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	service_n	tenant_n	4,774	5	10.0738	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60898	A treatise of the Roman ports and forts in Kent by William Somner ; publish'd by James Brome ... ; to which is prefixt, The life of Mr. Somner.	Somner, William, 1598-1669.; Kennett, White, 1660-1728.; Brome, James, d. 1715.	1693 (1693)	Wing S4669; ESTC R19864	117,182	264

the place is I confess so weighty that I shall not be unwilling to excuse him from refusing me his company in my travails to that double place in Sussex to seek out this Fort. No more then of the place Somewhat now of the name Anderida which still in good part survives in Andred did at least for and through many Centuries of years after the Romans exit The Britains called it C●id Andred the Saxons sometimes simply Andred other while Andreds●erg and Andredswald which latter is now the only syllable left surviving in the place's present name the Weald In latine it is found of old sometimes called saltus Andred otherwise sylva Andred here saltus communis there sylva regalis and the like Mr. Lambard discoursing of the place tells of an opinion which some have maintained that this Weald was a great while together in a manner nothing else but a desert and waste wilderness not planted with Towns or peopled with men as the outsides of the shire were but stored and stuffed with herds of deer and droves of hoggs only And he seems to be of the same opinion himself For saith he besides that a man shall read in the Histories of Canterbury and Rochester sundry donations of which there is mention only of Pannage for hoggs in Andred and of no other thing I think verily that it cannot be shewed out of ancient Chronicles that there is remaining in the Weald of Kent or Sussex any one monument of great Antiquity Thus he For my part as I embrace the opinion so I approve of the reasons especially the former the mention only in those ancient donations of Pannage for hoggs in Andred For numbers of such are found in the evidences and Chartularies both at Christ-church and elsewhere Doubtless as in those days the whole Weald appertained to none but the King acknowledging no private Lord or Proprietor and thence was usually called Syla Regalis so in Royal Lan●bocs or donations for I find it in no other of that age wherein this or that praedium or possession this or that farm seat or mansion out of the Weald was given by the King to any person or place in the nature of what since is termed a Mannor or Lordship it was the usual custom for the better completing of the feat to accommodate it by an additional grant in the Deed with a Common of Pannage a liberty for hogg-keeping or hogg-feeding in the Weald yet not at large but with a limitation usually and with reference to such and such a part of it one or more Den or Dens in their term i. e. a woody valley or place yeilding both covert and feeding for cattel especially swine And fearce any ancient Grant is there in either the Church of Canterbury's St. Augustine's or Rochester's Registers of any considerable portion of land from the King out of the Weald without the addition and attendance of such a liberty for example in those of Aldington Charing Liminge Westgate Reculver Ickham Chartham Godmersham Brook Mersham Westwell Great and Little Chart Hollingbourn Eastry Newington by Sittingbourn Trottesclyve Bromley Darent And Denbera for the most part sometime Wealdbera was the usual word and expression by which such a liberty did pass and was conveyed For an instance or two In King Offa's Grant of Ickham to Christ-church Anno. 971. Et in saltu qui dicitur Andred pascua porcorum in his locis Dunwalingden Sandhyrst c. In another like Grant of his of Brasfield to St. Austin's Et ad pascendum porcos pecora jumenta in sylvâ Regali c. In the gift of Lenham to the same place by Kenewilf King of Mercia and Cuthred King of Kent Anno 804. ● XIII Denbe●enbe on Anoneb So the Saxon which the Chronicler of the place turns XIII Dennas glandes portantes In a grant of land about the river Limen to Minster-Abby in Thanet by Ethelbert the son of King Withred with his father's consent Pascua porcorum in Limen-weraweald in Wy-wera-weald c. These were parcels it seems like as Burg-weraweald elsewhere occurring also was of the Weald where the men of these three Laths since called Shipwey Scray and St. Austine were more peculiarly accommodated with the liberty of Pannage In the Grant of Mersham to Christ-church by King Ethelred haec sunt pascua porcorum quae nostrâ linguâ Saxonicâ Denbera nominamus h. e. Elfrethingden Herbedingden Pafringden Wirheringden Bleccingden c. In the Grant of Bromley by King Ethelred to the Church of Rochester utilitatem sylvarum ad ●andem terram pertinentem in Andred c. In that of Trottesclyve to the same Church by King Offa Ad hanc quoque terram pertinent in diversis locis porcorum pastus i. e. Wealdbera ubi dicitur Hobenspyc c. In another of his of Deorwent now called Darent to the same Church