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Romans
,
Saxons
,
Danes
Silas
Taylor
John
Starkey
(
Raptim
T.
B.
William
Sommer
Augustus
Caesar
Rome
.
Augustus
(
Courteous
Reader
Battel
Abbey
Candid
Reader
Men
receive
the
report
of
things
,
Lib.
1.
though
of
their
own
Country
,
if
done
before
their
own
time
,
all
alike
,
from
one
as
from
another
,
without
examination
.
Learned
Gentleman
Therefore
appealing
from
the
Vulgar
,
I
shall
apply
my self
to
the
more
Literate
and
Judicious
,
by
intendment
not
so
tenacious
of
a
specious
Tradition
,
but
that
they
can
with
patience
hear
it
questioned
,
and
,
if
occasion
be
,
refuted
:
not
unwilling
to
desert
it
,
if
,
upon
tryal
,
it
may
prove
unsound
and
spurious
;
and
accounting
it
as
thank-worthy
to
discover
an
old
Error
,
as
to
deliver
a
new
Truth
,
especially
since
Truth
is
not
more
often
,
nor
more
easily
lost
by
too
much
altercation
,
than
Error
is
contracted
and
continued
by
too
little
.
T.
B.
Q.
C.
Oxon.
Justus
Lipsius
Polemical
Discourses
Concerning
first
Plantations
,
double
Portion
to
the
Eldest
amongst
the
Partition
Antiently
and
Modernly
used
by
the
the
same
custom
among
the
and
all
this
in
relation
to
the
Subject
of
Partition
.
Tenure
by
which
all
the
Sons
,
upon
their
Fathers
decease
,
do
equally
divide
and
share
the
Inheritance
betwixt
them
That
he
is
contented
to
admit
and
agree
,
that
Provincially
,
and
particularly
here
in
we
had
such
a
custom
,
both
before
and
at
the
Conquest
;
neither
am
I
against
their
opinion
,
who
affirm
the
like
Course
and
Custom
current
in
those
times
throughout
the
Kingdom
,
&c.
viz.
That
either
the
Conqueror
,
or
his
Brother
brought
it
thither
out
of
and
there
planted
it
by
the
pattern
and
practice
of
his
own
Country
for
had
it
been
from
thence
transplanted
,
probably
it
would
not
have
been
confined
to
a
corner
onely
of
the
Kingdom
,
but
have
spread
it self
rather
over
the
whole
,
by
the
Conquerors
means
,
whose
inclinations
and
endeavours
to
propagate
and
implant
here
the
Customs
of
his
own
Country
,
are
too
eminent
and
notorious
to
be
doubted
of
.
antient
times
Saxon
Government
long
before
Greece
;
For
it
is
evident
that
that
which
is
now
called
was
not
of
old
constantly
inhabited
;
but
that
,
at
first
there
were
often
removals
,
every
one
easily
leaving
the
place
of
his
abode
,
to
the
violence
always
of
some
greater
number
;
—
and
every
man
so
husbanded
the
ground
,
as
but
barely
to
live
upon
it
,
without
any
stock
of
riches
;
and
planted
nothing
(
because
it
was
uncertain
when
another
should
invade
them
,
and
carry
all
away
,
especially
,
not
having
the
defence
of
Walls
)
but
made
account
to
be
Masters
in
any
place
,
of
such
necessary
sustenance
as
might
serve
them
from
day
to
day
.
They
made
little
difficulty
to
change
their
habitations
;
—
for
,
the
goodness
of
the
Land
increasing
the
power
of
some
particular
men
,
both
caused
Seditions
,
(
whereby
they
were
ruin'd
at
home
)
and
withall
made
them
more
obnoxious
to
the
insidiation
of
Strangers
.
Mare
Claus
.
l.
de
aborigiaibus
in
conjurat
.
Catilinae
temportbus
in
That
they
in
old
time
,
and
such
as
in
the
Continent
lived
near
unto
the
Sea
,
or
else
inhabited
the
Islands
,
after
once
they
began
to
cross
over
one
to
another
in
Ships
,
became
Thieves
,
rifling
the
weaker
,
and
made
this
the
best
means
of
their
living
,
being
a
matter
at
that
time
no
where
in
disgrace
.
This
is
manifest
by
some
that
dwell
on
the
Continent
,
amongst
whom
,
so
it
be
performed
nobly
,
it
is
still
esteemed
as
an
Ornament
.
Gervasius
Tilburiensis
Until
the
time
of
King
the
King
used
not
to
receive
Mony
of
their
Lands
,
but
Victuals
for
the
provision
of
their
House
,
and
towards
the
payment
of
their
Soldiers
Wages
,
and
such
like
charges
;
Mony
was
raised
out
of
the
Cities
and
Castles
in
which
Husbandry
and
Tillage
was
not
used
and
exercised
:
But
at
length
,
when
the
King
being
in
parts
beyond
the
Seas
,
needed
ready
mony
for
and
towards
the
furniture
of
the
Wars
,
and
his
Subjects
and
Farmers
complained
,
that
they
were
grievously
troubled
by
carriage
of
Victuals
into
sundry
parts
of
the
Realm
,
far
distant
from
their
dwellings
;
the
King
directed
Commissions
to
certain
discreet
persons
,
who
having
a
regard
of
those
Victuals
,
should
reduce
them
into
reasonable
sums
of
mony
,
the
levying
of
which
sums
they
appointed
to
the
Sheriff
,
taking
order
withall
,
that
he
should
pay
them
at
the
Scale
or
Beam
;
that
is
to
say
,
that
he
should
pay
sixpence
over
and
above
every
pound
weight
of
mony
,
because
they
thought
that
the
Mony
in
time
would
wax
so
much
the
worse
for
the
wearing
.
holy
Scripture
Deuteronomy
,
verse
Order
of
Partition
nolenti
patre
;
If
a
man
hath
two
wives
one
beloved
,
and
another
hated
,
and
they
have
born
him
Children
,
both
the
beloved
and
the
hated
,
and
if
the
first-born
son
be
hers
that
was
hated
,
then
it
shall
be
,
when
he
maketh
his
sons
to
inherit
that
which
he
hath
,
that
he
may
not
make
the
son
of
the
beloved
first-born
before
the
son
of
the
hated
,
which
is
indeed
the
first-born
,
but
he
shall
acknowledge
the
son
of
the
hated
for
the
first-born
,
by
giving
him
a
double
portion
of
all
that
is
found
with
him
;
for
he
is
the
beginning
of
his
strength
,
the
right
of
the
first-born
is
his
.
father's
hatred
Rule
of
Right
Quod
in
plagas
Orientales
usque
ad
Invaluit
etiam
Traditio
,
ipsum
(
qui
à
diluvio
erat
Selden
,
Mare
clausum
,
lib.
ut
rect
è
de
Insulis
Insulae
obvenerunt
causam
traxit
Henry
Spelman
(
in
Verb.
Gaveletum
)
Sàxon
Original
German
Empire
Duke's
Jester
Brethren
participants
Apportionments
and
Divisions
Elder
Brother
deceased
Duke
young
Duke
Duke's
Gown
Lower
Germany
Island
of
Jersey
Gallick
Customs
Customs
,
Language
That
hereupon
it
may
be
concluded
,
That
the
antient
Inhabitants
of
the
Country
now
called
and
the
of
this
Isle
,
spake
one
and
the
same
Language
;
and
by
necessary
consequence
,
the
Original
of
the
is
to
be
reduced
unto
the
for
me
must
confess
,
that
was
Peopled
before
as
lying
nearer
unto
And
that
the
sent
out
and
planted
their
Colonies
all
abroad
in
much
more
then
by
all
reason
and
congruity
in
so
near
and
no
less
plenteous
than
the
rest
.
Martiaus
Zeillerus
Hispaniae
&
Lusitaniae
Itinerarium
Franciscus
de
Rues
the
Garden
of
European
Policy
William
Thomas
That
the
Inheritance
of
Lands
in
goeth
by
that
is
to
wit
,
one
Brother
as
good
part
as
another
:
So
that
if
a
which
is
as
much
to
say
as
an
have
twenty
Sons
,
every
one
of
them
is
called
and
the
youngest
hath
as
good
part
in
his
Father's
Lands
and
Goods
as
the
eldest
,
unless
it
be
in
the
Estates
of
Princes
,
as
of
and
such
others
,
which
the
eldest
evermore
enjoyeth
.
And
by
this
means
it
is
come
to
pass
,
that
in
process
of
time
,
with
change
from
Wealth
to
Poverty
,
there
be
divers
without
Land
or
Goods
,
retaining
nevertheless
the
glory
of
that
name
to
them
and
theirs
for
ever
.
Roman
Empire
The
Condition
of
the
found
them
;
That
was
antiently
among
them
:
Of
(
the
of
their
Of
their
Tylwyths
:
Of
their
manner
of
Partitions
and
Laws
concerning
their
Gavel
.
JUlius
Caesar
Beda
cap.
equitatus
primo
congressu
à
Britanny
untouch'd
Lhoeger
,
Camber
Julius
Caesar
British
Valour
Bibl.
