[Footnote 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_.)] [Footnote 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.] [Footnote 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.] [Footnote 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.)] [Footnote 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.]