adjectis Denberis in communi saltu c. In an old custom of Newington-Mannor by Sittingbourn septem Dennas in sylva quae vocatur Wald. From hence I take it there results much support to that opinion of the Weald's quondam desart-like unpeopled condition quoted by Mr. Lambard and hence I likewise gather that in those days it was not parcelled carved or canton'd out into Mannois nor indeed was it so as I believe a long time after Doomsday-book I take it giving no account of any one entire independant Mannor there Yet can I not agree with Mr. Lambard in his opinion that the Weald of old yielded no quit-rents customs or services as other places in regard I find the contrary very often And no marvel for albeit there were of old no Mannors in the Weald yet the lands lying there when once cultivated and manured being appendant to and depending on Mannors elsewhere the Tenants in respect of and proportion to their holdings and tenancies might be and were lyable to the Lord of the Mannor whereof they held for services and customs as other Tenants elsewhere For besides fealty suit of Court reliefs c. these among other local customs and services heretofore obtaining there do frequently occur Gavelswine which was a custom so called when pay'd in kind but if redeemed with money then called swine-mony swine-peny and was for the Lord's leave and sufferance of his Tenant to keep and feed swine of his own or to take in other men's to feed within his land Scot-ale which was a shot or contribution from the Tenants for a provision of Ale to entertain the Lord or his Bayliff or Beadle holding a Parock or meeting on the place to take an account of his Pannage what it yeilded at the proper season for it In the extent of the Mannor of Terring in Sussex Anno 5. Edw. the first under the title of Lewes Memor quod praedicti tenentes debent de consuetudine inter ●os facere Scotalium de 16d ob ita quod de singulis 6d detur

Antiquary Mr. Robert Talbot had a great genius and an equal diligence to gather and preserve the fragments of time but designing Annotations on the Itinerary of Antonine and a Collection of ancient Charters c. he died with his thoughts and his papers in confusion With what tedious application and gradual advances did the great Camden conceive and nourish his fam'd Britannia Had his life and strength endur'd no doubt he had still been altering and augmenting the glorious work But he fell and left unfinisht this and some other of his own and the world 's disappointed hopes Mr. Roger Dodsworth fill'd above sixty Volumes with the most elaborate collections but was still hunting for more without the content of disposing what he had And therefore excepting the Charters inserted in the two Volumes of Monasticon which cost him little other pains than finding and remitting to the press he left nothing but infinite materials for those who would apply them better Sir Simonds D'ewes a great valuer of History and Coins had laid a scheme for the Antiquities and state of Britain wherein he pretends he would discover errors in every page of Camden but by death he fell from his great and vain attempt Mr. T. Allen Mr. B. Twine Mr. W. Fulman and many other Antiquaries of this place had the same ambition to collect and the same misfortune never to methodize or publish But beside these instances of general designs the particular efforts on a History of single Counties like Mr. Somner's on Kent have dropt into the graves of their intended Authors Mr. Thomas Risdon drew up a Survey or Chorographical description of Devonshire but had not time to make the Edition of it Sir Simonds D'ewes attempted the Topography of Suffolk Sir Edward Byshe promis'd the Antiquities of the County of Surry Sir Matthew Hale made great collections relating to the County of Glocester but would not frame them into any disposition for the press Captain Silas Taylor spent some years in picking up various remarks on the County of Hereford but cast them into no just discourse Mr. Sampson Erdeswick wrote a short view of Staffordshire containing the Antiquities of the said County but could carry it no farther than MS. notes And Mr. Randal Catheral got voluminous collections that respected this County of Oxford but never could cast them into a regular History and took so little care to reposite his MSS. that to all my enquiries they are now lost Not to mention the reported designs of later men Dr. Nat. Iohnston on the west-riding of Yorkshire Iohn Aubrey Esq on Wiltshire Walter Chetwind Esq on Staffordshire to whose labours if still depending I wish resolution and success Forgive me this digression and think it less impertinent because it serves to justifie the memory of our Author when so many others have fallen short of the like intentions and the nature of such attempts is more apt to absorb and discourage the aggressors In the mean time we should better accept and esteem this remnant that is sav'd of the Antiquities of Kent and hang up the little plank as more sacred than the whole ship