Polyglot
linguae
antiquae
referendae
,
si
ieter-asperes
&
incultos
montes
depulsi
,
linguam
longè
antiquiss
.
Gallick
youth
Com.
de
Bello
Gallico
Lib.
short
Epitome
Criminal
Court
Controversies
,
publick
or
private
Druids
,
Caesar
Majus
jus
Aut
,
Or
this
Tenure
British
Heralds
Ammian
.
Marcellinus
Vos quoque qui fortes animas belloque peremptas Laudibus in longum vates dimittitis aevum , Plurima securi fudistis carmina Bardi .
Doctor
Davies
place
whereupon
to
build
a
House
:
Beam
in
the
Building
English
Heraldry
third
Houses
Great
Paternal
stock
Mainerch
ap
Driffyn
Blethin
ap
Mainarch
Lord
of
was
together
with
King
Rees
his
Brother-in
Law
,
with
many
other
Gentlemen
,
slain
by
the
by
West
of
near
the
River
of
the
place
is
to
this
day
called
the
Ellen
Daughter
of
Theodore
King
of
and
Sister
to
that
noble
Rees
ap
Tudore
or
Theodore
.
Driffyn
ap
Mainarch
Drympeck
ap
Mainarch
Moreiddig
Warwin
:
he
was
born
with
an
Adder
about
his
neck
,
for
which
cause
he
forsook
his
Paternal
Coat
,
and
gave
the
three
Childrens
Heads
,
their
Necks
enwrapped
about
with
so
many
Snakes
Proper
,
&c.
and
of
him
are
issued
the
and
many
other
Gentlemen
,
who
are
termed
Tylwyth
Voreiddig
.
Gwgan
ap
Blethin
Cadivor
ap
Blethin
Gryff
.
Gwyr
:
from
whom
the
Families
of
come
:
called
Tylwyth
Howel-Melyn
,
that
is
,
Owen
Gethyn
,
from
whom
many
Gentlemen
in
are
descended
,
called
Tylwyth
Owen
Gethyn
,
that
is
,
the
Posterity
or
Tribe
of
stimulum
to
Heroick
Actions
particular
Refugium
Father's
house
Chief
men
David
assembled
all
the
Princes
of
Israel
,
the
Princes
of
the
Tribes
,
&c.
unto
Jerusalem
.
the
name
of
the
Israelite
that
was
slain
was
the
son
of
a
Prince
of
a
chief
House
among
the
The
name
of
the
Midianitish
woman
that
was
slain
was
the
daughter
of
he
was
head
of
a
People
,
and
of
a
chief
House
in
Mosaical
Law
y
Tri
Twysoc
Talaethioc
the
Three
Crowned
Princes
Broad
lace
Doctor
Powel
Doctor
Powel
Cambrian
History
Conan
Tindaethwy
Here
I
think
fit
to
say
somewhat
of
the
whereof
this
mischief
grew
the
Feuds
betwixt
Brethren
,
the
Rending
the
Government
in
pieces
,
that
is
,
the
Division
of
the
Father's
Inheritance
amongst
all
the
Sons
,
commonly
called
Gavel
is
a
term
,
signifying
a
because
every
one
of
the
Sons
,
did
hold
some
Portion
of
his
Father's
Lands
,
as
his
Lawfull
Son
and
Successor
.
This
was
the
cause
,
not
only
of
the
overthrow
of
all
the
Antient
Nobility
in
for
by
that
means
,
the
Inheritance
being
continually
Divided
,
and
Subdivided
amongst
the
Children
,
and
the
Children's
Children
,
was
at
length
brought
to
nothing
but
also
of
much
Bloodshed
,
and
unnatural
Strife
and
Contention
amongst
Brethren
;
a●
we
have
here
an
Example
,
the
History
of
the
Descendants
of
and
many
other
in
this
History
,
He
means
in
This
kind
of
Partition
is
very
good
to
plant
and
settle
any
Nation
in
a
large
Country
,
not
Inhabited
;
but
in
a
populous
Country
,
already
furnished
with
Inhabitants
,
it
is
the
very
Decay
of
great
Families
,
and
as
I
said
before
,
the
cause
of
Strife
and
Debate
.
give
all
Kyn
(
Kind
British
Gavel
,
Owen
Brogynton
That
base
Sons
were
not
basely
esteemed
,
but
with
the
other
had
part
of
their
Father's
Inheritance
;
and
so
had
others
through
especially
if
they
were
stout
and
of
noble
Courage
.
Foster-father's
Land
According
to
the
custom
of
Wales
,
according
to
the
custom
of
Wales
.
Impositions
of
Fines
and
Amerciaments
,
greatest
Riches
Neither
the
nor
the
altered
our
antient
Laws
.
Of
the
antient
honour
and
use
of
the
what
they
were
For
my
part
I
conceive
it
may
carry
an
Antiquity
far
greater
than
the
time
of
the
Conquest
,
&c.
Manners
,
Laws
Holy
writ
Judicial
Affairs
Graecian
Common-wealths
Commentaries
,
Lucan
Habits
,
manner
Warring
,
Buildings
,
Baths
Sporta
,
Cophinus
,
Corbis
British
word
Mare
Claus
.
in
interserend
.
in
fine
.
Sic
ex
vocibus
illis
,
id
genus
aliis
sive
à
sive
a
sive
in
Essedum
,
Brit
Essed
.
Candela
,
Brit.
Canwyll
.
Apennine
,
Armorica
,
Galstum
,
Bardo-cucullum
,
fundamental
Constitutions
glorious
Gospel
Christ
Jesus
Joseph
of
Arimathea
Saint
Alban
Roman
Military
Girdle
Roman
Government
popular
Tumult
false
Will
Roman
Eagles
Roman
Laws
Annal.
lib.
Britains
;
Solitum
Feminine
Conduct
Divus
Claudius
Boadicea
,
Caractacus
British
Liberty
P.
Ostorius
Rapes
,
Hatchets
Roman
Souldiers
Northern
parts
Circa
Ann.
Salutis
humanae
Roman
General
Hist.
Bel.
Vand.
Valiant
and
expert
Souldiers
,
inferiour
to
none
of
their
time
;
being
men
so
high
in
Worth
and
Spirit
,
that
he
shall
not
err
,
that
calls
them
the
last
of
the
Romans
:
Empress
●●●idia
Hengist
&
Horsus
nine
Thousand
Saxons
Regal
authority
advenerant
,
donantibus
Britannis
,
〈◊〉
habitationis
INTER
EO'S
,
ca
conditione
,
ut
hi
militarent
&c.
among
them
the
wall
that
wall
Vortiger
,
Hengist
Vir
spectabil●s
Littoris
Saxonici
Northern
Enemies
Kentish
shores
Northern
Enemies
William
of
Malmsbury
Guorongus
vice-Roy
Vortigernus
Guorongum
Cantio
praefecit
Comites
litoris
Saxonici
per
Britanniam
Saxons
Pyracies
Selden
.
Mare
claus.
in
interserend
:
in
fine
.
It
aliae
Tractus
Argentoratensis
Dubitari
nequit
,
quin
pro
British
shores
Mare
claus
occurit
de
in
d●gnit
atem
Regis
,
ab
Rege
Sexto
,
non
solum
Iasulae
verum
&
idem
memorat
vir
optimus
Nobilis
Dux
&
de
qui
&
Marchi●
&
Dux
Lord
Marchers
Judge
Dodaridge
Law
of
Nobility
and
Peerage
M
S.
Chronicle
Reges
.
Penda
Anonymous
Author
Eastangles
,
Egric
Sigebert
,
&
Anna.
Queen
Kineswith
Ercombert
King
Sexburge
:
Germanus
vero
ipsius
Rex
Sanctus
M
S.
vol.
in
Biblioth.
Bodl.
Lian-Llieni
,
Lleian
endowed
it
with
all
the
Land
thereabout
,
saving
onely
the
Lordship
now
caulid
West
anheconi
North-west
parts
of
Herefordshire
Bishop
Godwin
Ecca
Bishops
Monast.
Angl.
Math.
of
Westminster
Bishop
of
Hereford
Offa
King
Pope
Adrian
Archbishops
Seat
Pibanus
King
King
Arthur
Gorvodius
King
Record
transcribed
into
Register
book
Julius
Caesar
,
Cambd.
in
Brit.
Quatuor
erant
Reguli
qui
Cantio
praeerant
,
Cingetorix
,
Carvilius
,
Taximagulus
,
&
Sego●ax
King
,
Count
,
Regulus
King
Vortiger
Original
Planters
Roman
and
Saxon
Power
military
men
Saxon
M
S.
&
ƿaerdn
ða
aerestan
Cyningas
þe
ƿest
Seaxena
land
.
ƿealum
geeodan
Regnum
INTER
WALDOS
perdomuera●
Heptarchical
Kings
desirous
Reader
Monasticon
Anglicanum
British
denomination
lightblew
.
