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.

CAHP. II.

* 1.1EVidentiall Proprietie decyphers the qualities and attributes coincident to the Possident and Possessi∣on: and in the processe hereof the Legall part of Sur∣uey is most eminent.

* 1.2In the Possident or Feudatarie his Title and Dis∣cent must be intimated.

His Title respects either Dignitie of Birth or Cal∣ling; Or Right of Possession.

* 1.3Title of Dignitie; as King, Prince, Duke, Arch-Bi∣shop, Bishop, Abbot, Prior, Marquesse, Earle, Vicount, Baron, Knight, Esquire, Gentleman, Yeoman, Artifi∣cer, Labourer.

* 1.4Right of Possession may be deuided into perpetuall and Terminall.

Perpetuall is either Allodium or Feudum.

* 1.5Allodium 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 cal∣led Auncient Demesne. Kitch. 98. Booke Tit. De∣mesne.

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,* 1.6 are a∣mongst others) recorded vnder the Title of Terra Regis.

Fitzh. inferres (13. and 14. Na. Br.) that no landes are to be accounted Auncient Demaine,* 1.7 but such as are held in Socage.

All other Landes within the Realme are called Frank-Fée,* 1.8 (Feudum Francum seu liberum) which is de∣fined to be a Tenure in Fée-simple, of landes pleadable at the Common-law, in opposition to the other, whose te∣nents cannot be impleaded out of the L. Court.

Feudum is that which is held of a superiour by Ser∣uice, Rent or both:* 1.9 Or Feudum or Fée is a Right consi∣sting 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 y^e Fée resides stil in the first Feoffée.

The other is where the Kings Feudataries doe a∣gaine enfeoffée others.* 1.10 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.* 1.11

And though many Feudists doe holde that Feudatari∣us 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 crea∣tion temporary and not perpetuall and hereditary.

Tantum aevi longinqua valet solidare vetustas.

* 1.12Fée-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 significati∣on of the word Talliatum which the Normans make Tail∣ler, and in Latine it is as much as Scindere: so this Feo∣dum or Ius Talliatum doth abscinde and cut-off the be∣fore-General successions restraining them to the parti∣cular Heires of Families, yet the locall possessions are vsuall trans-ferred from one family to another, but Dignities whether Datiue or Natiue are therewith nei∣ther conferred nor auferred.

* 1.13Terminall Right is either an Estate for life, as the Dowagers, Grauntées for life; &c. Or for Yeares, as by Lease, Mortgage, &c.

* 1.14And 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 or Termer.

* 1.15Tenant in the first signification sometimes imports duety of Tenurage: as Tenant by Knight-seruice, So∣cage, Tenant in Villenage, Burgage, Frank-Fée, Te∣nens per Catapultam, tenens Nativus.

* 1.16Sometimes it intimates his Euidence: as Tenant by Charter, Copie of Court-Roll, Verge.

* 1.17Somtimes 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 imme∣diatly of his L. Mesn. Tenant Parauaile, viz. the lo∣west

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;* 1.18 as Tenant in Dowre, by Courtesie, by Will, Lease, Co∣pie, Extent, Elegit, Execution, Statute Merchant, or of the Staple, &c. And thus much for the Title.

Notes

• * 1.1

  Evidentiall. Proprietie.
• * 1.2

  Possident.
• * 1.3

  Dignitie.
• * 1.4

  Right.
• * 1.5

  Allodium
• * 1.6

  Terra Regis
• * 1.7

  Auncient. Demaine.
• * 1.8

  Frank. Free.
• * 1.9

  Feudum.
• * 1.10

  Feifz and Arrierfiefz.
• * 1.11

  Feodum simplex.
• * 1.12

  Feodum. Taliatum.
• * 1.13

  Terminable Right.
• * 1.14

  Tenant.
• * 1.15

  Dutie.
• * 1.16

  Euidence.
• * 1.17

  Limitation.
• * 1.18

  Termer.