But it is a more just Apology for Mr. Somner that he did not devote his whole time to this ineffectual labour but was all along employ'd in some other duties to the public He found it necessary not only to know the places and persons but the customs and tenures of his Country of which none so eminent and so peculiar as that of Gavelkind This the Lawyers inform'd him to be the local custom of Kent whereby if the Antecessor died intestate all the Heirs male did equally share in the inheritance of lands which had not been held in capite nor disgavelld by special Act of Parliament But this account would not satisfie so inquisitive a mind as that of Mr. Somner for his aim was always to understand properties and nature more than names according to that end propounded by himself in all his researches which was to know things not so much in their present as primitive state more in their causes than effects And to this enquiry he was the more induc'd that he might satisfie his Countrymen and gain excuse for delay of his County-undertaking For the more easie purohasing whereof that they and others might perceive he had not been altogether idle he pitch'd in his thoughts upon the Kentish custom of Gavelkind and to some more than vulgar discourse thereof as a specimen and earnest of his farther intentions for the County This discourse he divided into five heads 1. The true Etymologis and derivation of the name where he refutes the continued fancy of Lambard Coke Camden Verstegan Cowell Spelman Dodderidge and many other Lawyers and Antiquaries who would derive it from the Saxon gipe●eal cyn give to all kindred or to all alike Whereas he proves the name is by no means borrowed from the partible nature of the land but from gapol or gavel a tribute or customary rent and gecynoe nature sort or kind implying it to be land not held in fee as Knights service but chargeable with such rents as made it socage tenure 2. He enquires into the nature of gavelkind-Gavelkind-land in point of partition and proves it was neither from the name nor bare nature of the land but partly from the nature of the land and partly from a general custom extended thro the whole County in such censual land 3. He searches into the Antiquity of Gavelkind-custom in point especially of partition and why more general in Kent than elsewhere 4. Whether Gavelkind be properly a tenure or custom where he treats with incomparable learning of all feudatory right and all menial service 5. Whether before the statute of Wills 32 34 Henry 8. Gavelkind-land in Kent were devisable or not which he resolves in the negative and answers all arguments of those who hold the contrary All these points are discust with that variety of knowledge and that ingenuity of spirit as will make the Author and the book valued while learning and Law are valued At the end is an Appendix of such Muniments Charters and other Escripts as were quoted in the precedent discourse This subject led him thro a long course of Common Law and thro the sense of very many Statutes for which he was afraid he might be thought too bold with the men of that robe too much medling with matters of their peculiar science but hopes they would excuse him being one that honour'd their profession and had an intent only in his way to do them service and their profession right by holding forth to public view some Antiquities tending at once to the satisfaction of the one and illustration of the other What esteem this treatise bears among men of that honourable facultie I might suggest by this familiar hint I sought in vain for the book among many Libraries till it was lent me by a worthy friend

of that Western part of the Marsh at this day called Walland-marsh lying west-ward of Romney-channel the Eastern part or that on the other part of the channel called Romney-marsh and no more being formerly provided for by the Ordinance of Henry of Bath and his associates Nicholas of Handly and Alured of Dew in the 24th year of Henry the third we have that part of the Ordinance ushered in with this Preamble Et quia c. i. e. And because before that time in this Marsh of Romenal beyond the course of the water of that Port running from the Snergate towards Romenhal on the west-part of the same Port as far as to the County of Sussex there had not been any certain law of the Marsh ordained nor used otherwise than at the will of those who had lands in the same c. Not I say to insist on this because it brings the water-course but from Snergate not from Appledore let us now in the third and last place having brought the Channel to Romney shew if we can when it forsook it when and how it came to be diverted and whither which is the third Proposition For forsaken it hath insomuch as there is neither Haven Harbour or Channel neither in-let nor out-let near it but left quite dry it is and destitute both of salt and fresh water And indeed so long it hath been thus that without some difficulty the certain time is not retrievable nor may we think it came to pass