Kingdome of Kent concerning Ethelbert the fourth King after Hengist of whom he useth these words This Noble King having a care for them that should come after brought the Laws of his Country into their own Mother tongue Observe here that by this time from the Saxons first arrival it is probable the Kentish spake the Saxon tongue their Language before was British with the rest of the Island the Country of King Ethelbert was Kont and his Mother tongue was Saxon now Ethelbert finding the Laws of his Country British the Saxon tongue generally spoke brought those Laws out of British into Saxon and this is the naked meaning of it I find * Bedas Eccl. Hist l. 2. cap. 5. ait Ethelbertum Cantiae Regem scripsisse idiomate Saxonice libellum cui nomen indidit DECRETA JUDICIORUM atque judicia illa vel sua memoria tradit suisse observata Aluredus in praefatione legum satetur se ex Ethelberto sumpsisse nonnulla Quid plura Asserius Menevensis olim Aluredo REgi familiaris prodit ipsum Regen Saxonicis mandasse literis JUDICIORUM DECRETA verum ad nos non pervenire injuria temporum this out of the Glossary to the Saxon Laws under this word LIBER JUDICIALIS reference in several places of the Saxons Laws to an Older Book of Laws as if these were but only Excerptions out of it as in the fifth Law of King Aethelstan de irruptione in Templum it is said Triplicis Ordalii sententia convincatur is prout in Libro habetur judiciali compenfato and this in the Saxon is called Dom-boc not of the same nature as the Domesday we have in the Exchequer of which sort Writers do also mention a former both of them being only Surveys or Descriptions of Lands but a Book of Judgement for so doth Doom signifie in the Saxon tongue The like I find in the fifth Law of King Edgar where it is provided that he that doth not observe the Lord's Day funnan dae ges poenas in Judiciali libro descriptas pendito so likewise in the eighth of King Edovards Laws Si quis c. is etiam id compensationis quod in Libro judiciali continetur praestato * Leges Molmutii Duawalloâ—is Gildas Cambrius in Latinum sermonem transtulit Alphredus Magnus in Saxonicum Balaeus in vita ejusdem Molmutii which Book I suppose contained their antient Laws translated out of the British though perhaps since the receiving of Christianity intermingled with much of the Mosaical-Judicial-Laws introduced both by the Brytains and the Zealous-Primitive-Christian-Saxon Kings to which Laws and perhaps may be the effect thereof Eleutherius the Pope or Bishop of Rome counselled and referred Lucius the Brytain long time afore this Age we are now writing of I am not ignorant that they had diversities of Laws as they are improperly called viz. Merchenlaege Westsaxonlaege and Danelaege which not at all relate to a different Law Kind Custom or Usage but to several sorts of Amerciaments Mulcts and Fines for the transgression of one and the same Law I say this was generally so and so is it to be understood in the second of King Alured's Laws in the case of such as violate Sanctuary and is this Mulcta vel ipsa capitis aestimatione prout ejus gentis feret consuetudo c. This difference of Fines and Pecuniary impositions I find frequently but very little besides which is also all the impression that I can perceive the rude Danes made upon the English in relation to their Laws for during their times Edward the Confessour looks not at all upon the Laws as altered but saith they were asleep for above threescore years as in a Discourse concerning them he hath it and magnifies them so highly that in his Restoration of them he would have them thought to be very Antient though he reports them made by his Frand-father * Omnes proceres regni milites liberi hominâ—s univâ—â—st totius regni Britanniae facere debent in pleno folcmote fidelitatem domino Regi coram Episcopis regm Hanc legem invenit Arthuruâ— qui quoadam suit inclytissimus Rex Brytonum ita consolidavit confoederavit regnuâ—n Britanniae universum semper in unum Hujus legis authoritate expulit Arthurus praedictus Saracenos inimicos a Regno lex enimista diu sopita fuit sepulta donec Edgdrus Rex Anglorum illam excilavit c. In leg 35. Edovardi Confessoris Edgar by which he labours to put a repute upon them for Edgar was a Wife and Prudent Prince and did urgently press the Execution of them so that King Edward ascribes them unto him as these very Laws after the Norman Conquest were called the Laws of Holy King Edward and are the same that the Saxon Kings before Edgar did use notwithstanding all which when he comes to the Corroboration of the Privileges and Immunities of the Antient City of London as to their Husâ—â—ings and other Courts he declares the Antiquity of them to be far greater than the Reign of King Edgar and I believe are co-etanious with the antient British Laws if we should grant and allow the same Antiquity to Towns and Cities with the first planting of the Isle he saith Debet etiam in London quae est caput Regni Legum semper curia Domini Regia singulis septimanis die Lunae Hustengis sedere 〈◊〉 â—â—nd at a enim erat olim aedisicata ad instar ad â—â—â—dum in memoriom veteris Magnae Trojae ufque in bodiernum diem leges jura dignitates libertates regiasque consuetudines untiquae magnae Trojae in se continet consuetudines suas una semper inviolabilitate coâ—servat Here I shall observe that as well as London enjoyed her Privileges and Immunities not at all infringed from so great Antiquity notwithstanding the several revolutions under the Dominions of the Romans Saxons and Danes other places of the same Island might also probably enjoy the same favour and hold their Customs Laws and Tenures from as great Antiquity but I have done with this revolution let us now enquire what probability we have to believe that CHAP. IV. William the Conquerour altered not but confirmed the Saxon Laws The antiquity and different use of Juries English claim and recover their Lands by Law against the Normans Of our common Laws our Customs Forfeitures Sealing Coverfeu Exchequer Fashions Language Writing manner of Fights Fortifications and Buildings HAving passed through these mists and clouds of Elder Times let us now come to see what loss or alteration in relation to our Laws and Customs we received by the * The Denominations here of William the first by Conquestor or Conquerour and this the Norman Conquest have stumbled many looking upon it as if it carried with it the enslaving of the Eaglish by his Victorious success over Harald and so are loath to afford it any Courteous reception
Britains Fol. 14 Repulsed by the Britains ibid. He Conquered not Britain ibid. Calumniare in Law what Fol. 65 Camolodunum Fol. 34 Cambria Camber Cwmrt Cwmraeg Fol. 86 Cantref what Fol. 96 Canutus his Laws of Partition Fol. 141 142 143 Caractacus Prince of the Silures Fol. 34 He asserts the British Liberty ibid. His Protestation before Battel ibid. Castles on Borders of Scotland c. Fol. 79 Cattel of more Valew than Land Fol. 28 Cattel dischaged Fines Amerciaments Fol. 29 Cerdiford in Hampshire out of Domesdey Fol. 65 Cennedl what Fol. 132 Characters of Saxon Fol. 76 Charters of Saxon signed by the Norman Kings Fol. 76 Changes from Villenage to Gavelkind Fol. 157 158 Chief Justice Fol. 69 Chiefs in Urchenfield Fol. 110 Chedder in Somersetshire Fol. 117 Children no Kindred to the Parents Fol. 131 Churle what Fol. 168 Cities their Original Fol. 7 Claudius his Temple Fol. 34 Claim and Recovery of Lands against Normans Fol. 65 Clergy-men Gentlemen by the Welsh Laws Fol. 173 Clown or Colonus what Fol. 168 177 Cohabitancia what Fol. 7 Conan Tindaethwy Fol. 26 Conquest and Conqueror what Fol. 56 Coverfeu Fol. 74 Constantine the Great Fol. 87 Common Laws Fol. 69 145 Counties not antiently in Wales Fol. 94 Competition betwixt Kent and Urchenfield Fol. 106 Cornish understand base British and Welsh Fol. 146 Cottagers and Cottages what Fol. 169 Cuntune in Hampshire Fol. 66 Customs that are antient Fol. 70 150 Customs of the Welsh Fol. 71 132 Cwmmwd what Fol. 96 Custom and Common right Fol. 152 D. D. DAvies his Welsh Dictionary Fol. 98 Danelaege what Fol. 54 57 58 Danish impression on our Laws Fol. 54 55 Daniel Samuel examined Fol. 57 Deeds for Gavelkind Fol. 124 125 126 Deeds explained produced by Mr. S. ibid. Discourses Polemical much irregular Fol. 3 Divisions intestine facilitate Conquests Fol. 16 Division of Wales Fol. 96 Domboc what Fol. 53 54 Domesman what Fol. 110 111 Donald the 5th lost Scotland to the Saxons c. Fol. 163 164 Ãâ—pihinge what Fol. 70 Druids Fol. 16 The British Judges Fol. 17 Their Learning ibid. Their judicial employments ibid. Their determinations of right ibid. Caus'd execution of penal Laws ibid Britain their Gymnasium Fol. 17 They cease Fol. 19 Dubritius Prince and Bishop Fol. 90 Dûn what it signifies Fol. 116 Dun a paix in Scotland Fol. 165 166 Dutch Landscheuten what Fol. 136 137 E. EDgar King his Laws what Fol. 54 55 Confirmed by the Conqueror Fol. 58 Edgar Etheling Fol. 60 Edlin expounded Fol. 49 Edward King his Laws Fol. 55 Confirmed by the Conqueror Fol. 58 59 Edward King his Laws concerning the Welsh Fol. 51 52 Edwin and Morchar Earls Fol. 6â— Edric Silvaticus or Salvage Fol. 7â— Eldest Son among the Britain Fol. 49 English recover Lands againsâ— the Normans Fol. 65 66 English Normaniz'd Fol. 76 England Fol. 87 English setled in Scotland Fol. 162 Engin or Urchinfield their Kings Fol. 44 45 Errors once received and taken for granted Fol. 2 Erdisley in Herefordshire Fol. 79 Escuage antiently Fol. 171 Ethelbert King his Translation of the Welsh Laws Fol. 53 Ethelred King his Laws of Tryal Fol. 64 Eubages British Philosophers Fol. 20 Exchequer when erected Fol. 74 F. FAshions Saxon and Norman Fol. 74 75 Fealty or Allegiance very antient Fol. 55 Fee feudum or feodum what Fol. 170 171. Fee-tayl its original Fol. 170 Feminine conduct amongst the Britains Fol. 33 Feofamentum vetus novum Fol. 140 Fighting forms chang'd by the English Fol. 77 For-gavel Fol. 118 Fortifications of Romans Saxons and Normans Fol. 77 78 79 Forfeiture of Lands upon what Grounds to King William Fol. 67 68 Fortalices Fol. 79 Fortified houses antient ib. Foster-children in Wales divided with Foster-brethren Fol. 28 Free-men or liberi