Minsh
British
prudence
Major
,
Greater
Low
Dutch
Docter
Davies
Kings
Children
Gallick
Language
Britains
civil
Saxon
Proceres
Murder
,
Bastard
British
Wen-tre
,
Villa
alba
Saxon
ton
British
Tre
;
British
Venta
;
Venta's
,
Ton
Elder
Saxon
Kings
Wallus
censum
pendens
annuum
,
&c.
Wallus
quinque
terrae
hidas
possidens
de
Regis
equisone
Wallo
Be
ðon
ðe
ðeoƿ
ƿealH
frigne
servile
Welch-man
Be
cirlisces
mones
land
Haefene
King
Edward
biþ
freoH
,
Malmesbury
,
William
Thorn
fourth
King
This
Noble
King
having
a
care
for
them
that
should
come
after
,
brought
the
Laws
of
his
Country
,
into
their
own
Mother
tongue
:
Saxon
tongue
King
Ethelbert
fifth
Law
de
irruptione
in
Templum
Saxon
tongue
Lord's
Day
King
Edovards
Zealous-Primitive-Christian-Saxon
Kings
Bishop
of
Rome
Merchenlaege
,
Westsaxonlaege
Law
,
Kind
,
Custom
Amerciaments
,
Mulcts
second
of
King
Alured's
Laws
violate
Sanctuary
Edward
the
Confessour
Holy
King
Edward
Saxon
Kings
Privileges
and
Immunities
Antient
City
King
Edgar
Romans
,
Saxons
Customs
,
Laws
the
Conquerour
altered
not
,
but
confirmed
,
the
Laws
.
The
antiquity
and
different
use
of
Juries
.
claim
and
recover
their
Lands
by
Law
against
the
Of
our
common
Laws
,
our
Customs
,
Forfeitures
,
Sealing
,
Coverfeu
,
Exchequer
,
Fashions
,
Language
,
Writing
,
manner
of
Fights
,
Fortifications
and
Buildings
.
John
Skene
signifies
Lands
,
quhilk
ony
person
acquiris
&
possessis
Quhilk
is
conform
to
the
Civil
Law
,
Norman
Conquest
Mr.
Samuel
Daniel
I
come
to
write
of
a
time
,
wherein
the
State
of
received
an
alteration
of
Laws
,
Customs
,
Fashions
,
manner
of
Living
,
Language
,
Writing
,
with
new
forms
of
Fights
,
Fortifications
,
Buildings
,
and
generally
an
innovation
in
most
things
but
Religion
.
Mr.
Daniel
Mr.
Camden
that
Age
Mr.
Selden
Litchfield
Chronicle
Roger
Twysden
Ingulphus
Crolandensis
King
William
Ces
sont
les
leis
&
les
Custumes
que
li
Reis
William
grantut
à
tut
le
peuple
de
Engleterre
;
apres
le
Conquest
de
la
Terre
.
Iceles
meismes
,
que
le
Reis
Edward
sun
Cosin
tint
devant
lui
King
Edward
Litchfield
Chronicle
King
Edward
Norman
Conquest
Norman
Settlement
King
William
British
Laws
first
place
King
Williams
desigment
ingratiate
himself
Earls
Edwin
Abbot
Frederick
Archbishop
Lanfranc
Lords
,
To
observe
the
of
the
Realm
,
established
by
his
noble
predecess●rs
the
Kings
of
and
especially
those
of
the
Confessor
Saxon
Laws
Norman
Conqueror
Polydore
Virgil
English
Peculiar
used
Law
Saxan
Laws
Burchot
,
vel
Brigbot
Thief
slain
Siquis
alterum
appellet
de
latrocinio
,
&
is
sit
liber
homo
,
&
habeat
—
testimonium
a
a
Iudge
Dodaridge
in
his
Treatise
of
the
Barons
,
pag.
155
saith
,
The
Yeomanry
or
Common
people
for
they
be
called
of
the
Saxon
word
Zemen
,
which
doth
signifie
Common
,
who
have
some
Lands
of
their
own
to
live
upon
,
for
a
C●rve
of
Land
or
Plough-Land
,
was
in
antient
times
of
the
yearly
value
of
five
Nobles
,
and
this
was
the
Living
of
a
Sober
man
,
or
Yeoman
Cokes
9.
part
.
fol.
124.
b.
But
in
our
Laws
they
are
called
part
.
fol.
part
.
fol.
Law
of
King
Edward
King
Ethelred
King
Ina
two
last
King
Jna's
Terrae
hydis
exequari
intelligatur
Norman
denomination
Norman
Conquest
Edward
Coke
word
common
Sherburn
in
the
County
of
Norfolke
Warren
(
his
great
favourite
that
Law
Record
called
Domesday
Hugo
de
Port.
By
this
we
see
they
impleaded
their
rights
against
the
King
.
Here
by
these
you
may
gather
several
manners
,
and
several
reasons
,
and
grounds
of
claimes
then
.
Hugo
de
Port
Ancestors
;
William
de
Chernet
Hundred
.
Picot
defendant
de
Chernet
King
Edward
eighteenth
year
King
Edward
King
William
Terra
Regis
French
,
English
other
Language
excellent
Lawyers
first
Norman
times
diversity
of
concernments
first
Norman
Kings
French
Tongue
antient
Customes
Saxon
Laws
King
Edward
three
or
four
Hundreds
King
Edgar
tƿa
scirgemot
;
&
ðaer
beo
on
ðaer
sciregemote
bisceoƿ
,
&
se
ealdorman
.
&
þaer
aegþer
taecan
ge
Godes
riHte
.
ge
ƿeoruld
riHte
(
i.e.
teach
Gods
right
Worlds
right
Norman
Governments
Saxon
Laws
Qui
uxoratus
faciet
Adulterium
,
habeat
Norman
Government
jocular
tenures
Charter
Sealed
before
Charters
Signed
Grant
of
some
Privileges
Hoc
est
Sigillum
Regis
Edwardi
King
Edward
T.
R.
E.
Norman
Conqueror
Countrey
people
Brices
Evening
Gervasius
Tilburiensis
third
Particular
our
fashions
Frenchmens
Apes
probable
Record
Monumental
Effigies
the
Body
of
our
Language
remained
in
the
Saxon
;
yet
it
came
so
altered
in
the
habit
of
the
French
tongue
,
as
now
we
hardly
know
it
,
in
the
antient
form
it
had
;
and
not
so
much
as
the
Character
wherein
it
was
Written
,
but
was
altered
to
that
of
the
Roman
and
French
,
now
used
:
Gradual
decay
of
Primitive
English
Saxon
Idiom
Forein
commerce
English
Court
English
tongue
Hundred
years
French
tongue
Norman
times
Jack
would
be
a
Gentleman
,
could
he
but
speak
French
Saxon
Letter
own
Characters
Roman
Characters
Fights
,
Fortifications
,
Buildings
generally
an
Innovation
difference
betwixt
Earl
Harold
Offensitive
Arms
practique
part
Welsh
Borders
Edricus
Silvaticus
Lord
of
Wigmore
Radulfe
de
Mortuomari
Provisional
Law
Anhlote
&
Anscote
persolvat
:
secundùm
legem
Anglorum
King
Edward
round
pile
of
Earth
Cast
up
small
rising
plain
Ground
thirty
Men
long
Siege
Antient
intestine
feuds
Scotish
Borders
round
Tower
Domesdey
Book
ibi
est
domus
defensabilis
dwelling
House
fortified
Welsh
Borders
small
Casties
Mode
of
Lights
small
large
;
these
Arches
stately
heights
proportionable
Coverings
low
great
Dammage
gradual
Declensions
greatest
Door
Semicircular
piece
Gothick
work
British
aborigines
Mr.
S.
Original
,
Etymology
Deaths
wound
,
in
favorem
libertatis
,
Edward
Coke
Trojan
Brytains
used
the
Tenure
of
Partition
.
Marginal
question
Mr.
S.
By
the
way
how
do
our
Britains
claim
descent
from
the
Trojans
?
Sith
with
them
the
eldest
Son
,
by
Prerogative
of
primogeniture
Monopolized
the
whole
Inheritance
.
Authors
Mr.
S.
Sith
with
them
Dares
Phrygius
Dictys
Cretensis
Trojan
writer
Sith
with
them
the
eldest
Son
Monopolizeth
,
&c.
Mr.
S.
(
how
our
Britains
claim
Descent
from
the
Trojans
?
)
King
Edward
younger
Troy
old
Troy
Polydore
Virgil
Galfridus
Monumethensis
English
History
British
Antiquities
King
Henry
Register
book
Thomas
de
Cantilupe
John
Price
Desirous
Reader
Language
,
Letters
,
Names
King
Edward
pe●es
Authorem
&
citat
.
à
Joanne
Prisaeo
in
Defensione
sua
Histor.
Brit.
&c.
Teliesin
,
Claruit
Anno
salutis
humanae
of
Him
com
þe
gode
Bruigt
ƿat
ƿas
þe
furste
Ðat
louerd
ƿar
Edw.
Biss
Joannes
Hantvillensis
,
sive
Hantwillensis
;
Nostras
,
Claruit
anno
regnante
Joanne
libros
de
Bruto
ludebat
,
Archithrenium
autem
appellavit
,
&c.
