[306] Frusseto, or, as Lord Coke writes it, frasseto, signifies a wood or ground that is woody. (Co. Litt. 4. b.)
[307] Croftis. A croft is said to be synonymous with what farmers call a close. The term is used by Ingulphus, and derived from the Saxon croft or cruft.
[308] Turbariis. This word is of Saxon origin, and seems to have been used in two senses; first, for the right of taking turf; secondly, for the ground from which the turf itself was taken or dug. (Spelm. Gloss.) The reader will no doubt admire ecclesiastical ingenuity, when he understands, that turbary was comprised under the term lignum, and Tithe consequently claimed in respect of it. (Lyndw. Provinc. p. 100. Annot. ad turvarum.)
[309] Forinseca—So termed, Bracton tells us, quia fit et capitur foris, sive extra servitium quod fit domino capitali. (Bracton fo. 36. a.) This part of the text is rather obscure; and, though I have taken some pains to get at the sense of all the terms Glanville makes use of in this Concord, I cannot flatter myself I have perfectly succeeded.
[310] Faldas. Falda is frequently used, as Spelman informs us, pro libertate faldagii—faldagium being a privilege, which Lords anciently, not unfrequently, reserved to themselves, of setting up folds for sheep in any fields within their manors, the better to feed their flocks, and this, not merely with their own but their Tenants’ sheep, although, in the latter case, the privilege was more usually called secta faldæ.
It should rather seem, that the Tenants sometimes enjoyed such a privilege as against their Lords. Falda i.e. homines villæ debent ponere oves suas in faldam Domini, are the words of an ancient MS. relating to the Monastery of St. Edmund. When the term forinsecas is attached to faldas, a difficulty occurs, which perhaps may be got over by recurring to the doctrine of subinfeudation, so common when Glanville wrote. The privilege in question might have been within the boundaries of the ancient or original manor, whilst it might have been external or without the circuit of a less manor, forming merely a part of the original manor and created in a course of posterior subinfeudation.—This is submitted merely as a conjecture.
[311] Precarias. “Vide Somn. Tract. de Gavelkynd in voc. Benerth, p. 18.” (Al. MS.) “Benerth,” says Lord Coke, “signifieth the service of the plough and cart.” Co. Litt. 86. a. Precariæ are said to be day-works, which the Tenants of some manors are bound, by reason of their tenures, to do for their Lords in Harvest-time; and they are in some places called bind-days for bidden-days, since, as it has been remarked, bidden est precari. This custom is said to be plainly set forth in the Great Book of the Customs of the Monastery of Battel tit. Appelderham fo. 60. an extract from which the reader will find in Spelm. Gloss. ad voc. precariæ. Somner, indeed, considers it a species of Tillage service, performed precario. (Ubi Supra.)
[312] Consuetudines, meaning, perhaps, customary renders, or payments, as Rents. It is well known, that a period of our History has existed, when most of the Rents of the kingdom were paid in this manner.
[313] A similar description occurs in the Reg. Maj. (L. 1. c. 27.) and in Bracton. (L. 2. tr. 5. c. 28.) Lord Coke quotes the latter, as well as the passage in the text, as correct. “This,” observes Mr. Hargrave, “though a just description of fines, according to their original and still apparent import, yet gives a very inadequate idea of them in their modern application. In Glanville’s time, they were really amicable compositions of actual Suits. But for several centuries past fines have been only so in name.” (Co. Litt. 121. a. and note 1.) “For the antiquity of Fines,” says Lord Coke, “it is certain, they were frequent before the Conquest.” (2 Inst. 511.)
[314] V. LL. Gul. 1. Norman. cap. 28. (Al. MS.) The Law alluded to is in these words. Qui placitat in Curia cujuscunque Curia sit, excepto ubi persona Regis est et quis eum sistat super eo quod dixerit, rem quam nolit confiteri, si non potest disrationari per intelligentes homines qui interfuerunt placito et videntes quod non dixerit, recuperit juxta verbum suum. (LL. Anglo-Sax. Ed. Wilkins, p. 224.)