homines what Fol. 108 French do use partition Fol. 11 French tenure of partition Fol. 12 French how used in our Laws Fol. 69 G. GAbles Gablum Gabulum what Fol. 113 114 115 Gabelle among the French Fol. 114 Gablum signifies rent Fol. 116 117 158 159 Gablatores Fol. 117 Gabella Fol. 123 Galfridus Monumethensis defended against Polydore virgil Fol. 83 Gallick customes Fol. 11 Gallick colonyes Fol. 12 Gavel as Mr. S. expounds it what Fol. 112 Gavel-Gyldam Fol. 119 Gavel-man Fol. 120 Gavelate a Writ Fol. 121 122 123 Gavel in denominations Fol. 89 90 In the British Dictionary Fol. 92 What it signifies Fol. 92 93 Not imposed by the Normans Fol. 95 Used in VVelsh subdivisions of Lands Fol. 96 Several sorts of Gavels Fol. 102 103 VVelsh Laws for Gavel-kynd Fol. 103 104 105 106 Gavel-kynd a mark of the Antient Britons Fol. 152 153 The hinge of the British Laws Fol. 155 156 Gavelkind in Scotland Fol. 159 Gavelkind Throughout the Kingdome of England Fol. 4 In all first Plantations Fol. 5 Antiquity of it Fol. 18 137 Among the Princes of VVales Fol. 24 The signification of it Fol. 26 The evill and mischief of it Fol. 27 81. The best use of it Fol. 27 That it is extra Cantium Fol. 89 151 Gavelkind in the Term owes it self to partition Fol. 149 Gavelkind in the Statute of VVales Fol. 98 Practised in Urchenfield Fol. 100 Held rent free Fol. 123 124 Gavel-kind Lands in the King Fol. 128 Granted to Hospitals how Fol. 124 128 129 Granted to Religious Societies Fol. 129 Not to be forfeited for Felony Fol. 106 107 Garrison of Normans in Hereford before VVilliam the first Fol. 78 Gentlemen by the British Laws Fol. 172 173 German Customes antiently Fol. 7 German partition in Principalities Fol. 9. 137 German partition in private Estates Fol. 9 German partition evicted by a jest Fol. 9 10 German Landscheutan what Fol. 136 137 Give-all-kynne Fol. 130 131 Gildas Camberius translated Molmutius Laws into Latine Fol. 154 Glamorganshire Conquered Fol. 94 Gothick work used by the Saxons Fol. 80 Guorongus Vice-Roy of Kent Fol. 41 Gueily-gord what Fol. 105 Gymnasium of the Druids was in Britain Fol. 17 H. HAcana and Westanheconi what Fol. 44 45 Hecanae VVulfhardus Episcopus Fol. 44 Hengist and Horsus Fol. 37 Hengists reception of Kent examined Fol. 37 c. How Hengist had Kent Fol. 45 He altered not the Kentish Laws Fol. 49 Heutland Fol. 90 Henry the first commands the observation of King Edwards Laws Fol. 61 His Laws of partition Fol. 144 Hereditary succession amongst the Britains Fol. 18 Heriot Fol. 108 Herring-gable Fol. 116 Highlanders in Scotland antiently Britains Fol. 160 Hony-gavel Fol. 118 Howeldha Fol. 25 He made not the VVelsh Laws Fol. 153 154 When those Laws ascribed to him were compiled Fol. 97 Hugo de port against Picot Fol. 66 67 I. I Arsey Isle Fol. 11. 95 No venemous Creatures therein ibid Ina King his Laws concerning the VVelsh Fol. 50 51. 64 Joseph of Arimathea Fol. 32 Irish Rhein-taloon or partition Fol. 99 Irish and VVelsh one Language originally Fol. 145 Irish and British Laws agree Fol. 153 Irish understand the Manc and Highland Languages Fol. 146 Ireland
Coronatus est in Regem de Wight manu Regia paulo post Quemadmodum Richardus Rex secuadus cum Robertum comitem Oxoniae qui Marchiâ— Dubliniae Dux Hiberniae fait Regem Hiberniae creare destinarat se interea Insulam illam non minore quam Regis tametsi Domini nomen tunc uti etiam usque ad Henrici Octavi tempora posteriora Regis ibi vicem omnina suppleret titulo ac dignitate possidere proculdubio non dubitavit By which Custome brought down so near our age and deduced from the practice of antient times it is no wonder that we find so many in several ages dignified with that Title either as an especial mark of Honour or by the privilege of descent as the Earls of Derby at this present are with the Title of Kings in Man was an antient Custome among the Britains and after them of the Saxons to give the Title of Reguli to all Lords that had the Charge and Custody of * From this it was that in the time of Rich. 2. came up first the Title of Marquesses which is a Governour of the Marches for before time those that governed the Marches were called commonly Lord Marchers and not Marquesses as Judge Dodaridge hath observed in his Law of Nobility and Peerage under the Title of Marquesses pag 31. where in that Chapter he also adds this Paragraph well worth the reading After the Normans had conquered this Land it was carefully observed by them as a matter of much moment and a point of special Policy to place upon the confines and borders of the Britains or Welsh c. not then subdued men of much valour not only sufficiently able to incounter the inrodes and invasions of the enemy but also willing to make on-set of them and inlarge the Conquest These men thus placed were of high blood credit and countenance among their Countrey-men the Normans and in whose faith and power the Conquetor reposed special considence and trust and therefore in their Territories given unto them to hold their Tenures were devised to be very special and of great Importance and their Honours inriched with the Name and privileges of Earls of Chester and for the North-border of Wales created to be a County Palatine and the Barons of the middle Port of the South Marches were adorned in a manner with a Palatine Jutisdiction having a Court of Chancery and Writs onely among themselves pleadable to the intent that their Attendance might not thence be driven for the Prosecution of Controversies and Quarrels in the Law and as for the other part of the South Marches they seemed sufficiently fenced with the River of Severn and the Sea My business hath been to make it probable that these Reguli were Lords of Marches and Limits long before the Norman conquest to which I referr you neither were those Welsh limits fenced by Severn but for many hundreds of years by Offa his ditch Marches and Limits the names of many Honoured with that Title I can shew especially such as were Custodes or Keepers of that Famous Limit betwixt the Mercians and Britains set out by that Renowned ditch which Offa the King of Mercia drew a Memorial of some of them out of an antient * Hist M S. penes Author M S. Chronicle that I have I shall exhibit wherein such persons were not onely called Reguli but also Reges Penda saith this Anonymous Author did spread his Kingdome of Mercia very farr about the year of Christ 620. for he slew in Battel two Kings of Northumberland Saint Edwin and Saint Oswald and three Kings of the Eastangles Egric St. Sigebert Anna. The said Penda had by his Queen Kineswith sive Sons Wolfer Saint Ethelred Saint Merewald Saint Mercelin and one other This without a Name in this place was his Eldest Son Peada and two Daughters Saint Kynesburg and Kyneswith he Reigned 30 years Wulpher was the first King of the Mercians that received the Faith of Christ and he married St. Ermenild the Daughter of Ercombert King of Kent by his Queen St. Sexburge Germanus vero ipsius Westanheconorum Rex Sanctus Merewoldus married St. Ermenburg the Daughter of Ermenred the King Brother of the said Ercombert and by her had three Daughters all of them Saints two of their Names were Milburg and Mildrith and one Son St. Merimnus who being dead his Uncle St. Mercelin did Reign in his stead Here be several Kings whose Names you will hardly find in the Chronicles But * M S. vol. 4. in Biblioth Bodl. Leland in his Itinerary reports out of some Books in his time found in Religious houses that this Merewaldus whom he calls King of the Marches built a Monastery for Nunns at Lempster which in the Britsh is called Lian-Llieni Lleian signifying virgo Vestalis Sanctimontalis in English the Church of Nunns and endowed it with all the Land thereabout saving onely the Lordship now caulid Kingesland after these successions in this small Kingdom I find one Ethelmund was also King of the West anheconi who were the Inhabitants of the North-west parts of Herefordshire certain to be so not only by the places mentioned in that Tract of Land but for that I find one Wlfhard who by Bishop Godwin is doubtlesly mistaken to be put as Successor to Utellus but should have his place betwixt Podda and Ecca Bishops of Hereford in his signing to the Charter granted to the Abbey of Winchelcomb Anno Dom. 811. writes himself thus Monast Angl. pag. 127. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ego Wulfhardus Hecanae Quae nunc Herefordiensis dicitur Episcopus consensi subscripsi And Math. of Westminster writes that he was Bishop of Hereford in the year of our Lord 765. at that time when Offa King of Mercia procured of Pope Adrian an Archbishops Seat at Lichfield Many other Reguli were in these Merches for they did consist of several frontier Jurâ—sdictions I have found some very antient as of Pibanus King of Ergin now Urchinfeld the Grandfather of St. Dubritius the Archhishop of Caerleon in the Reign of King Arthur of one Gorvodius King of the same place after him But I cannot let pass that which I found in a Record transcribed into a Register book of one of the Bishops of Hereford certifyed as I guess from Innocent the third concerning a donation to the Church of Hereford wherein the Donor is termed Regulus his name at present I do not remember but reforr it to another place he is said to fortifie his gift to the Church in it to be in plena Regia potestate Milfrith the principal Benefactor if not Founder of the Minster at Hereford is denominated sometimes Regulus sometimes Rex Four Reguli in Kent at one and the same time witnessing to a Charter of one of the Kings thereof In the time of Julius Caesar Cambd. in Brit. Quatuor erant Reguli qui Cantio praeerant Cingetorix Carvilius Taximagulus Segoâ—ax upon