—
atqui
hinc
ipse
etiam
Archithreni●●
nominatus
.
Eum
laudat
Petrarcha
,
Giraldus
,
Vives
,
Vossius
,
Textor
,
Balaeus
&
Textor
.
Ambrosius
Telesinus
Now
will
I
return
(
y
Weddilion
Trojon
)
to
the
reliques
of
Troy
,
British
Words
Antient
name
Greek
Termination
Lusitania
,
Mauritania
,
Tingitania
That
with
them
the
eldest
Son
by
prerogative
of
Primogeniture
Monopolized
the
whole
Inheritance
,
Trojan
British
History
Camber
,
Loeger
Cambria
,
Loegria
North-Gales
.
Wales
.
Wallia
English-men
,
Saisons
Saxons
.
Coke
(
as
I
may
say
Houses
,
the
Strangers
England
,
Saisnaeg
the
Saxon
tongue
Cambria
,
Loigria
J.
B.
Greek
word
,
BRYTON
Brytish
Ale
Captain
Scoto
British
Customs
Roman
Empire
Western
Empires
Western
Empires
according
to
the
former
division
Emperour
Constantine
Gavelkind
in
other
places
of
the
Kingdome
of
England
besides
Kent
:
in
the
Principality
of
Wales
.
Gavel
used
in
denominations
of
places
;
how
used
among
the
Welsh
;
of
the
word
Llan
:
of
the
Normans
invasion
of
the
Territory
of
Wales
:
the
use
of
Gavell
in
the
division
of
that
Territory
;
and
exposition
thereof
in
the
Welsh
Vocabulary
.
that
Gavelkind
is
a
property
of
that
eminent
singularity
in
the
Kentishmens
possessions
;
so
generally
in
a
manner
from
great
antiquity
over-spreading
that
County
,
as
England
this
day
cannot
shew
her
fellow
in
that
particular
For
other
Country-mens
communicating
with
us
of
Kent
in
the
Tenure
,
I
conceive
it
first
came
up
by
imitation
of
our
example
;
in
Ireland
especially
,
and
amongst
the
Welsh-men
,
in
whose
Vocabulary
or
Dictionary
the
word
is
sought
in
vain
,
as
it
is
also
in
that
old
statute
which
concern●
them
,
Statutum
Walliae
Mr.
S.
Socage
Land
extra
Cantium
Socage
Tenure
the
Land
in
any
deeds
or
conveyances
hath
not
any
appellations
of
Gavelkind
Llangattok
feibon
afel
Chlangattok
vybon
avel
Llangattok
gafael
meibon
.
Llan
Doctor
Davies
Cambro-british
Dictionary
significare
coemeterium
vel
aream
Templi
great
College
Thousand
students
Pelagian
Haeresie
Pibanus
King
long
continued
Custome
Llanihangle-Arrow
,
Llanihangle-Eskle
two
Rivers
British
Norma
loquendi
Fab
Meibon
.
(
filti
,
Sons
,
)
Feibon
afael
gafael
meibon
dedication
Llangattok-feibonafael
Ecclesia
Sancti
Cadoci
de
tenura
puerorum
,
(
the
Tenure
of
the
Children
.
)
Vocabulary
or
Dictionary
it
is
sought
in
vain
.
Doctor
Davies
Tho.
Thomas
Aquinas
nomina-sunt
omina
Cymmeroch
chwi
gafel
Take
hold
Cymeroch
the
chwi
gafael
laying
hold
Howel
dda
Welsh
,
Gefael
found
in
the
Welsh
Vocabulary
additional
cognomen
possessing
Conqueror
King
VVilliam
constituting
Regalities
Bernard
Newmarch
Norman
Conquest
of
Welsh
Welsh
parentage
Saxon
Governments
fixed
impression
composition
and
agreement
shires
and
Countreys
are
not
of
a
VVelsh
institution
Norman
Conquest
Henry
Fitz
Empress
,
Gyraldus
Cambrensis
●entish
word
British
Tenants
Kentish
Custome
Norman
Dukedome
Toads
,
Spiders
Venomous
Creatures
British
Policy
military
disposition
Humfride
Lloyd
one
hundred
Towns
Provincia
,
Regio
,
Cohabitancia
twelve
Mannours
English
speech
Doctor
Davies
Rhannu
,
Parti●i
,
distribuere
Military
policy
and
provision
twelve
Mannors
Circuits
,
and
two
Townships
two
Townships
Penes
Authorens
the
Tenure
sortes
or
partes
Hereditariae
Gavel
,
Tenure
Tot
partes
Hereditariae
in
Tenura
Gentry
Lords
Extra
Cantium
Saxon
Customs
Doctor
Davies
Cambro-British
Dictionary
Statutum
Walliae
t●tm
Gavelkind
British
custom
Gavelkind
.
But
how
only
as
b●rrowed
,
to
help
to
Describe
and
Ill●strate
that
partible
quality
of
the
Lands
in
therein
mentioned
;
and
that
it
was
transmitted
by
our
Lawyers
,
who
borrowed
the
term
to
make
use
of
it
fo●
Illustration
sake
British
Rhannu
.
King
John
English
Laws
Of
soveral
Customs
of
Descent
of
Lands
;
of
the
welsh
Laws
of
Partition
;
of
Knights-s●rvice
and
war●ship
among
them
.
what
,
else
where
,
I
mean
in
other
Shires
and
Counties
they
properly
call
by
the
name
of
Socage
,
whether
free
or
base
,
we
here
in
are
wont
to
call
by
the
name
of
Gavelkind
,
or
if
you
please
in
Mr.
all
Socage-service
here
properly
so
called
,
is
cloathed
with
the
apparel
of
Gavelkind
,
and
under
it
in
a
large
acception
,
is
understood
all
such
Land
within
the
County
,
as
is
not
Knights-fee
or
Knights-service-Land
;
the
term
serving
here
to
Contra-distinguish
it
from
Knights-service-Land
.
Placita de jurat is & Assiss . Anno 16. Edw. 1. Metingh .
Edwardus
Kaynel
.
Maria
filia
Roberti
de
Camma
.
The
Irish
have
the
same
manner
of
Partition
.
Davies-Irish
reports
.
Jobannes
Bereset
,
&
Matill
.
uxor
ejus
,
&
Johanna
soror
ejusdem
Matill
.
petunt
versus
Johannem
Alfrith
de
Warham
unum
Toftum
cum
pertinentiis
in
Warham
:
de
quo
Johannes
Gerard.
consanguineus
predictorum
Edwardi
,
Mariae
,
Matill
.
&
Johannae
cujus
heredes
ipsi
sunt
,
fuit
seisitus
in
Dominico
suo
ut
de
feodo
die
quo
obiit
,
&c.
unde
dicunt
,
&c.
That
it
is
no
other
than
a
Custom
generally
spreading
it self
throughout
the
whole
Country
in
Land
of
that
nature
Lou
,
per
Custonie
a●pel
.
Burgh-English
en
ascun
Burgh
,
le
fits
puisn
inherita
touts
les
Tenements
,
Edward
Coke
within
the
Mannour
of
B.
in
the
County
of
Berk
,
there
is
such
a
Custom
,
that
if
a
Man
have
divers
Daughters
,
and
no
Son
,
and
Dyeth
,
the
eldest
Daughter
shall
only
Inherit
;
and
if
he
have
no
Daughters
,
but
Sisters
,
the
eldest
Sister
by
the
Custom
shall
Inherit
,
and
sometime
the
youngest
;
and
divers
other
Customs
there
be
in
like
Cases
.
De
terres
des
ancienes
demeynes
soit
use
solonque
le
antient
usage
del
lieu
,
d●unt
en
ascun
〈◊〉
le
●ient
leu
pur
usage
:
que
le
heritage
soit
departable
,
entre
touts
les
enfants
freres
&
sores
,
&
in
ascun
lieu
que
le
eigne
avera
tout
,
&
in
as●un
lieu
que
le
puisne
frere
avera
tout
.
common
Tenure
Military
duty
Norman
Conquest
Courts
of
Wards
British
Term
ex
amore
lecti
aut
concubitus
gordd
,
Malleus
,
it
is
,
&c.
the
mawl
of
the
bedde
the
effect
of
beddmalleating
British
Tenure
A
Competition
of
Privileges
betwixt
Kentish
Gavelkind
consists
of
many
singular
properties
;
which
may
as
well
challenge
a
share
and
right
in
the
customes
name
as
may
that
of
partition
,
such
as
dower
of
the
Moyety
,
not
to
forfeit
Lands
for
Felony
,
and
the
like
.
Kanc.
Rot.
Tur.
Lond.
Claus
Rob.
Bonehatch
baser
Tenures
honourable
services
two
hundreds
Kings
Army
British
customes
cum
Exercitus
in
hostem
pergit
,
ipsi
per
consuetudinem
faciunt
Avauntwarde
,
&
reverstone
Redrewarde
burning
of
houses
enumerated
Customes
Norman
Conquest
Welsh
custome
ibi
non
currit
Breve
Regis
Pasch.
