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.

THE SYNOPSIS OR EPITOME OF SVR∣VEY METHODIZED. (Book 3)

SECTION .III. Capitulating the Natures and Incidents to Possessions, Tenures, Landes, Titles, Fees, Discents, Tenants, &c.

CHAP. I.

HItherto of the Essentiall Parts:* 1.1 the Accidentall Parts incident to Possessions are comprehended vnder Propriety and Valuati∣on.

The Propriety of Possessions intimates their particular state and condition,* 1.2 and may be deui∣ded into Vocall and Euidential.

Vocall Propriety denotates the Properties of par∣ticulars by due Appellation,* 1.3 which is either Nominate or Cognominate.

The first is deriued from the Kinde and Species of the Particulars, and that either Generall;* 1.4 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.

* 1.5The Second deduces deriuation from Forme, Site, Climate, Obiect, Season, Person, Action or other cir∣cumstance; 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.

* 1.6EVidentiall 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.

* 1.7In 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.

* 1.8Title of Dignitie; as King, Prince, Duke, Arch-Bi∣shop, Bishop, Abbot, Prior, Marquesse, Earle, Vicount, Baron, Knight, Esquire, Gentleman, Yeoman, Artifi∣cer, Labourer.

* 1.9Right of Possession may be deuided into perpetuall and Terminall.

Perpetuall is either Allodium or Feudum.

* 1.10Allodium 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,* 1.11 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,* 1.12 but such as are held in Socage.

All other Landes within the Realme are called Frank-Fée,* 1.13 (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:* 1.14 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.* 1.15 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.* 1.16

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.

* 1.17Fée-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.

* 1.18Terminall Right is either an Estate for life, as the Dowagers, Grauntées for life; &c. Or for Yeares, as by Lease, Mortgage, &c.

* 1.19And 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.

* 1.20Tenant 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.

* 1.21Sometimes it intimates his Euidence: as Tenant by Charter, Copie of Court-Roll, Verge.

* 1.22Somtimes 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;* 1.23 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.

CHAP. III.

DIscent is the deuolution of Possessions deriued to the Heire apparant from his Auncestrie,* 1.24 by vna∣uoidable Right and Succession.

And this Discent is either of Bloud or of Inheri∣tance.

Discent of Bloud is either Lineal or Collaterall.

Lyneal Discent is conueyed downe in a right line from Grand-father, Father, Sonne, Nephew,* 1.25 &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,* 1.26 Fa∣thers 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,* 1.27 by inherent Birth-right and lawfull succession.

Discent of Inheritance is deduced by deriuing Se∣quences of Déedes from the Crowne,* 1.28 or from him that had Nouell Fée. And both these are very requisite to be intimated for the manifestation of the Validities of E∣states, whether the right dimaine from Heritage or for∣raigne acquisition.

And hitherto of the Possident: It followes to entreat of the Possessions.

CHAP. IIII.

* 1.29IN the Possession the Nature and Tenure require to be iudiciously discussed and recorded.

* 1.30For the Nature 'tis expedient to notifie the Emi∣nence 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.

* 1.31In both these kinds diligent and particular enquirie must be had of their Incidents, by Royalties, Preroga∣tiues, Iurisdictions, Franchises, Priuiledges, Liber∣ties, Rights, &c. conferred vpon them by Act of Parli∣ament, Statute, Charter, letters Patents, Graunts, or acquired and confirmed by custome or prescription.

* 1.32Hence comes the Lordship Marcher or Royall vsing iura Regalia. Vide Stowe 176.

* 1.33And 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, Com∣monage, Piseage, &c.

* 1.34Immunities and Exemptions from Theolonie, Pontage, Picage, Murage, Pannage, Passage, Tran∣age, 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.

* 1.35The Tenants of Manours holding fréely by Char∣ter in ancient Demeisne cannot be impleaded, nor em∣panelled

vpon Enquests out of the same Manour, and they are Toll-frée for all things concerning their suste∣nance 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,* 1.36 implies Fréedome from Cu∣stome, &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 con∣troule.* 1.37

Horne-geld fréedome from taxe for Horne-beasts there.

Waiues, Weifes, or waiued goods,* 1.38 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,* 1.39 to iudge, or (at least) to execute iudgement of Felons ap∣prehended within the Fée.

For Accrewments to the L. of the Manour by Fe∣lons,* 1.40 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 Gloucester∣shiere where the lands reuert to the right heire after the Kings yéere and day. Also in the Tenure of Gauel∣kinde in Kent, where the father to the Bough, the sonne to the Plough.

Baronies infeoffed with Theame alias Them,* 1.41 haue power to dispose of Villaines their Children, goods, and Chattels.