whereas there is no more in it than the plain acquisition or getting of this Realm of England after his pretences from King Edward the Confessour were made known as in the following Tract appears by the constraint and force that Harald put him unto to get his Settlement by Battel with him which word of Conquest is to this day familiarly used in Scotland to signifie Land purchased and Mr. John Skene saith upon the word that Conquestus signifies Lands quhilk ony person acquiris possessis privato jure vel singulari titulo velâ—ti donatione vel singulari aliquo contractu Quhilk is conform to the Civil Law ubi quae stus dicitur lucrum quod ex Emptione venditione locatione conductione vel generaliter ex opera cu jus descendit l. coiri 7. cum seq ff pro Socio and further writing of Lands so purchased concludes Conquestus dicitur ratione primi conquestoris cum transmittitur ad ejus haeredem exuit naturam conquestus induit naturam haereditatis Norman Conquest concerning which also we have so great a plenty of Writers that they almost extinguish the Truth with their Comments and Conceits all the alterations imaginable are father'd upon this revolution and summ'd up by Mr. Samuel Daniel in these words I come to write of a time meaning this Norman affair wherein the State of England 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 I make choice of this Paragraph of so Elegant an Author as Mr. Daniel who hath deserved very well from the Common-wealth of Learning for his ingenuous Observations to examine the particulars of this great mutation so generally imagined which enumeration will also afford us the method of our Discourse concerning that which hapned to the English at that time and first of all concerning the Alteration of our Laws which is the principal matter of our enquiry of which among many Mr. Camden himself hath thus written Victor Gulielmus in victoriae quasi Trophaeum antiquatis pro maximâ parte Anglorum legibus Normanniae consuetudines induxit causasque Gallicè disceptari jussit Yet presently adds propositis igitur legibus Anglicanis Merchenlage Danelage Westsaxenlage quasdam reprobavit quasdam autem approbans transmarinas Neustriae leges quae ad Regni pacem tuendam efficacissimae videbantur adjecit But to evince this let us have recourse as near as we can to the Authors that were of that Age and seriously weigh what they deliver unto us concerning this matter Mr. Selden our of the Litchfield Chronicle cited also by my very much Honoured friend and incourager Sir Roger Twysden introduceth these words Anno Gulielmus Regni sui Quarto apud Londonias consilio Baronum suorum fecit summoniri per universos Angliae comitatus omnes nobiles sapientes sua lege eruditos ut eorum leges consuetudines audiret Et licet idem Rex Willielmus leges Northfolktae Suffolkiae Grantbrigiae Deirae ubi quondam maxima pars Danorum Norwegiensium inhabitabant prius magis approbaverat eas per totum Regnum observari praeceperat pro eo quod omnes Antecessores ejâ—s fere omnes Barones Normanniae Norwegenses extitissent quod de Norwegia olim venissent Sed postea ad preces communitatis Anglorum Rex adquievit qui deprecati sunt quatenus permitteret sibi leges proprias consuetudines antiquas habere in quibus vixerant patres eorum ipsi in eis nati nutriti sunt scilicet leges Sancti Regis Edwardi ex illo die magna authoritate veneratae per universum Regnum corroboratae conservatae sunt praecaeteris Regni legibus leges Regis Edwardi Unde per praeceptum Regis Willielmi electi sunt de singulis totius Angliae Comitatibus Duodecim Viri sapientiores quibus jurejurando injunctum fuit coram Rege Willielmo ut quoad possent recto tramite neque ad Dexteram neque ad Sinistram declinantes legum suarum consuetu inum sancita patefacerent nil praetermittentes nil addentes nil praevaricando mutantes Alderedus autem Eboracensis Episcopus Hugo Londoniensis Episcopus per praeceptum Regis scripserunt propriis manibus omnia quae praedicti jurati dixerunt c. Ingulphus Crolandensis also who was Chaplain to this King William and being himself somewhat concerned in this affair and so the more to be believed as an Agent writes a little more plainly than the last did thus Attuli saith he eadem vice mecum Lundoniis in meum Monasterium leges aequissimi Regis Ewardi quas Dominus meus inclytus Rex Willielmus autenticas esse perpetuas per totum Regnum Angliae inviolabilitérque tenendas sub poenis gravissimis proclamarat suis justiciariis commendârat eodem idiomate quo editae sunt ne per ignorantiam contingat nos vel nostros aliquando in nostrum grave periculum contraire offendere ausu temerario Regiam Majestatem ac in ejus censuras rigidissimas improvidum pedem ferre contentas saepius in eisdem hoc modo and the Title of those Laws is this 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 which is in English these are the Laws and Customs which King William granted to all the people of England after the Conquest of the Land and are the same which King Edward his Cousin did hold before him And the like account given by the Litchfield Chronicle is found in the Laws of King Edward which though from him receiving the Denomination yet probably were Transcripts of a Date since the Norman Conquest for that in them is found an express of the Norman Settlement of them in which is also an account of the difference of the Rate of Mulcâ—s betwixt the Saxons and Danis or Norwegians and because of the â—â—ar relation the Normans had to the Danes it is said that King William made choice of those Laws and would have had them put in Execution as the Law of England Quippe cum aliarum legibus Nationum Brytonum scilicet Anglorum Pictorum Scotorum praeponderassent he praised and liked of this Dane-laege best onely this observe if it be worth taking notice of that not onely the British Laws come into the account but also they are set in the first place But King Williams desigment had this Effect and Issue for taking that resolution it is said Quo audito mox universi compatriotae regni qui leges edixerant tristes effecti unanimiter deprecati sunt quatenus permitteret sibi leges proprias consuetudines antiquas habere in quibus vix runt patres eorum ipsi in eis nati nutriti sunt
the name but what referrs to the Tenure of Partition The Brytains enjoyed that part of Wales in the Saxon Governments and had not any fixed impression upon them by any before the Normans who over this County at last stretched their victorious Armes after many various successes on both parts and stout defence made by the Welsh for their Lands and proprieties enjoying it partly by force and partly by composition and agreement as the private family Histories do manifest which I have seen for there are several Familyâ—s of the greatest note in that Countrey that are able to produce testimonyes of enjoying their Lands and Birth in that circuit of Land for shires and Countreys are not of a VVelsh institution before the Norman Conquest so that by this it is probable they did not subvert all neither were they in quier about Abergavenny after the Reign of Henry Fitz Empress Gyraldus Cambrensis relates a series of their Actions in those parts But to leave these storyes I think it least of all probable that the Normans would borrow a â—entish word to denominate any thing to their British Tenants or plant it there as a Kentish Custome seeing in case the derivation according to Mr S's opinion should prove true this denomination was as much unknown to the Normans themselves as possibly it could be unto the Britains and alike to both of them if the Normans had found a necessity of making an intelligible expression and appellation of such a Custome of Partition certainly I should have met amongst them with the Roturier which I understand is in use over all France at this day and very frequently in Normandy the Island of Jersey parcell of the Norman Dukedome retaining still this Custome to this day under the name of the Roturier whilst her Sister Guernesey hath no footsteps of it but are as different in their Tenures as in the nature of their Soyl for in one as I am informed like as in Ireland no Toads Spiders or Venomous Creatures will live whilst in the other they have them in distastfull abundance But even now I touched upon the Saxon division of Shires and Countyes and told you it was not the British Policy which puts me in mind of that Order that was observed by the Welsh and rectified by Howel-dda in the ordering of his Principality with the carefull intermixture of civil-descents and military disposition wherein we shall find something to our matter in hand worthy the notice the description as Humfride Lloyd hath written out of the Laws and Ordinances of that Prince is in short thus First a Cantref which had its Denomination from one hundred Towns and signifies as much under which was so many Commots which the Welsh call Cwmmwd and signifies Provincia Regio Cohabitancia and confisted of twelve Mannours or Circuits and two Townships there were four Townships to every Circuit or Mannour and every Township comprehended four Gavels every Gavel had four Rhandirs and four Tenements were constituted under every Rhandir Of Gavel I have told you before that it signifies Tenura a Tenure Rhandir is a word that admits not of any proper Sign ficancy in our English speech but is by Doctor Davies rendred Pars aut Sors haereditaria from the Verb Rhannu Partiâ—i distribuere These divisions were set out by him as it were into a proper and peaccable Conveyance and Conduit-pipe for the Lands of his Principality which were lyable to this Partition so that we find in every Township four Gavels which were four great Holds or Tenures out of which I cannot find the Prince had any Rent for that the Gentry held their Lands very free from any base service only subjected to their Military policy and provision the Prince his own maintenance that so he might be obliged to a respect and care of every particular in his Principality was set out in every Cwmmwd or Commot which as I said before confisted of twelve Mannors or Circuits and two Townships which two Townships were belonging to the Prince thorough out each Commot in the Principality of Wales for in the person of this Howel the Territories of North-wales and South-wales were united as himself in the * M S. Penes Authorens Prooemium of his Laws doth declare This Gavel in the description aforesaid seems to be a large apportionment of Land belonging to a * Which by the Irish are called Canfimiy's and are the chief of their Gavels or Rhin-taloon See Davies his Irish reports Pen-cennedl or chief of a Family or Clan and doth per eminentiam signifie the Tenure that is to say their Gavel this being only or at the least most notably known