all at once but at times and by degrees which we shall track and trace out as well as we can Gaufridus the Prior of Christ-church Canterb. in Henry the first 's time with his Covent made and passed many grants of Land at Appledore in Gavelkind with this covenant and tye upon the Tenants Et debent wallas custodire defendere contra friscam salsam quoties opus fuerit eas reparare firmas facere secundum legem consuetudinem marisci c. setting them but at small rents in respect hereof But I shall not insist on this and many such like any further than to note that the sea did much infest and endanger those parts with its aestuations and irruptions in those days Witness this demand in our Accompt-Roll of the Arch-bishop's Mannor of Aldington about the year 1236. In expensâ Iohannis de Watton Persona de Aldington per tres dies apud Rumenal Winchelse Apelder una cum seneschallo ad vidend salvationem patriae marisci contra inundationem maris 41s 4d This inundation was the same I take it with that mentioned of both the Matthews Paris and Westminster in that year The same Matthew Paris relating the hideous uncouth violent rage and aestuation of the sea in the year 1250. and the inundations consequent reports thus Apud Winchelsey c. At Winchelsey above 300. houses with some Churches by the seas violence were overturned In an ancient French Chronicle sometime belonging to the Church of Canterbury and written by a Monk of the place in Edw. 2d's days which I light on in Sir Simon Dews his Library I read thus And the same year 1286 on the second of the nones of February the sea in the Isle of Thanet rose or swelled so high and in the marsh of Romenal that it brake all the walls and drowned all the grounds so that from the great wall of Appledore as far as Winchelsey towards the South and the West all the land lay under water lost Mr. Camden I suppose intends the same inundation when he saith that in the reign of Edw. 1. the sea raging with the violence of winds overflowed this tract and made pitiful waste of people cattel and of houses in every place as having quite drowned Promhill a pretty Town well frequented and that it also made the Rother forsake his old Channel which here beforetime emptied himself into the sea and stopped his mouth opening a new and nearer way for him to pass into the sea by Rhie Hence followed that Ordinance of Iohn of Lovetot and his associates the very next year 16. Edw. 1. whereof before by the King 's writ to whom sent and premised they are assigned ad supervidendum Wallas c. i. e. to view the walls and ditches upon the sea-coasts and places adjacent within the County of Kent in divers places then broken through by the violence of the sea c. To proceed Mr. Lambard tells us of a strange tempest that threw down many steeples and trees and above 300 mills and housings there in the 8th year of Edw. 3d. about the year of Christ 1334. Now lay to all these what occurs in a Grant or Letters Patents from K. Edw. 3d. in the 11th year of his reign passing over to the then Arch-bishop the Prior and Covent of Christ-church and Margaret de Basings an old trench lying betwixt Appledore and Romney with licence at their pleasure to obstruct dam and stop it up as by reason of the sands and other imbelched obstructive matter made and become useless and unserviceable and so having then continued for 30 years past and upwards lay all this I say together and then it will be credible enough that the old trench was lost and disused upon that inundation about the year 1287. and the new one made and begotten by that other about the year 1334. being the same that is mentioned in the same Ordinance of Io. de Lovetot and his Associates Before we proceed take here the Grant it self in it's own words as I met with it in the Archives of that Church of Canterbury and thus there intituled Licentiâ Dni Regis super quadam antiquâ trencheâ apud Apulder habenda Dno Archiepiscopo Priori Conventui Ecclesiae Christi Cantuar. ac Dnae Margaretae de Passele prout eisdem melius visum fuerit esse expediens Anno regni ejus 11. Edwardus Dei gratiâ c. Here we find that by the seas impetuosity and rage the old ●rench was lost and a new one made and succeeded in the room both the old when in being and the new afterwards from Appledore to Romney the time we have also both of the one and the other's beginning And now as on the one hand some violent irruptions of the sea by the parts of Rye and Winchelsea had made way for the Rother's mingling her waters with that aestuary and the breaking off it's wonted course by Appledore and Romney so the in-let creek or haven at Romney wanting the river's wonted help to scour and keep it open what with that and the working of the sea still casting up and closing it with sands and beach became in time obstructed and for many ages hath been so quite dammed up that the sea now lyes off at a great distance and remoteness from the Town And thus far of those three Propositions To return now to our Port Lemanis whereof I have not more to