Anno
Majus
Edw.
Justices
Itinerant
Libertas
de
Irchenfeld
In
Rot.
penes
Camer
.
Sccii
Recept
Philip
de
Martinestow
Glodithā
fil
.
Mauricii
fil
.
Wasmaeri
British
fashion
men
of
Judgment
Jurati
Hund.
de
Irchenefeud
,
Webbetre
&
Greytr
.
dicunt
,
quod
Botholin
qui
tenuit
villam
de
Comboglin
solebat
facere
Sectam
ad
Hundr
.
predict
.
&
esse
unus
Domesman
de
eodem
Hundr
.
&c.
de
libertate
de
Domesman
Kings
Messages
Kentish
privileges
Several
sorts
of
Gavel
not
relating
to
the
Tenure
answered
as
urged
by
Mr.
S.
How
that
Gavel
was
understood
;
by
our
late
Lawyers
;
How
in
Domesdey
by
comparing
places
together
,
and
how
among
the
Saxons
;
a
Discourse
upon
the
Writ
called
Gavelet
.
Gavel-erth
,
Gavelate
,
Gavellond
For-gavel
,
Mete-gavel
,
Gavel-rip
,
Swine-gavel
,
Werk-gavel
,
Hunig-gavel
,
&c.
River
Severn
composition
redeemed
with
Money
South-Malling
Custumal
de
Avena
de
Gablo
vendita
de
quinque
quarteriis
,
&c.
de
Gavel-ote
de
redditu
venditis
.
de
Gavel-ote
de
redditu
de
Gablo
de
Avena
vendita
Customary
Tenants
quarters
sold
Martinus
Zeillerus
Et
Hugo
Linschoten
Introductum
est
vec●igal
H●s●ans
Datio
,
Redditus
,
Census
,
Tributum
,
Vectigal
,
Portorium
Impost
,
Custom
,
Tax
,
Toll
or
Tribute
Gabell
,
Gabella
,
Gablum
Gabella
,
as
Cassan
.
defineth
it
,
de
consuet.
Burg.
f.
Et
de
de
tribus
porcis
de
gablo
venditis
de
Gablo
for
Gables
A
Rent
Payment
made
Edward
Coke
That
bysome
,
Redditus
dicitur
à
redeundo
,
quia
retro
it
&
quotannis
reddit
,
&c.
for
reddendo
inde
,
or
reservando
inde
,
or
the
like
,
is
as
much
to
say
,
as
that
the
Tenant
or
Lessee
,
shall
pay
so
much
out
of
the
profit
of
the
Lands
;
for
,
reddere
,
nihil
aliud
est
quam
acceptum
aut
aliquam
partem
ejusdem
restituere
,
seu
reddere
est
,
quasi
retro
dare
;
and
hereof
commeth
redditus
,
for
a
Rent
Here
note
for
the
better
understanding
of
antient
Records
,
Statutes
,
Charters
,
&c.
that
do
signifie
a
Rent
,
Custom
,
Duty
or
Service
yielded
or
done
to
the
King
or
any
other
Lord
Domesdey
book
(
i.
e.
(
i.
e.
Edward
Coke
King's
Coffers
eleven
Pounds
William
de
Warene
Domesdey
book
Domesdey
book
red
it
de
Gablo
V
Consonant
Oriental
Languages
B
Masculine
V
Consonant
Duty
,
besides
,
over
and
above
,
food
;
Swine-gavel
Swine
.
Werke-gavel
Gabulum
mellis
,
*
*
For
before
that
Sagar
was
from
the
Indies
brought
among
us
,
the
use
of
Honey
was
frequent
instead
thereof
:
So
that
I
have
observ'd
in
some
very
antient
Rentals
,
as
great
a
proportion
of
Honey
as
there
would
be
required
of
Sugar
to
se●ve
such
a
Family
;
and
much
reserved
to
the
King
in
most
Counties
,
as
appears
by
Dom●sdey
.
Rent
Honey
King
Ina
Barley
,
Beer
King
Alured
bu
tan
ðaem
c●o●le
de
on
gafollande
rit
,
that
Country-man
Rented
Land
King
Aethelstan
ƿealisc
monnes
ꝧ
He
ðam
cyng
gafol-gyldan
maeg
,
Subsidy
man
King's
Books
King
Ina's
Laws
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
payes
Rent
ƿealH
gafolgylda
Hund
tƿ
lftig
●cill
,
Wallus
censum
pendens
annuum
,
&c.
tributum
,
&c.
A●●ales
Anglosaxoas
In
Bibliotheca
Cottoniana
,
Anno
Ða
ꝧ
gafol
gelaest
sae
&
frið
aþas
asporene
ƿaeson
þa
to
ferde
se
Here
ƿide
sƿa
He
aer
gegaderode
ƿas
.
Ða
bugon
to
þam
cynge
of
þam
Here
fif
&
feoƿertig
scypa
.
&
Him
beHeton
ꝧ
Hi
ƿoldon
.
þysne
eard
Healoan
&
He
Hi
fedan
sceolde
&
scƿydon
.
id
est
.
Tributo
soluto
,
&
amicitiae
juramentis
praestitis
,
excrcitus
,
ut
ante
erat
congregatus
late
dispergitur
.
Maneb
vit
vero
cum
Rege
ex
ipso
exercitu
quadraginta
quinque
naves
ipsique
side
datâ
promiserunt
se
Terram
hanc
d●fensuros
,
modo
eos
aleret
&
vestiret
Rex
.
Seld.
Mar.
claus
Gavel
;
for
one
thing
more
I
have
to
note
before
I
leave
that
with
it
fignifies
Rents
,
Services
or
Customs
by
this
time
the
Reader
is
satisfied
(
I
hope
touching
the
true
construction
of
or
how
ever
else
he
shall
chance
to
find
it
written
,
in
each
importing
Cens
,
(
i.
e.
)
a
Rent
,
either
in
Money
,
Provision
or
Works
.
gafol
Gablum
consuetudo
de
Gavelate
Service
with-held
,
denied
Edward
Coke
Gaveletum
,
is
as
much
as
to
say
,
as
to
cease
or
let
to
pay
the
Rent
;
Breve
de
Gavelleto
in
London
,
est
Breve
de
cessavit
in
Biennium
,
&c.
pro
redditu
ibidem
,
quia
Tenementa
fuerunt
indistringibilia
.
That
if
any
Tenant
in
Gavelkind
,
with-hold
his
Rent
and
his
Services
,
of
the
Tenement
which
he
holdeth
of
his
Lord
;
let
the
Lord
seek
by
the
award
of
his
Court
from
three
weeks
to
three
weeks
,
to
find
some
distress
upon
the
Tenements
untill
the
fourth
Court
,
alwayes
with
witnesses
;
and
if
within
that
time
,
he
can
find
no
distress
in
that
Tenement
,
whereby
he
may
have
Justice
of
his
Tenant
,
then
at
the
fourth
Court
,
let
it
be
awarded
;
that
he
shall
take
that
Tenement
into
his
hand
in
the
name
of
a
distress
,
as
if
it
were
an
Ox
or
a
Cow
;
and
let
him
keep
it
a
year
and
a
day
in
his
hand
,
without
manuring
it
;
within
which
term
,
if
the
Tenant
come
and
pay
his
arrearages
,
and
make
reasonable
amends
for
the
withholding
,
then
let
him
have
and
enjoy
his
Tenement
as
his
Ancestors
and
he
before
held
it
;
and
if
he
do
not
come
before
the
year
and
the
day
be
past
,
then
let
the
Lord
goe
to
the
next
County
Court
,
with
his
witnesses
of
his
own
Court
,
and
pronounce
there
this
process
to
have
further
witnesses
,
and
by
the
award
of
his
Court
(
after
the
County
Court
holden
)
he
shall
enter
and
manare
in
those
Lands
and
Tenements
as
in
his
own
;
and
if
the
Tenant
come
afterwards
and
will
re-have
his
Tenements
;
and
hold
them
as
he
aid
before
,
let
him
make
agreement
with
the
Lord
;
according
as
it
is
antiently
said
,
Nighesith
yeld
and
Nighesith
geld
Hath
he
not
since
any
thing
given
?
nor
hath
he
not
since
any
thing
paid
?
let
him
pay
for
his
errour
,
before
he
become
Tenant
or
Holder
again
.
See
hereof
,
Fitz.
Cessavit.
&
statute
of
Gavelet
in
London
.
In
the
Collection
of
Statutes
London
matter
much
tending
to
this
purpose
;
that
by
this
word
Gavelet
,
the
Lord
shall
have
the
Land
for
the
Ceasing
of
the
Tenant
.