by them So that every Pen-cennedl in his Gavel having four Rhandirs that is sortes or partes Hereditariae ready divided and apportioned for his Cennedl or Generation and not only so but also a sub-division of many Tenements under the Rhandirs shews perfectly a Gavel Tenure or Hold exactly observed even in their general partition of Lands and this so antient at least as the time when Howel-Dda collected these Laws which was about the year of our Lord 942. so that the true genuine Signification of all is Tot partes Hereditariae in Tenura that is each Gavel or Tenure did consist of so many Rhandirs or Hereditary divisions ready parted each of these Tenures being supposed to be so ordered as to admit of a Division and if need were of Sub-divisions also that so a Township might the more aptly be constituted for the execution of this common Tenure and these so holding in or rather by their Gafael were not only the antient Villati or Villani among the Brytains but also the Gentry Lords and Prince himself were subject to it The use of the word viz. Gavel to a proper Signification I have shew'd and that also Extra Cantium to which County Mr. S. doth labour to Monopolize it and the use thereof for several hundreds of year past even at such a time when the Correspondency in probability betwixt the Brytains and Saxons was so small and the Odium so great in respect of the unforgotten intrusion of the last that in that continued state of Warr it was not probable they would have accepted of any Saxon Customs by a name so insignificant to the thing as antiently the Etymology of it was received or so little to the matter as Mr. S's novel Exposition would render it or to the rational use thereof But I have already shewn in the fore-going Discourse in what sense the Brytains have received it and also what Doctor Davies in his Cambro-British Dictionary which in my judgment is an Elaborate and Critical piece hath said and exemplified thereupon for he it is that not only affirms Gafaelu by English Letters pronounced Gavaily to signifie Tenere to hold as before I have said But also Gafael by English Letters spoken Gavel the word in Controversie to be Tenura a hold But for the Statutum Walliae wich Mr. S. discourseth
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 That there were changes out of Villenage Tenures into others more free and less servile is frequently to be found but by that to lay any force upon the in erpretation or Etymologye of the word or that upon the account of those citations brought in by Mr. S. it should signifie Genus gabli aut redditus because there was a tent fixed upon the change I cannot yield unto it To what he observes in his 59th page out of the Customal of Eastry Mannour in Kent of the changing Octo Cotarii pro Gavel-kende since that Gavel-kind in Kent is received as a Tenure far less servile than their ordinary Villenage this change I say was very considerable and did well deserve a sum of money in Gersum to the Lord for that these Cotarii before this change being by Tenure Villeins and so consequently their Lands not descendable to their Children their persons not scarce their own their acquisitions got by the sweat of their brows at the will of the Lord by this change these cotarii being invested into a propriety of this Land and this Land made to descend as in Gavelkind the mutation was very advantagious to the occupant But yet there appears somewhat further to me to confirm my affirmation and 't is thus to be considered Mutati sunt octo Cotarii Pro Gave-kende Medleferme tenet unum messuagium tres acras quae solent esse cotar modo reddit XL. den de Gablo These Cotarii had their Lands changed into Gavel-kend Medleferm tenet unum messuagium que solent esse Cotarii modo reddit XL. den de Gablo They are changed into the Tenure of Gavelkind and pay rent XL. den de Gablo this last notwithstanding the propinquity of sound cannot have any relation to Gavel-kende for then it had been a Tautologie but Gavel-kind and Gablum are set forth into different and distinct uses The Tenure was changed into Gavel-kind with the reservation of an annual Rent of XL. den de Gablo that is to say upon the account of that imposition made at the agreement by way of acknowledgement for creating this Land Gavel-kind-land The last hath relation to the rent reserved and the acknowledgement the other to the manner of holding in relation to the change and to the future descent So likewise is that other citation out of the Archbishops accompt-roll in the year 1230. where it is thus entred dâ— XIIIs. IVd. de fine Cotariorum ut Coteriae suae ponerentur adredditum that is to say that their Cotages may be fixed and certain in relation to their Gables or Reat for which they paid a fine whereas the first citation had relation both to Tenure and Rent I shall now take my progress northward and inform you that there is also as the remainder of the antient planters CHAP. XVII Gavel-kind in Scotland when the English tongue and the Customes were first planted in Scotland MR. S. in his 53d. page reports That the Tenure of Gavel-kynd 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 I find by Mr. S. that Gavel-kind shall be permitted in other Countreys to be like unto that in Wales like that in Ireland like to Scottish Socage-land rather than like to it self or to the same * Yet Mr. John Skene saith in his Chapter de linea recta descendentium thus 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 haâ— Lands quhilk heretably perteined to his father c. What the manner of the Scottish-Socageland is or hath been antiently in Scotland I am not certain but of this I am assured that there are sevcral Maâ—nours heretofore belonging to certain Bishops of Scotland where there is the same usage of partition of Lands as in Gavel-kind which shews that those Lands belonging in those antient times to the Church did not feel the severity of the War but enjoyed this Custome and Tenure from their most antient proprietors Which is also plainly to be perceived by the retention of this Tenure yet in force amongst the antient Britains of the Isles who by reason of their site were most free from the fury of the War I call them Brytains though now they are called High-landers because upon tryal of words and denominations of places I find that Language and the British so cohaerent as that there is not much difference between them to a serious observer as I have before treated consideration being had to such words as have suffered by the Saxon converse For this Island at its first plantation did certainly upon the increase of families who first setled in the Easternmost parts thereof remove their increase Westward and Northward till such time as by this means both Cornwall and the Orcades were also planted and then the Saxons in process of time inforced the Brytains to leave these their antient Seats in the Eastern parts of the Isle yet not all as I shewed before who retired by their force either into Cornwall Wales the Scottish Highlands or Base Britainy in France where they in their off-spring do occupye these places with Ireland also unto this day There lyes a large Island named Lewis belonging to the Earl of Seaforth between the Hebrides and the Orcadâ—s which wholy holds by this Tenure of partition by what name there called I could not understand for their Language there is Irish-British but if according to Mr. S. the name were Saxon in its original what hinders but that all Countreys where the Saxon Language is in use should have the knowledge of the word and upon this ground it is that I may with moroprobability è contra inferr that because it is not so universally known in those places where the Saxon tongue is spoken it administers more reason to believe and conceive it should have another origine than to be so easily lost among the very users of the Language and in no such place to be found as Mr. S. would have us believe but within the Septs of Kent The time of planting the Saxon Customes in Scotland is difficult to be known but if the planting the Language argues any probability of the planting of Customes then we had best make the time of the planting the Saxon tongue the matter of our enquiry thence being able probably to deduce that at that time the Customes were received for it was far otherwise in the Saxon settlement in Scotland than in England For here they planted and setled with the
Board or Table and Cotarii were Cottagers such as dwelt in a Cottage * Anno 4. Ed. 1. Stat. 1. that is to say a House without Land belonging to it and comes from the Saxon word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is the same with Tugurium and Tectum in Latin a â—egendo so as this is in signification a Cover or Shelter because those small Habitations were only made to cover them from the Sun and Weather I am not ignorant of that great mistake the whole Current of Writers have run into those whose Works have been published within these last 300 years where they generally endeavour to load all the indignities of Tenures of Servility and Vassalage upon this Norman change I deny not but that some were at that time introduced especially many Jocular Tenures which were the effects of private contracts betwixt the Lord and his Tenants and not of any general concernment but hence I cannot yield to conclude that all Tenures of Servility were of their introduction Mr. S. continues in his opinion in the 104th page where he writes That Fee-simple Fee-tayl Fee-farm Grand petit Serjeanty Escuage Burgage Villenage c. being all of the Norman plantation and we by them saith he at least since their Conquest of us brought acquainted with them c. perhaps those compounds might be the effect of the consultations of some of the Kings of the Norman race but for the word Fee Minshew discourseth very well upon it for saith he 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 whence the word Fief or Fee commeth signifieth in the German 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 and our of Hotoman saith that 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 England 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 ut de seudo which is I am seised of this or that Land or Tenement in my demain as of Fee 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 and Fee-tayl as distinguished was not an introduction of the Normans for that Minshew observes it to have its Original from the Statute of Westm. 