A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

LAND.

LAnd, The Land of every man is in the Law inclosed from other, though it lie in the open field, and therefore if a man do tres∣pass* 1.1 therein, the W••i•• shall be, Quare clausu•• fregit.

Terra, Land in his generall and legall significa∣tion,* 1.2 includeth not only kind of grounds, as Me∣dow, Pasture, wood, but House••, and all Edifices whatsoever: i•• a more restrained sense it is taken for arable ground.

Twenty pound of Land was held antiently suf∣ficient to m••••••t in the degree of a Knight, 400* 1.3 markes of Land per annum, was a competent li∣ving 〈◊〉〈◊〉 or a Baron, and 400 l. per annum, ad sustinendum nomen & ••us of an Earl 8•••• markes per annum, the Revenue of a Marquels, and 800 l. of a Duke.

Qui capit u••orem, capit lites, & qui habet terras, ha••er 〈◊〉〈◊〉. A Wise brings Warres, and wealth brings Warres, Quarrels, Suits and Controversies at Law.

All Lands are holden of the Crown either imme∣diately* 1.4 or mediately by meine Tenants, the Conque∣ror by righ•• o•• Conquest got all the Lands of the Realm into his own hands, and as he gave it, he still reserved Rents, and services, which reservation is that which is called the Tenure of Lands.

Terra Land, in the legall signification compre∣hendeth any ground, soil, or earth whatsoever,

as Medows, Pastures, Woods, Moors, Waters, Ma••ishes, Furses and Heath, Terra est n••men ge∣neralissimum, & comprehendit omnes species terrae,* 1.5 but properly terra dicitur à terendo, quia vomere teritur, and antiently it was written with a single ••, and in that sense it includeth whatsoever may be ploughed, and is all one with arvum ab arando. It legally includeth also all Castles, Houses and o∣ther buildings: For Castles and Houses consist up∣on two things, viz. Lands or Ground, as the foun∣dation and structure thereupon; ••o as passing the Land or Ground, the structure or building passeth therewith.

The earth hath in Law a great extent upwards,* 1.6 for cujus est solum, ejus est usque ad caelum.

If a man seized of Lands in see, by his Deed granteth to another the profits of those Lands, to have and to hold to him and to his Heirs, and ma∣keth livery secundum formam chartae, the whole Land it self doth pass, for what is the Land, but the profits thereof? for thereby pasture, herbage, trees, mines, and all whatsoever parcell of the Land doth pass.

Notes

• * 1.1

  Dr. & Stu∣cap. ••.
• * 1.2

  Cook on Lit. l. 1. c. 2. sect. 14.
• * 1.3

  C••o••s •• Re. A••th••••y Howescase.
• * 1.4

  F••r ••rigi∣na•••• all lands were derived f•••••• the Crown.
• * 1.5

  Cook on Lit. l. 1. c. 1. sect. 1.
• * 1.6

  Cooks Rep. A••u••eds case.