Abishersing, alias Mishersing,* 1.42 implies both forfaitures and Amerciaments of all transgressions within the Fée, and also the immunity from like penalties.

* 1.43Blood-wit confers all Amerciaments of Courts for effusion of blood.

* 1.44Estouers granted out of Woods or Forrests, include House-boote, Hay-boote, and Plow-boote.

CAP. V.

* 1.45OF the Nature of Possessions I haue spoken some∣what: 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.

* 1.46The Confinage shewes to what Lord, Honour, Ca∣stell, Manour, &c. the Seruice and Suitage (whereunto the Lands and Tenements are lyable) is due.

* 1.47The condition intimates the Nature of the seruice or duty which the Tenant, by reason of his Fée, oweth vnto the Lord.

* 1.48This Seruice is by Hotoman defined to be Munus obsequij clientelaris; and this must be of ancient Com∣mencement and continuance, sith it is not now erigible or to be created (but by the Kings prerogatiue) as par∣cel of a Manour, though it may by contract be establi∣shed in a kinde of Seignorie in Grosse.

* 1.49For a Manour is a Seignorie or Dominium consi∣sting of Demesnes and Seruices of long continuance; and these may be comprehended vnder parts Essentiall and Accidentall.

* 1.50Here 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.

* 1.51Land 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,* 1.52 yet may a Manour be deuided into diuers by Partiti∣on of Coparceners.

Nor can two distinct Manours by practise be made one in perfect Vnion,* 1.53 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 Ma∣nour 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,* 1.54 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 main∣tenance of the Lords house.

These Demesnes were called of the Saxons (who had the substance, though not the name of Manours) In∣landt (and by Bracton (lib. 4.) Bord-lands) and the Ser∣uices Vtlandt in opposition,* 1.55 though it may in some sort be restrained to comprehend onely Lands, Tenements and Hereditaments yéelding Rents of Assize (viz. origi∣nall and set in certainty) as for Frée-hold, Copie-hold,* 1.56 or Customarie land; all which are Parcel in Seruice.

For the Diuision of Seruices,* 1.57 they may be all com∣prehended vnder Chiualrie and Soccage.

Chiualrie, or Seruitium Militare,* 1.58 is a Tenure or Ser∣uice, 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 ex∣ecute.

Chiualry or Knight-seruice is deuided into Regall and Common.

* 1.59Regall 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.

* 1.60Sergeantie (Sergeantia or Seriantia) is either Grande or Petit.

* 1.61Grande Sergeantie is where Lands are helde of the King by some noble Seruice, performeable by the Te∣nant personally.

* 1.62Petit Sergeantie is where Lands are held of the King, to yéeld him annually some small military furniture to∣wards his warres.

* 1.63Common Chiualrie is that Seruice which may in∣differently be confined to the Prince, or to a common person; and is called Escuage (viz. Shield-seruice) which is either Vncertaine or Certaine.* 1.64

* 1.65Escuage vncertaine is of two sorts: First, where the Tennant is Tenure-bound at his owne cost and char∣ges, to follow his Lord in the Kings warres, or to send a sufficient man in his steade, there to continue accor∣ding to the proportion of his Fée: viz. after the rate of 40. daies for a Knights Fée.

* 1.66Secondly, where he is bound by himselfe or his De∣puty 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.

* 1.67Escuage 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 Escu∣age. Na. Br. 84. Litl.

CHAP. VI.

SOccage (Soccagium) is a Tenure of Lands obliging the Feudatary to the performance of certaine inferi∣our and husbandly seruices vnto the Lord of the Fée,* 1.68 sans Wardship, mariage, Reliefe.

Soccage is also capable of the distinction of Chiefe and Common.

Soccage in Chiefe or Capite,* 1.69 is that which holdes im∣mediatly 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 Ma∣nour. Ibidem.

Soccage is either Franck (liberum) or Base (Villa∣num.)

Franke Soccage is where in lieu of seruice in kinde asumme of money is paid to the Lord.* 1.70

Base Soccage is a Seruile kinde of Tenure,* 1.71 and is deuided into Villanum Soccagium, and Purum Villena∣gium.

The first is, where a determinat Seruice is perform∣able by reason of the Tenement, and not of the person of the Tenant.

The other is where the Feudatarie is lyable to vn∣certaine and indeterminat Seruice at the absolute and instant will and demaund of the Lord.* 1.72 Bracton. & Na. Br. 94.

Yet may a man sans impeach of fréedome (in regard of his person) hold in Pure Villenage;* 1.73 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.