2. c. 1. which was made Anno 13. Edw. 1. The word Feud is used familiarly to this day in the Higher and lower Germanyes For what concerus grand petit Serjeanty I believe the words to be French and so introduced by the Normans to express those Services that were due to the Kings of England before the Conquest such Services being reserved by the Saxon Kings The service of Escuage was before the Norman Conquest though not known by that name the like was of Burgage which is no more than a yearly Rent whereby men of Cities and Burrows held their Lands or Tenements of the King or any other Lord which was in use before the Conquest Concerning Villenage Mr. S. doth cite out of Mr. Lambards Perambulation of Kent in Mepham under the Term of Agenes-land this as a very antient passage which had been enough to have convinced me that there had been Villains before the Norman Conquest and it is this Et si Villanus ita crevisset sua probitate quod pleniter haberet quinque hidas de suo proprio alledio c. and in his 114. page citeth an old Version of the 19. and 21. of King Ina's Laws of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is made thereby to signifie Villanus or Colonus and it is convicted by Domesdey Book Survey in Sudsexe thus Radulfus tenet de Willielmo viz. de Warene BRISTELMESTUNE Brictric tenuit de dono Godwini Comitis T. R. E. modo se defendit pro V. hid dim TraÌ„ est III car In dniÌ„o est dimid car XVIII villiÌ„ IX Bordarii cum III car uno servo De gablo IV milia alletium In eadem villa tenet VVidardus de Willo VI. hid unam Vs. proâ—tanto se defendit Tres Aloarn tenuerunt de Rege Edwardo potuerunt ire quolibet Unus ex eis habuit Aulam Villani tenuerunt partes aliorum Duorum Here is an express of a Servus and also of the Villani who held this Land in the time of Edward the Confessour Besides this I could allege many more but Sir Edward Coke upon Littleton saith that Villani in Domesday are not there taken for Bond-men but had their name de Villis because they had Ferms and there did works of Husbandry for the Lord and they were ever before named Bordarii which is contrary to Mr. S. in what I cited before of him concerning Bordmanni which I believe is one and the same thing with Bordarii and such as are Bond-men are called Servi Thus Sir Edward Coke But I believe the Normans found these Villains here even by their name by which I believe they were of a very antient standing for that I find them known by the Britains by that Title as they are often mentioned in the Laws of Howel-dha in a Law which before in this 〈◊〉 I mentioned is notice taken of a King's Villain and of a Nobleman's Villain and then another that gives a right to the Foster-children of dividing Land with the Children of the Villein but a little more plainly to bring the proof in those Laws it is Demonstrated how that Tres homines promoveri possunt uâ—a die that is to say as I guess it they are made Gentlemen in one day here you must take the Latine as I found it Captivus si movetus in Swyd de XXIV officialibus Swyd is dignitas dignity so that the sense of it is this if the Prince bestows upon a Caprive the dignity of being one of the twenty four Chief officers of his Court it is an advancement peculiar or he becomes by it a Gentleman Secundus filius villani si sit clericus our common Law doth differ from the Civil Law which saith Partus sequitur ventrem where as the Common Law hath it partus sequitur Patrem but here provision is made that the Son of a villain being a Clergy man should become a Gentleman which is somewhat explained by the next Tertius Homo ex captiva villa si villa habeat à Domino patrie licentiam Ecclesiam aedificare in Cimiterio ejus corpora sepeliri tunc villa siâ— omnes homines de ea postea sunt liberi that
and Thule called Britain Fol. 145 Italian partition Fol. 12 13 Juryes Fol. 61 62 63 Juryes among the VVelsh Fol. 64 Jus Angliae both in Socage and Knights-fee Fol. 139 K. KEntish-British Laws not altered by Hengist Fol. 46 Kent invested in Hengist Examined Fol. 37 Kent changes her Gavelkind Fol. 81 Kenneth King of Scots expels the Picts Fol. 163 Kent had four Kings at one time Fol. 45 Kingsland Fol. 44 King Ethelmund ibid King Pibanus of Ergin Fol. 44. 91 Kings Gorvodius Milfrith c. Fol. 45 Kings-Bench Fol. 69 Kindred what it is Fol. 130 131 Knave whence and what Fol. 176 Gods-cnave ibid Knight-service in VVales Fol. 103. 107 Knights-fees descended to the Eldest Fol. 138 Kynd Fol. 27. 130 131. 133 L. Land-scheutan German Tenure Fol. 135 136 137. Land-shifting Landskistan Fol. 136 The Saxon denomination of partition Fol. 143 The proper Kentish appellation Fol. 144 145 Land antiently not valuable Fol. 6. 28 Languages Of Scotland Fol. 76 Saxon English and French Fol. 75 76 English not changed by the Norman Conquest Fol. 75 Welsh the remains of the Gallick and British Fol. 17 Laws of King Edward confirmed by the Normans Fol. 58 59 Lawes-common not written Fol. 69 Law-cases ibid. Laws of England overthrew Norman intruders Fol. 65 Learning of the Druids Fol. 17 Legales homines or Yeomen marg Fol. 63 Lieutenants of the Saxon shores in Britain Fol. 39 Lempster from a Church of Nunns Fol. 44 Lewes in Sussex Fol. 71 Lesley Bishop of Ross in Scotland an Historian Fol. 163 Lewis Island in Scotland hold Gavelkind Fol. 160 Liberty of English-men Fol. 81 Liberi Sokemanni what Fol. 148 Llâ—â— what Fol. 90 Llanfrawtwt a College antiently founded Fol. 90 Llangattock Gafael Meâ—bon ibid Litthfield Chronicle Fol. 58 Loager Loegria Fol. 86 Lonaâ—â— Fol. 87 London a Memorial of Troy Fol. 83 London its Laws very antient Fol. 55 Lower Germany uses Partition Fol. 11 M. MAiles Fol. 120. 133 Mannours or Circuits in Wales antiently Fol. 96 Marquâ—ses Lords Marchers Fol. 42 Mayor whence derived Fol. 49 Menavians understand VVelsh and Irish Fol. 146 Merewoldus a King Fol. 43 Merimnus a King Fol. 44 Mercelin a King ibid. Merchenlaege what Fol. 54 57 Mate-gavel Fol. 118 Mickel-gemote Fol. 65 Military fees Fol. 149 Morgan Fol. 132 133 Monmouthshire Conquered Fol. 93 Mortimer Radulf Fol. 78 Mulcts different in rate in England Fol. 59 Mulmuâ—us Dunwallo British Legisâ—tor Fol. 154 His Laws Translated into Saxon Fol. 54. 154 N. NEifes what antiently Fol. 169 Normans Of their Conquest Fol. 56 57 Of their Alterations ibid. They altered not the English Laws Fol. 57 Of their Laws in Normandy or Neustria ibid. Employed in England before VVilliam the first Fol. 78 Their entring into VVales Fol. 93 Their original from Norway Fol. 58 O. OAth of Allegiance Fol. 55. 61 Oate or Oale-Gavel Fol. 113 Doin what Fol. 174 Ollavintone in Berkshire Fol. 73 Offa's Ditch a limit Fol. 43 Opinions received hardly removed Fol. 1 Ostorius Publius Fol. 34 P. PAganus Pagan what Fol. 168. 175 176 Palatinates Cheshire and Glamorganshire Fol. 94 Pandeborn in Berkshire Fol. 68 Parliament Fol. 65 Parceners per le Custome Fol. 147 148 Partition Used in first Plantations Fol. 6 Used by the Israelites Fol. 8 Antiquity of it by sacred and profane Authority Fol. 9 10 Made use of by Brute to his Sons Fol. 15 16 The Custom of VVales Fol. 28. 103. 156 Among Males and Females Fol. 100 101 Used by the Saxons Fol. 141 142 143 Used by the English Normans Fol. 144 Not in the Term Gavelkind Fol. 147 148 Whether ratione rei aut ratione Terrae Fol. 149 Continued in Wales by Statute Fol. 153 The manner of it among the VVelsh Fol. 156 Pencennedl's or chiefs among the Britains Fol. 23. 97. 132 Jews Fol. 23 Scots Fol. 24 Irish Fol. 97 Pelagian Heresie set against Fol. 90 Penda Pibanus King of Urchenfield Fol. 44. 91 Piben what Fol. 174 Picts They injure and repulse the Britains Fol. 36 The Picts wall ibid. Planters at first the condition of them Fol. 5 Placita what and Pleadings antiently Fol. 68 69 Pleadings in French Fol. 69 Pluntune Fol. 116 Powisland Divided Sub-divided and Parcell'd Fol. 25 26 Polydore Virgil examined Fol. 83 Privileges of Urchenfield Fol. 108. 156 Primogeniture preferred Fol. 82. 138 Price Sir John his defens Hist Brit. Fol. 84 Pride-gavel what Fol. 112 113 Primogeniture in Scotland wâ—y Fol. 166 R. Read-gavel Fol. 119 Reguli or petty Kings Fol. 15 45 Regulus and Rex Fol. 42 Referrees of Howel-dha what they did Fol. 155 Relief Fol. 108 Rents reserved Fol. 7 Rent how to be understood Fol. 115 116 Rents several sorts Fol. 117 Rented Land what antiently called Fol. 119 Rhandir what Fol. 96 Rodeley in Gloucestershire Fol. 112 Roderic the Great Fol. 24 Rogerus Deus salvet Dominas Fol. 177 Rochborn in Hampshire Fol. 66 Roturier of France Fol. 11 95 Rowena Hengist's Daughter Fol. 39 41 Roman Empire parted Fol. 87 88 Romans Altered not the British Laws or Customs Fol. 29 Greedy of Conquests Fol. 30 Their proceedings in the Conquests of Judaea Fol. 30 Of Greece ibid. Of Britain Fol. 30 31 They used words of the British Language Fol. 31 Set up a false Will for the Emperour Fol. 32 The effects of it Fol. 32 33 They desert Britain Fol. 35 S. Saisson and Saisnaeg how to be understood Fol. 86 Saxons They Co-inhabit with the Britains Fol. 37 They defended the Picts wall Fol. 38 Whether they extirpated the Britains or no ibid. They break their Article with the Britains Fol. 38 Their Piracies Fol. 41 They fail in their trust Fol. 42 They expell'd not the Britains Fol. 47 They borrowed many British words Fol. 48 49 They used British Laws and Customs Fol. 49 They intermix their Saxon with British Fol. 50 Their Laws provide for the British Inhabitants Fol. 50 51 52 They used Partition of Lands Fol. 141 Their Nobility who and what Fol. 70 Concerning their Characters Fol. 76 They wrote Latin antiently in Roman Letters Fol. 76 They change their forms of Fighting Fol. 77 Sand-gavel what Fol. 113 Sealing and signing of Charters Fol. 72 73 Serjeanty Grand and Petit Fol. 171 Servi what antiently Fol. 169. 172 Servitude not in England Fol. 81 Scotish Language Fol. 76 Scot and Lot what Fol. 78 Scotland Fol. 87 Scotish-Socage-Land Fol. 159 160 Scotish with their Language had the Saxon Customs Fol. 161 Scotish tongue before William the Conquerour ibid. Scots receive the English temp Willielmi primi Fol. 162 Scotish Tongue when first received Fol. 162 163 Scotish bounds in Scotland Fol. 165 Sherborn against Warren Fol. 65 Shires not antiently in VVales Fol. 94 Soc and Sac what Fol. 177 178 179 Socage Land changed Fol. 139 Socage Land antiently partible Fol. 89 139 Spersold in Berkshire Fol. 73 Surnames when first used Fol. 176 177 Sute and Doom in Urchenfield Fol. 111 Swyddog a Magistrate in Welsh Fol. 93 173 Swine-gavel what Fol. 115