Lambards
perambulation
let
,
hindrance
Gavel
,
Gable
gafol
,
gavel
,
gaful
,
and
gafel
,
King
Withreds
Henry
Spelmans
geƿ●●ic
gaful
To
be
short
Gafol
is
a
word
,
which
as
Gablum
in
Domesdey
book
,
the
skilfull
in
the
Saxon
tongue
(
with
Sir
Henry
Spelman
else
where
)
turn
by
what
Gabella
is
expounded
abroad
,
vectigal
,
portorium
,
Tributum
,
exactio
,
census
,
&c.
in
Latine
;
but
in
English
with
Verstegan
,
Tribute
,
Tax
or
Custome
,
whereunto
Mr.
Lambard
and
Sir
Edward
Coke
agree
Several
Deeds
cited
by
S.
that
have
their
examined
and
expounded
Term
proper
Thus
(
for
example
)
in
a
number
of
Deeds
and
Conveyances
,
which
I
have
seen
recorded
in
the
leiger-books
of
the
Cathedral
at
late
Abbey
there
;
phrased
all
of
them
after
this
manner
:
Tenendum
ad
(
or
,
in
)
Gavelikendam
,
&c.
and
to
Gavelkynd
Herbaldune
Hospital
(
and
to
Gavel-kynd
Peter
de
Bending
Reddendo
sibi
duos
denarios
,
&c.
Wiberto
infirmo
Hoc
concedunt
filiae
suae
Basilia
&
Hawisia
Almes
;
And
to
Gavel-kind
And
to
Gavel
kind
Gavelkind
?
The
Infirmes
septem
acras
terrae
meae
tenendas
in
Gavel-kynde
,
de
me
&
heredibus
meis
●●ber●
.
&
qui●●●
,
reddendo
inde
annuatim
,
mihi
vel
beredibus
meis
Ralph
Erone
Lawrences
Hospital
,
seven
Acres
five
Mark
in
perpetuam
Eleemosyndm
,
And
〈…〉
,
different
use
Jordanus
●e
S●res
Mannour
of
Cistelet
Theb.
de
Einesford
Sute
of
Court
at
Orpinton
Stephen
de
Kinardentone
Christ-Church
Canterbury
to
Joni
Osmundeseye
:
Tenend
de
nobissuccessivè
ad
Gavel-kynde
de
relevio
That
the
King
may
hold
Land
in
Gavel-kynde
.
That
the
King
holding
Land
in
Gavel-kind
,
in
case
he
shall
grant
it
away
to
any
Religious
House
in
puram
&
perpetuam
Eleemosynam
(
in
frank
Almoign
)
it
remaineth
notwithstanding
partible
;
as
before
it
came
to
the
Crown
;
in
their
hands
at
least
,
whom
the
Religious
men
shall
infeoff
with
it
.
contract
betwixt
persons
concerned
religious
Society
or
body
Some
offers
at
the
termination
(
Kind
)
affixed
in
Composition
to
the
word
Gavelkynd
is
a
word
compounded
of
Gavel
and
Kynd
;
the
latter
Syllable
whereof
commeth
,
and
is
contracted
of
the
Saxon
word
,
gecynde
which
by
several
good
Authors
is
rendred
,
Nature
.
Gavel
is
the
main
part
of
the
word
give
to
all
the
Kindred
distantial
relation
Sanguine
conjuncti
part
Lands
another
Brother
(
Kynd
Doctor
Powel
Cambrian
History
Here
I
think
fit
to
say
somewhat
of
the
Custom
and
Tenure
of
&c.
that
is
the
Division
of
the
Father's
Inheritance
among
all
the
Sons
,
commonly
called
Gavel-kynd
large
Characters
Princeps
Generationis
aut
familias
Got
of
the
Sea
Arch
Heretick
Welsh
name
antient
Gallick
terms
of
Law
Welsh
Vocabulary
King
Edward
Durham
,
Dunholne
,
Dorchester
Saxon.
Chester
Latin
Castrum
Saxon
termination
Roman
Fortifications
Saxon
intermixtures
our
Word
Saxon
affix
Genus
humanum
aut
natura
British
Gavel
,
common
Tenure
Greek
word
Concerning
the
German
and
their
ignorance
of
partible
Tenure
That
,
such
is
the
nature
and
condition
of
Gavelkind-land
;
being
not
only
subject
and
lyable
to
what
the
in
their
phrase
are
wont
to
call
Judicium
;
or
Actio
familiae
herciscundae
,
de
communi
dividundo
;
the
●eudists
,
Adaequatio
,
Paragium
;
we
in
our
Language
call
it
Coparcenary-land-shifting
,
and
the
like
.
But
withall
so
subject
to
it
,
as
that
Partition
doth
always
accompany
Land
of
that
nature
;
and
is
indeed
as
inseparable
from
it
,
as
the
contrary
from
Knights-service-land
.
young
Twiggs
Branches
,
Shoots
the
Land
belonging
unto
the
young
Twiggs
or
Branches
of
a
Family
or
Generation
When
and
for
what
Reasons
Primogeniture
had
the
preference
.
viz.
The
Conqueror
consented
to
the
succession
of
the
Eldest
Son
alone
,
partly
for
his
own
and
the
Realms
better
defence
and
strengthning
,
and
partly
for
the
upholding
and
maintenance
of
Gentile
familyes
.
Norman
Conqueror
West-Saxen
laege
,
Dane-laege
Edward
Coke
that
in
King
time
,
Knights
fees
descended
to
the
Eldest
Son
,
for
that
by
division
of
such
fees
between
Males
the
defence
of
the
Realm
might
be
weakned
heir
Males
Edward
Coke
military
settlements
he
introduceth
Glanvill
Cum
quis
haereditatem
babens
moriatur
,
&c.
si
plures
reliquerit
filios●
;
tunc
distinguitur
,
*
*
Judge
Dodaridge
in
his
Treatise
of
Nobility
,
p.
119.
saith
:
It
was
antiently
ordained
,
that
all
Knights
fees
should
come
unto
the
Eldest
Son
by
succession
of
Heritage
,
whereby
he
succeeding
his
Ancestors
in
his
whole
inheritance
might
be
the
better
enabled
to
maintain
the
Wars
against
the
Kings
Enemies
,
or
his
Lords
.
And
that
the
Soccage
Fee
should
be
partible
among
the
male
Children
to
enable
them
to
encrease
into
many
families
,
for
the
better
furtherance
in
and
increase
of
Husbandry
,
haec
.
ex
.
Sr.
I.
Coke
.
utrum
ille
fuerit
miles
sive
per
feodum
militare
tenens
,
aut
liber
Sockmannus
,
quia
si
miles
fuerit
aut
per
militiam
tenens
,
tunc
secundùm
jus
Regni
Angliae
Primogenitus
filius
Patri
succedit
in
toto
,
&c.
Si
verò
fuerit
liber
Sockmannus
,
tunc
quidem
dividetur
haereditas
inter
omnes
filios
,
&c.
Civil
Law
Edward
Coke
Armes
;
for
they
descend
to
all
the
Sons
,
every
Son
being
a
Gentleman
alike
;
which
Gentry
and
Armes
do
not
onely
descend
to
all
the
Brethren
;
but
also
to
all
their
posterity
:
but
the
eldest
shall
bear
as
a
badge
of
his
birth-right
his
Fathers
Armes
without
any
difference
Sectione
—
he
is
the
more
worthy
of
blood
;
but
all
the
younger
Brethren
shall
give
several
differences
;
&
additio
probat
minoritatem
.
military
services
William
the
Conqueror
William
the
Conqueror
Henry
the
third
Partition
of
Lands
by
the
Saxon
Laws
;
those
Lows
continued
and
confirmed
after
the
Conquest
;
the
correspondence
and
progression
of
the
British
Language
.
Military
Tenures
it
is
true
and
not
to
be
denied
,
that
by
the
Laws
of
inheritances
were
partible
;
but
how
?
it
may
be
equally
(
like
our
Gavel-kind
)
but
it
is
not
so
expressed
,
nor
do
the
words
inforce
it
.
It
s
ordered
there
indeed
,
that
a
partition
of
the
estate
be
made
,
in
the
one
,
between
,
or
among
the
Wife
,
Children
,
and
next
of
Kin
by
the
Lord
;
in
the
other
by
the
Heirs
among
themselves
;
in
both
not
sƿiþe
emne
,
or
,
rsiþe
,
efen
,
equally
;
but
fsiþe
riHte
in
the
former
more
explicitely
thus
;
elcum
.
be
þaer
maeꝧe
,
i.
e.
(
according
to
the
old
version
in
unicuiquesecundum
modum
,
qui
ad
eum
pertinet
.
Here
is
now
no
equal
division
spoken
of
,
no
equalling
the
younger
with
the
elder
Brethren
,
or
the
like
;
but
the
estate
is
to
be
shifted
rƿiþe
riHte
,
according
to
right
,
justly
,
or
if
you
will
(
after
the
old
version
of
the
latter
Law
in
being
the
same
verbatim
with
that
in
elsewhere
)
rectè
:
every
one
to
have
his
due
,
haply
after
a
Geometrical
,
not
Arithmetical
proportion
.
saith
that
it
is
not
to
be
denied
but
that
they
were
so
;
by
the
Laws
of
King
Kentish
Gavel-kynd
equal
Portions
partible
Tenures
equal
Portions
Saxon
Kings
King
Canutus
ðaem
Halga●
midƿintres
tid
Ðis
is
ðonne
seo
ƿorldcunde
gerednes
.