* 1.74And Copy-hold (saith Kitchin 80) is a base Tenure, and was originally called Villenage, Fitz. 12.

* 1.75But (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 re∣puted Copy) and yéelds to the King Annum, diem & Va∣stum vpon Felony.

Some Copy-holds are fineable at the Lords will; and some only are lyable to a certain rate,* 1.76 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 An∣cient Dutchy of Cornewall and other places,* 1.77 where the Tenants haue no Transcripts of the entries of their admittances;* 1.78 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 Tran∣scripts of admittances, called Tenants by Copy of Court-Roll, there the Land is Charter-land or Bock∣land.* 1.79 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, 'tis as néedlesse as endlesse to capitu∣late or enumerate them in this Tractate.

But both méere Copy-holde may be conuerted into Fée,* 1.80 and likewise Fées changed from their first institu∣tion by feofment; as out of Chiualry for certaine yéere∣ly Rent into Fée-Farme, sans further duty than is spe∣cially

comprised in the Graunt, except Fealty alone, which by probability is still on foote, because it is inse∣perably incident to all Tenures.* 1.81 For whosoeuer is in∣vested in Fée, though in the fréest maner, holdeth perfi∣dem & fiduciam, that is, by Fealty at least. Smith Rep. Anglorum. 3.

And Dwarenus saith, that Fidelitas est substantia Feudi.

Fée-Farme is a Fée,* 1.82 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 Ac∣tion 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.

Notes

• * 1.1

  Accidentall. Partes.
• * 1.2

  Proprietie.
• * 1.3

  Vocall
• * 1.4

  Nominate.
• * 1.5

  Cognomi¦nate.
• * 1.6

  Evidentiall. Proprietie.
• * 1.7

  Possident.
• * 1.8

  Dignitie.
• * 1.9

  Right.
• * 1.10

  Allodium
• * 1.11

  Terra Regis
• * 1.12

  Auncient. Demaine.
• * 1.13

  Frank. Free.
• * 1.14

  Feudum.
• * 1.15

  Feifz and Arrierfiefz.
• * 1.16

  Feodum simplex.
• * 1.17

  Feodum. Taliatum.
• * 1.18

  Terminable Right.
• * 1.19

  Tenant.
• * 1.20

  Dutie.
• * 1.21

  Euidence.
• * 1.22

  Limitation.
• * 1.23

  Termer.
• * 1.24

  Discent.
• * 1.25

  Lineall.
• * 1.26

  Collaterall
• * 1.27

  Pedigrees.
• * 1.28

  Sequences
• * 1.29

  Possession.
• * 1.30

  Eminence.
• * 1.31

  Incidents.
• * 1.32

  Lordships.
• * 1.33

  Courts.
• * 1.34

  Immunities.
• * 1.35

  Auncient Demeisme.
• * 1.36

  Toll.
• * 1.37

  Foote-geld.
• * 1.38

  Waiues.
• * 1.39

  Infangthef.
• * 1.40

  Felonies.
• * 1.41

  Theame.
• * 1.42

  Abishersing,
• * 1.43

  Blood-wit.
• * 1.44

  Estouers.
• * 1.45

  Tenure.
• * 1.46

  Confinage.
• * 1.47

  Condition.
• * 1.48

  Seruice.
• * 1.49

  Manour.
• * 1.50

  Court Ex∣tinct.
• * 1.51

  Non-Parcels vnited.
• * 1.52

  Manour di∣uisible.
• * 1.53

  Not vniable.
• * 1.54

  Demesnes.
• * 1.55

  Out-landt how re∣straind.
• * 1.56

  Rents of Assize.
• * 1.57

  Seruices de∣uided.
• * 1.58

  Chiualry.
• * 1.59

  Regall. Chiualry. Capite.
• * 1.60

  Sergeantie.
• * 1.61

  Grande.
• * 1.62

  Petit.
• * 1.63

  Common Chiualry.
• * 1.64

  Escuage.
• * 1.65

  Vncertaine.
• * 1.66

  Castel-ward.
• * 1.67

  Certaine.
• * 1.68

  Soccage.
• * 1.69

  Chiefe.
• * 1.70

  Franke.
• * 1.71

  Base.
• * 1.72

  Villenage.
• * 1.73

  The person, nor the Free∣hold impea∣ched.
• * 1.74

  Copy-hold.
• * 1.75

  Meere Co∣py-hold.
• * 1.76

  Fines.
• * 1.77

  Customary.
• * 1.78

  Folk-land.
• * 1.79

  Bock-land.
• * 1.80

  Conuersion of Fees.
• * 1.81

  Fealty.
• * 1.82

  Fee-Farme.