of wherein he affirms that the tâ—tm Gavelkind is not to be found though the Castom of partition is there in mentioned which without any great trouble all things considered might argue it to be a British custom yet confesses that the Parliament in the Statute of 34 Hen. 8. can 26. did make use of the word Gavelkind But how saith he questioning and then resolving it only as bâ—rrowed to help to Describe and Illâ—strate that partible quality of the Lands in Wales therein mentioned and that it was transmitted by our Lawyers who borrowed the term to make use of it foâ— Illustration sake But with pardon I shall â—ence â—â—ferr that it passed there as a most natural and genuine Expression and is properly a peculiar of their own upon the grounds before set down As for the antient Customs of the Kingdome of Ireland I am informed by the Irish that their Rhein-ta-loon which is their parting of Land is generally among the Comminalty and is like that oâ— the Country of Flanders where Daughters share as well as the Sons and spreads all over that Country also the like to which I shall shew you in Wareham in Dorsetshire in the next Chapter Râ—ein in the Irish is to part and I believe comes from the British Rhannu I have little to say except it be that when King John overthrew the Brehon Law Anno Regni sui 12. and then setled the English Laws that this Tenure of partition might probably receive a great abatement of its common usage and force among them who it seems have the foot-steps and remainders thereof very Visible unto these our days But in this I shall desire to be excus'd as not having informed my self sufficiently so as to make a satisfactory Discourse thereof confessing my self much ignorant in that History and shall proceed in the Discourse CHAP. VII Of soveral Customs of Descent of Lands of the welsh Laws of Partition of Knights-sâ—rvice and warâ—ship among them STill it is that Mr. S. goes about to confine the Knowledge of Gavelkind to the Circuit of Kent and will not allow it Gavelkind in any other Country but that For in pag. 49. he saith thus 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 Kent are wont to call by the name of Gavelkind or if you please in Mr. Lambards expression 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 But let a man go into Urchinfield in the County of Hereford and inquire of an Inhabitant thereof in what manner Lands there are held he will readily and speedily resolve him that they are subject to Gavelkind and as fully inform you of the nature of that their Tenure viz. that by it their Lands are all partible among the Males and in defect of them among the Females as other Lands of Inheritance are throughout England I have met with another kind and fort of Partition which I dare venture to call Gavelkind and is very unusual because by the Custom of the place both Males and Females have a right equally in the Partition I think it may not prove displeasing to insert the Record as it was shewn to me by my Industrious friend Mr. Falconbridge to whom for this and many others favours I must acknowledge my self with much-gratefulness Indebted and thus it is in the Office of the Chamberlains of the Exchequer of Receipt being the like as I find it in Flanders and the same with that in Ireland Dorset 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. Et Johannes venit dicit quod Tenementa in Warham sunt partibilia inter Mascuâ—os Femellas dicit quod predictus Edwardus habet quasdam Gunnoram Matill Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium que tantum jus habent in re petita sicut c. que non nominantur in Bâ—evi unde petit judicium de Brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. This though it may seem strange yet may properly enough be called a Gavelkind for let the Custom of any place be according to the usual or unusual way of Partition it is but the Tenure of that place and will come well enough under that Denomination and that which Mr. S. brings in his 49th page as a Solution to an Objection viz. That it is no other than a Custom generally spreading it self throughout the whole Country in Land of that nature should have been thus laid down without confining it to the County of Kent viz. throughout any Country or all Countries in Land of that nature for so indeed it is In the Villages round the City of Hereford Item Lou per Custonie aâ—pel burgh-Burgh-English en ascun Burgh le fits puisn inherita touts les Tenements c. Littleton Lib. 2. Sect. 211. I find their Lands are all held in the Tenure of borough-Borough-English where without difficulty I conclude that it is a Custom spreading it self throughout those Parishes and Villages in Land of that nature neither can it be otherwise but that the youngest Son ought to be and must by Law be found Heir so long as that Land remains under the same Services and Copy-holdings of their respective Mannours and the Suters here do as much stand upon their Customs as in Urchenfield they insist upon their Custom of Partition among the Males or as Wareham in Dorsetshire among both Males and Females another sort of usage in the Tenure of Burgh-English is mentioned by Sir Edward Coke upon * Lib. 2. Cap. 11. Sect. 211. Littleton in these words 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 And brings in Britton to strengthen him and to confirm what I have said saying De terres des ancienes
perquisitum legare cuicunque voluerit tenementum c. Tenementum illud leg atum fuit pred Glodithe Unde dicunt quod Breve istud non currit infra Hundred pred To this Jurati dicunt super Sacram. suum quod predicta Tenementa sunt legabilia quod predict Philippus Tenementa illa legavit predicte Glodithe quod Breve istud non currit infra Hundred predict Ideo Glodithe concessum est inde sine die They have a formal way of Judgment of their own much after the British fashion The Steward with his Officers belonging to the Court being seated there be certain Chiefs among them whose Houses and Lands are held of the Lord by Sute and Doome in the Court of that liberty and hereupon are called Doomes-men that is to say men of Judgment or such who judge of matters in Controversie Rot. quo War ibidem Therefore in the Quo warranto roll of Irchenfield in the 20 Edward 1. it is Recorded that 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. and in other Collections of Antiquity that I have transcribed there is one Record that is Intituled de libertate de Domesman But because my intentions are to be more large upon this Theme in a Tract more proper I shall wave it at this present only among other duties reckoned up in Domesdey this is one that I had almost forgot to carry the Kings Messages into Wales and to Pray for him in three Churches every week and in another Record which is instar omnium and by it they as it were were left to their own Liberty and are said to be extra Comitatum not bound up to any strictness by the Countrey Laws Which how farr transcending the Kentish privileges I leave to any to judge Now if Dower of the Moiety and not to forfeit Lands for Felony be the greatest privileges Kent hath by the Tenure of Gavelkind then are the privileges of other places where the use of Gavelkind is not at this present far greater as in some special privileged Hundreds and Precincts c. in the discourse of which it will be besides the matter in hand to engage I proceed to the discourse of CHAP. IX 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 MR. S. In his tenth page writes that the word Gavel as to the main part of it frequently occurrs in the old Records of some Mannours out of Kent sometimes simply but for the most part in composition for example in Gavel-erth Gavelate Gavellond c. I make not a Citation of these words as if I intended to put a force upon them as some at the first reading may imagine because Mr. S. averrs that the word Gavel doth occurr in some old Records of Mannours out of Kent which I take not as there mentioned in composition to have any relation to the Tenure of Partition for that which is applied in those compositions for several uses as in For-gavel Mete-gavel Gavel-rip Swine-gavel Werk-gavel Hunig-gavel c. is little to our purpose Several such I have met withall and divers different from what Mr. S. hath reckoned I have encountred with a Pride-gavel which in the Lordship of Redely in the County of Gloucester is used and paid unto this day as a Rent to the Lord of the Mannour by certain Tenants in duty and acknowledgment to him for their Liberty and Privilege of Fishing in the River Severn for Lamprayes and in the same Lordship is also another called Sand-gavel which is nothing else but a Payment due to the Lord for liberty granted to the Tenents to Digg up Sand for their uses Many such the Reader might be furnished withall did I conceive they would redound in any measure to our discourse for my judgment is that this Gavel in these Compositions and Gavel in the Tenure are very different in their acceptations as I shall shew anon But to examine Mr. S's Collections and Observations concerning these compounded Gavels where in his Paragraph of Oate-gavel in pag. 21. he declares this was a certain proportion of Rent-oates served into the Lord sometimes in Kind and other while by composition redeemed with Money and out of South-Malling Custumal urgeth this quod omnes operarii debent reddere annuatim quod dicitur Gavel-otte in xl m2 i. e. in Quadragesima and in another accompt roll of the same mannor it is said concerning a certain Tenant that respondet de Octo quarteriis c. receptis de Gabulo Custumariorum c. and again de Avena de Gablo vendita iiis. and xs. vid. de quinque quarteriis c. de Gavel-ote