ðeic
ƿille
mid
minan
ƿitenan
raede
.
ꝧ
Heald
ofer
eal
Englaland
This
is
then
the
worldly
behest
;
that
by
the
counsel
of
my
Wise
men
,
that
men
hold
over
all
England
Universal
extent
whole
Kingdome
beo
be
His
diHte
seo
aeHte
gescyft
sƿiþe
siHte
,
þife
,
&
cildan
,
&
neh
magon
,
aelcum
be
ðaer
maeþe
de
Him
togebyrige
,
And
by
his
judgment
let
the
Estate
be
shifted
(
or
rather
divided
)
according
to
right
;
Wife
,
and
Children
,
and
next
of
Kinn
,
to
each
one
according
to
that
proportion
that
belongeth
to
them
Saxon
word
Army
before
Lord
,
Dye
fighting
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
paternal
Lands
William
the
Conquerour
confirm'd
dying
Intestate
in
Battel
some
such
suddain
Chance
proper
Chanel
these
occasions
natural
course
King
Alfred's
time
other
Lands
Testaments
or
Deeds
Partition
or
Dividing
a
Division
of
parts
Saxon
Laws
Glossators
judgment
Saxon
Land-shifting
Couched
there
Welsh
Laws
common
Laws
Davies
his
Reports
Irish
custom
de
Gavel-kind
Irish
know
Davies
denominates
British
Etymology
thereof
Seld.
Mare
Claus
Britain
,
Hiberma
observantes
à
loco
lineae
aequalitatis
herarum
,
eam
determinari
deprehenderunt
In
co
Marc
Claus
Base
Brytany
At
Mor
Isle
of
Man
Isle
(
a
Menavian
High-land
Scots
Dialects
intelligibly
Originals
,
Customs
That
in
the
Term
is
not
Partition
;
Of
free
Socage
and
other
Customs
;
concerning
extra
Cantium
;
of
the
Antiquity
of
the
Laws
of
Genus
Gabli
,
vel
redditus
Our
next
enquiry
shall
be
whether
Partition
owe
it self
to
Gavelkind
;
either
ex
vi
Termini
or
ratione
rei
?
and
gives
his
opinion
with
me
,
that
ex
vi
Termini
,
partition
doth
not
owe
it self
to
Gavel-kynd
partible
Gavel-kynd-land
use
and
force
by
Sir
Edward
Coke
Parceners
per
le
Custome
;
for
Sons
Sir
Edward
are
Parceners
in
respect
of
the
Custom
of
the
Fee
or
Inheritance
,
and
not
in
respect
of
their
persons
,
as
Daughters
and
Sisters
be
,
&c.
such
Lands
Partition
,
Liberi
Sokemanni
preference
of
Primogeniture
Socage
Lands
partible
Land
Military
fees
eldest
Son
William
the
Conquerour
Military
tenure
inferrs
Partition
common
Law
Caelestial
degrees
genuine
Etymology
Gavel-kynd
Land
Tenures
derivation
regular
participation
Sir
*
*
Lib.
2.
Sect.
165.
Edward
Coke
main
Triangles
Common-law
,
Statute-law
Bracton
;
Sicut
de
Gavel-kynd
vel
ALIBI
,
ubi
terra
est
partibilis
,
&c.
Chamberlains
Office
Exchequer
.
Placita
coram
Rege
.
Anno
Term.
Hillar.
Norfol.
Asss.
in
qua
Johs
Buxkyn
chr.
profert
scriptum
relaxationis
Johis
de
Pickering
,
&
Willielmi
fratris
ejus
Gallicè
factum
de
medietat
.
Mess.
&c.
&
We
are
told
that
this
Custom
of
Gavelkynd
Partition
takes
place
(
hath
done
at
least
)
in
other
Counties
Sir
Edward
Coke
Littleton
:
En
le
Countie
de
Kent
,
for
that
in
no
County
of
Lands
at
this
day
be
of
the
nature
of
Gavel-kind
of
common
right
,
saving
in
only
;
But
yet
in
divers
parts
of
within
divers
Mannours
and
Seigniories
,
the
like
Custom
is
in
force
no
County
common
right
of
common
right
common
Right
common
Law
common
Law
County
,
Hundred
common
Right
common
Law
common
Right
We
are
told
What
custom
I
pray
Custom
of
Gavelkind
partition
Littleton's
words
Auxy
tiel
custome
est
en
autres
Lieux
Dengleterr
.
&
auxy
tiel
custome
est
en
North-gales
,
&c.
Also
such
Custom
(
he
writes
of
Parceners
by
Custom
,
which
is
Gavel-kind
there
)
is
in
other
places
of
and
also
such
Custom
is
in
North-wales
,
&c.
which
is
one
mark
of
the
antient
Brittons
,
were
of
the
nature
of
Gavel-kind
;
for
that
by
their
Brehon-law
,
the
Bastards
inherited
with
their
Legitimate
sons
;
but
as
to
the
Bastards
,
that
Custom
was
abolished
.
Edward
Coke
antient
Brittons
Edward
Coke
British
and
Hybernian
Laws
Norman
Kings
Edward
the
Confessour
Edward
the
Confessour
same
Laws
Grand-father
Edgar
,
&c.
Lancarvan
,
Lloyd
Mulmutius
Dunwallo
lib.
1.
lib.
1.
dda
,
i.
e.
the
good
of
Christ
new
Laws
Cambrian
History
That
he
did
reform
the
Laws
and
Customes
of
Wales
:
alteration
or
innovation
these
had
in
charge
to
examine
the
old
Laws
and
Customes
of
Wales
,
and
to
gather
out
of
those
,
such
as
were
meet
for
the
Government
of
the
Countrey
;
who
fully
did
discharge
their
Commission
;
thus
:
in
reteining
those
that
were
wholsome
and
profitable
:
expounding
the
ambiguous
and
doubtfull
;
and
abrogating
the
superfluous
and
hurtfull
.
reteining
,
expounding
Julius
Caesar
antient
constitutions
,
Laws
Mulmutius
Dunwalle
M
S.
initial
Letters
Tenure
of
Partition
best
beast
best
bed
best
table
best
dish
caldron
,
hatchet
youngest
Son
eight
acres
Gavel-kynd
custome
true
,
plenary
compleat
acception
true
,
plenary
compleat
acception
extra
Cantium
The
Changes
very
considerable
from
the
Tenure
of
Villenage
to
the
Tenure
of
'T
is
true
indeed
at
this
day
and
time
out
of
mind
(
haply
from
Richard
the
seconds
time
)
such
servile
works
(
properly
called
villein-services
)
have
been
,
as
they
still
are
,
intermitted
,
or
rather
quite
ceased
;
insomuch
as
all
our
Gavel-kynd-land
,
in
point
of
service
,
now
differs
nothing
from
free
Socage
:
being
such
ubi
fit
servitium
in
denariis
.
Villenage
Tenures
less
servile
in
erpretation
Genus
gabli
aut
redditus
Eastry
Mannour
in
Kent
in
Gersum
Tenure
Villeins
in
Gavelkind
den
.
de
Gablo
den
.
de
Gablo
den
.
de
Gablo
den
.
de
Gablo
&
d●
de
fine
Cotariorum
,
ut
Coteriae
suae
ponerentur
adredditum
Gavel-kind
in
when
the
English
tongue
and
the
Customes
were
first
planted
in
That
the
Tenure
of
in
other
Countreys
besides
Kent
,
is
a
custome
indeed
;
but
yet
like
to
that
in
Scottish
Socage
Land
;
to
which
he
produceth
as
a
Test.
Skenaeus
.
Scottish
Socage-land
John
Skene
Gif
ony
man
deceasis
,
&
leavis
behind
him
maa
Sons
nor
ane
,
either
he
is
Succomaanus
,
&
haldis
not
his
Lands
be
service
of
Ward
;
and
then
his
Heretage
is
divided
amangst
all
his
Sonns
,
or
he
is
miles
—
la
the
quhilk
case
,
the
eldest
Sonne
succeedis
in
the
ha●
Lands
;
quhilk
heretably
perteined
to
his
father
,
&c.
Saxon
converse
Eastern
parts
Cornwall
,
Wales
Scottish
Highlands
Base
Britainy
Mr.
S.
Saxon
Customes
Malcolm
Canmoir
King
of
Scotland
William
the
Conqueror
Scotc●
King
Margaret
Sister
Edgar
Etheling
Bishop
of
Rosse
Calder
,
Lokert
,
Gordon
,
Seaton
,
Lauder
,
Waun
,
Meldron
,
Shaw
,
Lermount
,
Libertoun
,
Straquhin
,
Rettraye
,
Dundas
,
Cockeburne
,
Myrtom
,
Inglis
,
Leslye
,
Cargill
,
Cuilra
,
Mar
,
Menzeis
,
Abercrumy
,
Lindsay
,
Vaus
,
Ramsay
,
Loval
,
Torris
,
Preston
,
Sandelandis
,
Bissat
,
Foullis
,
Wardlou
,
Maxuell
,
&c.
