off the before-General successions restraining them to the particular Heires of Families yet the locall possessions are vsuall trans-ferred from one family to another but Dignities whether Datiue or Natiue are therewith neither conferred nor auferred Terminall Right is either an Estate for life as the Dowagers Grauntées for life c. Or for Yeares as by Lease Mortgage c. And in respect of these and other seueral Rights the Tenant is diuersly taken and vnderstood and implies aswell the Feudatary or Owner as the Farmor