de redditu venditis This charge of ten shillings six pence upon five quarters c. sold de Gavel-ote de redditu I guess it to be nothing else but an Imposition an Excise or an Assess which is the proper signification of the word Gablum or Gabulum and so to be understood as the Excise or Assess upon the Corn sold by the Tenants when for Rent they should have paid Oats in kind Which receives a little explanation by the precedent accompt where it is said that respondet de octo quarteriis c. receptis de Gabulo Custumariorum and again iiis. de Gablo de Avena vendita the Excise or Assess upon the Customary Tenants for viii quarters sold and the iiis. to be understood in the like manner that is an Imposition or Excise for Oats sold Certainly Gablum or Gabulum is not a word so much out of use that we had need to grope or were forced to search after it as it were in the Dark for even in these our days with ease we may produce the use of it bearing the same Signification as I have now given to it to the same purpose and sense do I find it us'd in that prodigious insurrection at Naples within these few years under Massaniello a Fisher-man where the Story translated in this point I may say Literatim gives the ground of it to be a certain Payment or Excise upon Fish which the Italians call Gabelli and we have transmitted unto us in the Translation Gabells known in Spain by the term * Martinus Zeillerus in his â—inerarium Hispaniae out of Mariana lib. 16. cap. 9. and lib. 17 cap. 8. Et Hugo Linschoten saith Anno 1341. Introductum est vecâ—igal Hâ—sâ—ans i. e. Alcavala Italis Gabella dictum quod aliquoties postea auctum suit Ejus vi coguntur subditi decimas pendere quotiescuâ—que merces bona praedia aedes agei venâ—untur Eidem obnorii sunt cujuscunque generis opâ—â—ices ut sutores sartores lanii quicuaqâ—e
admit But to run over some more of his Gables That which he discourses of in his 30th page is a For-gavel which is rightly rendred foris Gabulum and is defined to be quasi extra vel praeter Gabulum quod Domino capitali debetur and this corresponds with what before I have said that it was a Rent or a Duty besides over and above or beyond the Original contract or bargain The like is in Mete-gavel which is Cibi Gablum a Rent of meat or food Swine-gavel which is porcorum Gablum a Rent of Swine Werke-gavel and Werke-gabulum which is operis Gablum Hunig-gavel which is 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 seâ—ve such a Family and much reserved to the King in most Counties as appears by Domâ—sdey Rent Honey of which sort in Domesdey you may find much and in the 60. Law of King Ina we find a bere-gafol which is a Rent of Beer or rather Barley as Mr. Lambard expoundeth it For in some Countries of England and in Scotland they to this day call Barley Beer There is also in the 66. of King Ina's Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speaking of a yard of Land which Mr. Lambard renders to signifie Mercede conductam that is hired for Rent or Wages So is it in the Covenants betwixt King Alured and Guthrun the Dane In the second Article where it is said bu tan ðaem câ—oâ—le de on gafollande rit which Mr. Lambard renders thus Siquidem is Rusticus censum annuum impendens non fuerit which I think in English is provided that that Country-man doth not sit on Rented Land for But in the old English as well as to this day in the present Scotch signifies without or wanting c. There I find gafollande is turned into Census which is as much as I have need to make use of or take notice of In the Laws of King Aethelstan it is thus Æ¿ealisc monnes c. ê§ He ðam cyng gafol-gyldan maeg which is thus Translated Wallus si in eas opes creverit c. ut annuum Regi censum pendat which is if a Welsh-man increaseth so in Riches c. that he can or might yield a yearly Rent to the King Such a one perhaps as we call a Subsidy man or a Man in the King's Books So in the sixth of King Ina's Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is if any one Fights in the House of one that payes Rent and in the 22. of the same King that so often recited Law Æ¿ealH gafolgylda Hund tÆ¿ lftig â—cill which is turned into Latin thus Mr. S. pag. 33. Wallus censum pendens annuum c. in the same sense is the word Gavel-man cited by * Many there are that with Mr. Selden account gafol to signifie several things as tributum c. but not in the least with reference to the Tenure he cites the Aâ—â—ales Anglosaxoas In Bibliotheca Cottoniana Anno 1012. Ãa ê§ gafol gelaest sae frið aþas asporene Æ¿aeson þa to ferde se Here Æ¿ide sÆ¿a He aer gegaderode Æ¿as Ãa bugon to þam cynge of þam Here fif feoÆ¿ertig scypa Him beHeton ê§ Hi Æ¿oldon þysne eard Healoan He Hi fedan sceolde scÆ¿ydon 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 dâ—fensuros modo eos aleret vestiret Rex Danorum Rex tunc Swanus crat quorum ita pepigit Ethelredus Utrumque autem praestationis quam diximus genus Danegeld Danegeldum seu Danageldum id est Tributum Danicum dicebatur Seld. Mar. claus l. 2. c. 11. Here we may observe that geld is most properly Tribute though in the former part of this Saxon citation Mr. Selden renders gafol by Tributum and properly it doth signifie a payment Mr. S. which hath no more in signification than one that payes a Rent and relates not at all to the Tenure and I believe if seriously looked into that many of these compounds who have this similitude of sounds do not hold under or by the Tenure of partition which if so here were nomen sine re and this last may be a Term as significant for any one that payes a rent in Cumberland as in Kent In this recited page it is that Mr. S. hath rightly fixed his Gavel for saith he one thing more I have to note before I leave Gable Gavel c. that with Mala it fignifies Rents Services or Customs and in his 35th page he addeth by this time the Reader is satisfied I hope saith he touching the true construction of Gavel Gafol Gable 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 To conclude I am of the same opinion with Mr. S. that these intermixtures and compounds do all hold a reference to gafol Gablum or Gabulum that all of them have one and the same exposition yet that none of them have any relation to the Tenure of partition or to any other Tenure besides the Renting or paying of a Rent for Land c. There is only one thing more left to be considered which may seem to have in it some strength and that is in the 31. page of Mr. S. where he cites this postea per quandam consuetudinem quae vocatur Gavelate usitatam in Comitatu isto viz. Kanc de terris tenementis de Gavelkynde pro redditibus servitiis quae à retro fuerint de eisdem per plures annos devenerunt eaedem terrae in manus cujusdam Abbatis c. Now this consuetudo de Gavelate used in the Lands and Tenements held in Gavelkind seems the one to have relation to the other for Mr. S. in the beginning of that Paragraph tells us that this Gavelate was not a Reut or a Service but betokeneth a Rent or a Service with-held denied or detained causing the Forfeiture of the Tenement to the Lord and whereas that Record saith it was used in that County upon Lands and Tenements held in Gavelkind Sir Edward Coke as Mr. S. himself cites him saith 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 So that this Brief lay in London as well as Kent and Minshew in his Dictionary upon the word Gavelet exemplifies it by a Case 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 i. e. Let him nine times pay and Nine times repay Hath he not since any thing given nor hath he not since any thing paid let him pay V. lib. for his errour before he become Tenant or Holder again See hereof 10 Hen. 3. Fitz. Cessavit 60. statute 10. Edw. 2. of Gavelet in London In the Collection of Statutes London 2. matter much tending to this purpose that by this word Gavelet the Lord shall have the Land for the Ceasing of the Tenant I have read much to this purpose in Mr. Lambards perambulation of Kent but the whole hereof relates to a Writ of Recovery for default or non-payment of Gafol or Gable or Rent the word Gavelet which is nothing but the let hindrance or with-holding of Gavel Gable or Rent which Writ runs in London as well as in Kent and all of it nothing to our Tenure in Question To the same purpose is that which Mr. S. urgeth in his 12th page where he gives a Learned exposition which serves for a fortification as well as an explanation upon the word Gafol which he describes varied in the Dialect Testament Saxonic being written gafol gavel gaful and gafel and shews how it passes in Matth. 17. Vers 24 2 and cap. 22. vers 17 19. to signifie Tribute which I think may prove an acceptation thereof naturally enough and in Matth. 25. vers 27. it serveth to express advantage or usury and in King Withreds Laws of Sr. Henry Spelmans Edition of his antient Councils it is expounded to us by what it is commonly received Redditus vel persio and Mr. Selden in his notes upon Eadmerus renders geÆ¿â—â—ic gaful to signifie Solitus census the wonted or usual Payment or Rent But Mr. S. concludes thus To be short saith he 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 viz. 