David
〈◊〉
first
,
in
the
third
zier
of
his
Reight
,
Ann
Dom.
Be
his
Charter
maid
gave
to
St.
and
his
Mo●ks
in
the
Laods
of
Picts
Coasts
Scottish
tongue
Scottish
History
John
Lesley
Bishop
of
Rosse
Mary
Queen
of
Scots
Queen
Elizabeth
Brittish
inhabitants
Germanus
Kennethi
&
Hit
begyrde
&
gefaestnade
mid
●ice
&
mid
eorþƿealle
,
f●
am
sae
to
ƿae
,
V●llum
Severi
Dun
a
paix
the
Hill
or
Memorial
of
peace
Deus
Terminus
Southern
parts
privileged
Lands
Villenage
;
the
meaning
of
it
,
the
antiquity
thereof
.
Of
the
antient
words
,
Clown
,
Pagan
,
Knave
.
Of
Surnames
;
of
Draitons
Poly-olbion
Austins
Chronicler
Norman
Conquerour
M
S
Chartulary
Thomas
Cottons
Library
Kentish
Survey
Norman
Conquest
Elder
times
later
Days
Lord's
use
one
that
inhabits
or
lives
in
a
Village
.
Ethnical
Religion
Cultivers
de
fief
demorants
en
villages
uplande
;
car
de
vill
est
dit
villeine
Domesd
y-book
term
Villanus
Norman
Conquest
as
afore-time
the
Saxons
had
their
Ceorles
,
Gebures
,
Polcmen
,
&c.
so
afterwards
the
Normans
their
Villani
,
Bordmanni
,
Cotarii
,
&c.
the
Demesnes
that
Lords
kept
in
their
hands
,
to
the
maintenance
of
their
Board
or
Table
That
Fee-simple
,
Fee-tayl
,
Fee-farm
,
Grand
&
petit
Serjeanty
,
Escuage
,
Burgage
,
Villenage
,
&c.
being
all
of
the
plantation
;
and
we
by
them
at
least
since
their
Conquest
of
us
brought
acquainted
with
them
,
&c.
(
Fee
)
Minshew
our
antient
Lawyers
,
either
not
observed
from
whence
the
word
grew
,
or
at
least
not
sufficiently
expressed
their
knowledge
,
what
it
signified
among
them
from
whom
they
took
it
.
Feudum
,
signifieth
in
the
Language
,
*
*
In
like
manner
doth
Mr.
S.
labour
to
deduce
it
from
a
Saxon
original
,
p.
107.
Beneficium
cujus
nomine
opera
quaedam
gratiae
testificandae
causa
,
debentur
by
this
name
go
all
Lands
and
Tenements
that
are
held
by
any
acknowledgment
of
any
superiority
to
any
higher
Lord
;
so
is
all
the
Land
in
(
except
the
Crown
land
)
held
,
that
is
of
Feudum
or
Fee
:
for
he
that
can
say
most
for
his
Estute
,
sayeth
but
this
;
Seisitus
inde
in
Dominico
meo
which
is
,
I
am
seised
of
this
or
that
Land
or
Tenement
in
my
demain
which
is
no
more
than
if
he
should
say
,
It
is
my
Demain
or
proper
Land
after
a
sort
,
because
it
is
to
me
and
my
Heirs
for
ever
;
yet
not
simply
mine
,
because
I
hold
it
in
the
nature
of
a
benefit
from
another
:
Higher
and
lower
Germanyes
grand
&
petit
Serjeanty
Saxon
Kings
Norman
Conquest
Lambards
Perambulation
Norman
Conquest
King
Ina's
Laws
Domesdey
Book
Survey
Edward
Coke
de
Villis
Edward
Coke
King's
Villain
Nobleman's
Villain
Captivus
si
movetus
in
Swyd
de
officialibus
:
Swyd
dignitas
,
dignity
Gentleman
.
Secundus
,
filius
villani
si
sit
clericus
(
our
common
Law
Civil
Law
Common
Law
Clergy
man
Odin
Regis
dimid.
libre
.
Optimatis
den
.
Villani
Regis
den
.
Villani
Optimatis
Norman
Conquest
Dutch
word
Boer
Saxon
Pagan
King
Ina
Term
Knave
M
S.
Obit
.
Eccles.
Heref
penes
Authorem
.
Paul
Obit
book
Simon
Gods-●nave
the
Servant
of
God
.
Trās
Tenentes
Roger
God
save
the
Ladyes
(
in
earnest
that
's
a
hard
word
)
sed
vid.
Seldeas
service
of
the
Plough
Soca
is
a
word
signifying
a
power
or
liberty
of
Jurisdiction
,
as
appeareth
by
these
words
out
of
Bracton
;
sunt
quidam
Barones
,
&
alii
libertatem
habentes
,
scil.
hath
liberty
of
sinning
without
punishment
.
King
Alureds
Laws
King
Edmund
Terra
Rogeri
Bigoti
Roger
the
Zealous
T.
R.
E.
Sac
(
Sacha
vel
Sacca
)
Minshew
signifie
a
Royalty
or
privilege
touching
plee
or
correction
of
Trespasses
of
men
within
a
Mannour
that
he
was
informed
that
this
word
(
Sac
)
in
the
Saxon
Tongue
,
doth
properly
signifie
as
much
as
(
Causa
with
the
Latines
)
Sake
;
whence
we
in
English
still
retain
that
expression
;
for
whose
sake
,
&c.
that
is
for
whose
cause
Edward
the
Confessour
M
S
book
M
S.
Registred
several
Donations
Cathedral
Church
Edward
the
Confessour
Cum
Saka
&
cum
Sokna
red
Letters
Equitur
expositio
illorum
Terminorum
Soka
&
Saka
.
liberty
of
Holding
Pleas
imposing
Mulcts
forfeitures
upon
Transgressors
lin.
ult.
for
for
ʒip
r.
ʒif
p.
In
the
Latine
Nobilissimo
Comite
Normannorum
,
Quis
fuit
&
unde
Originem
duxit
,
&c.
Temp.
Hen.
Primi
Guil.
Wilson
Johanne
Starkey
TUam
erga
me
beneficentiam
,
licèt
pensare
nequeam
,
lubens
tamen
recognosco
Libellum
hunc
Tuo
mihi
Honorato
perinde
&
charo
inscribere
ausim
.
Inter
Quisquilias
justò
diutiùs
Blattis
&
Tincis
damnatum
,
fortuitò
inveniens
;
tandem
emancipavi
.
Vetus
hujus
prece
tamen
quatuor
aut
quinqae
circiter
ab
hinc
retro
annos
seposui
;
Quod
patrocinio
tuo
simul
ac
luce
jam
primum
gaudet
:
Nihil
illi
subtraxi
,
nihil
illustrationis
penò
addidi
,
nihil
deniquè
praeter
transcribendi
cur●●
mihime●
arr●●o
.
Argumentum
minimè
vulgare
continet
,
Genium
mihi
quamvis
Monasticum
videtur
redolere
;
verbis
enim
nonnullis
obsoletis
,
&
Nugis
(
quamquam
paucis
)
coinquinatum
est
:
veru●●●men
quia
.
Tractatui
praecunti
Taedam
quasi
praefert
,
comitem
eidem
&
socium
manumissione
liberum
reddidi
.
irca
medietatem
(
uti
suspicor
)
compositum
&
collectum
erat
;
ut
patet
ex
animadversionibus
de
captivi●ate
fratris
ej●s
,
cum
ducti
&
incarcerati
:
sub
fine
enim
hujus
libelli
de
eis
scriptum
est
:
&
paulo
inferiùs
Insuper
;
ut
Animi
mei
specimen
,
in
hujusmodi
venerandarum
reliquiarum
(
Diù
nimis
temporum
injuria
neglectarum
)
à
Tenebris
vind
catione
,
exhibeam
;
hoc
pignus
&
Arrham
libenter
tradidi
.
Interim
vale
:
ejusque
votis
fruere
;
cui
nihil
est
antiquiùs
quam
ut
vivere
possit
,
Musellas
&
Tributum
quia
per
animam
ventris
mei
Balduini
Comitis
de
Flandria
Normannos
Willelmus
OCULUM
BOVIS
Scm
Paulum
Domini
Millesimo
,
Sexagesimo
,
Sexto
,
Anglis
&
Danis
Heraldi
Standartrum
Norhmanni
&
Angli
Pridie
idus
Octobris
Erancis
&
Anglic
Northmannia
in
Angliam
Willie
lmus
Scī
Stephani
Cadomi
Berengarii
,
conantis
Normannia
Rodbertum
Beati
Petri
Apostoli
Stephani
Prothomartyris
Norhman
ia
Normannie
Jerusalem
Henricus
Anglorum
Angliam
Rodbertum
Brittan●ia
;
Abrincas
Norhmanniam
Dani
Francie
Feudiam
veniens
in
Matildi
Comitatum
Cantie