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 upon which and to all Mr. S. craves leave to add Rent which I shall not in any wise deny him provided as I said before he will be contented with that exposition to signifie Rent and not go about for the sound sake to impose it on the Tenure for in this I would begg an information or rather satisfaction whether Gavelkind-land may not be and is not held without Rent which if it be found to be as I know it is generally used in Urchenfield and perhaps in other places also then doth it destroy the very nature of the Etymologye But with this part upon the mistake of the word Gavel in those compounds mentioned I have spoken sufficiently and further I will not trouble the Readers patience about it In the next place here are CHAP. X. Several Deeds cited by Mr. S. that have their Tenenda's ad Gavilikendam examined and expounded I Am constrained to run over the Examination of several Deeds produced in Transcript by Mr. S. and having finished the Discourse of the word Single and in Composition I am come to experiment the Tryal of it in the Term proper with its affix of which Mr. S. saith pag. 38. Thus for example in a number of Deeds and Conveyances which I have seen recorded in the leiger-books of the Cathedral at Canterbury and St. Austins late Abbey there phrased all of them after this manner Tenendum ad or in Gavelikendam c. I presume he hath cited the principallest of them and if so then I assure you I am not stumbled at any of them and first Pag. 39. for that Deed of the Sons of Wibaldus who did grant Infirmis de Herbaldune unam acram dimidiam terrae scil Langenekre cum fratre suo Wiberto infirmo in perpetuam Eleemâ—synam and to Gavelkynd Reddendo sibi duos denarios c. Mr. S. rightly collects from the mold and cast of that Deed the binding of the Heirs in relation to their gift for these Sons of Wibaldus and their Sons and Heirs and their Daughters do all joyn in the alienation of this Acre and an half to Herbaldune Hospital I will not trouble my self about the Deed to Quarrel at their Scrivener who seldome found dimidiam written for dimidium or believe that he might in his intermixture of and to Gavel-kynd make an ignorant coherence we will grant it all right and straight and take along with us what Mr. S. saith pag. 51. that such an expression as Tenendum in or ad Gavel-kynd or the like was necessary to render the granted Land partible after the Custome of Gavelkind without the help of prescription requisite in partible Land else where out of Kent and hereupon referrs to the pleading of Burga the wife of Peter de Bending put down and published in the appendix to his book Script 5. But the first he would have to be a gift or grant in perpetuam but not in puram Eleemosynam there is no more than perpetuam which whether it be or not is nothing to our purpose but the Reddendum as well as the Tenendum in that Deed hath somewhat not familiar for it is said there Reddendo sibi duos denarios c. which Sibi hath relation to Wiberto infirmo the last immediately before mentioned rather than to any other in that Deed for all other persons therein comprehended are by doubles as Nos filios Wibaldi Herbwinum Eilwardum Heredes suos Thomam Paganum with this also Hoc concedunt filiae suae Basilia
observes originally British coming of their Mael which saith he in the Welsh Vocabulary is in Latin rendred Lucrum emolumentum quaestus as Maelio the Verb Lucrari quaestum facere and yet this Welsh word was not only made Saxon or English but for the great use they had of it a sort of Latin also for we find some Lands were held antiently per Gablum malum The names of Towns were like the antient Nuptials of which King Edward the Confessour speaks betwixt the Saxons and Britains by which they became one Nation So that the Denominations of antient Cities and Places did and do for the most part participate of both as in Durham Dunholne Dorchester the first Syllables being British the later Saxon. Chester is a Saxon imitation of the Latin Castrum for which the Brytains had a word of their own viz. Taer and all those Denominations of places with the faid Saxon termination of Checter are Demonstrations of Roman Fortifications in the time of the Brytains as well as notes of the Saxon intermixtures of which sort there are very many In the like manner may it fall out with this Termination of our Word in Controversie that in case Kynd should chance to be a Saxon affix such a mixture would not prove a thing unusuaâ— in their practice and may very properly be so Conjoyned If Kynd or as it is in the Saxon gecynd signifie the same thing as in Man-kynd and is in Latin rendred Genus humanum aut natura it may then be supposed that the Saxons meeting with the British Gavel and understanding it to be their common Tenure added something to express it to their own apprehensions which being set together would signifie and that properly enough Genus Tenurae For that Kynd of Tenure deserv'd to have a Denomination of greatest remark it being if not the only yet the most eminent and most general Tenure amongst them But having already herein professed * Scepticism Scepticism I will not attempt to impose upon the Reader either the one or the other though either of them may pass without the least injury to the Tenure leaving it to the investigations of some more at leisure Provided that you conceive me not to have forsaken my ground or given back in the concernment of the main part of the word and that which is most material to the original of Gavel although it had as many Terminations as either a Latin or Greek word declined in its several cases and therefore leave it only desiring an acceptation of this Essay in good part without a Condemnation thereof untill a better can be produced And so I pass my Discourse over to treat somewhat CHAP. XII Concerning the German Land-scheutan and their ignorance of Gavel-kynd NOtwithstanding the uncertainty we labour under as to the Termination in the precedent Chapter yet in this we shall shew how that the Saxons and the Germans having the use of this partible Tenure from great antiquity have a particular Denomination for it not making use of any part of the word in question and Mr. S. himself in his 45th page writes thus That such is the nature and condition of Gavelkind-land being not only subject and lyable to what the Civilians in their phrase are wont to call Judicium or Actio familiae herciscundae de communi dividundo the â—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 What is here called Coparcenary-land-shifting will afford us one glimpse of Light more to our undertaking For if the Actio de communi dividundo according to the Civillians joyned with Adaequatio and Paragium according to the Feudists be put in parallel with Land-shifting they will all prove to express the same thing as Gavelkind doth For although the Germans have this Tenure of Partition as I have said yet understand they not nor know any thing of the word Gavel-kynd nor of its sound which had it been of a Saxon pedigree assuredly they would have found out the Kindred and Relation it had to their Speech and how all Germany should so irrecoverably lose the Denomination of a thing of so great consequence as this Tenure hath been and is at this day and nominate it by a word that hath not any affinity of sound to our Gavel-kynd and notwithstanding all this that this Gavel-kynd should be of a Saxon original and fostered and known in our Island and after many Centuries of years again Fathered upon them who neither by themselves nor by their Neighbours can fasten any acquaintance with it are Considerations very strange and wonderfull to me The Tenure they have and express it I say by a genuine and significant word of their own calling it Land-skiftan as I find it most commonly written which some expound to signifie Part-land and I think is improperly written Land-shifting For Lands are as well said to be shifted when upon the Father's Decease they descend to one Son as when they are parted among many so that shifting doth not so properly signifie a Partition as it doth an Alienation But properly I find it to be the procedure of a word in Dutch named Scheut or as in the plural number it is Scheuten which is the Denomination for that which the Latines call Surculus and believe that hence it is that we in our English call young Twiggs or Branches Shoots so that Land-skiftan or Land-scheutan is the same in signification with Gavel-kynd both signifying Tenura or Terra familias Progenici Stirpis aut Surculorum which is the Tenure or the Land belonging unto the young Twiggs or Branches of a Family or Generation If you grant me the intire British interpretation thereof But whether it be Denominated as Mr. S. and others have it Land-shifting or this way which I adhere unto I will not make it my business about it to contend only let me re-mind you that this Custom is so farr and freely owned among the Germans even among their Princes in relation to the Dividing and Parting the Lands of their Principalities as ever it hath been in former times among the Welsh and that all those other Tenures by which Lands are now held are to be reckoned and esteemed but as so many Intruders and Novices over all Europe they being for the most part the effects of the policies of Conquerours for the more secure Settlements of their Militia's Which ushers in the matter of the next Chapter which shall be to shew CHAP. XIII When and for what Reasons Primogeniture had the preference ALthough this Theam might give me occasion to look very far backwards to the first granting preference to Primogeniture yet I shall undertake no further than to discourse upon it in contemplation of what Mr. S. saith in his page viz. The Conqueror consented to the succession
is had to the condition and quality of the Land in saying * Pag. 374. Sicut de Gavel-kynd vel alibi ubi terra partibilis est ratione terrae then would I be informed what they mean by this ratione terrae for if the ratio rei signifies the Tenure then the ratio terrae should have relation to the nature of the Soyl for sure it cannot have relation to the distance or difference by the Caelestial degrees I cannot I confess apprehend the nicety of the distinction and therefore pass to that which Mr. * Pag. 44. S. saith that that property alone of the Lands being Gavel-kynd or so called doth not suffice to render it Partible if the question be so farr obtained and granted that Gavel-kind signifies natura redditus and that that is the genuine Etymology thereof then must it be true and conceded But on the contrary I know much Gavel-kynd Land that is not subjected to Rent how will it then answer the Tenures derivation and signification whereas in this exposition of the â—erm that I have given viz. Tenura progenici aut familias Division significantly resides in its name and nature I am sure the inference is so strong that where there is Gavel-kynd there is Partition and it may as properly be said that the Tenure of burgh-Burgh-English by the intrinsecal Valew of its Name doth not import the youngest Son should Inherit the Land as that Gavelkind doth not inferr a regular participation upon Partition by the Parceners which to strengthen it the more is now become an antient Custom and this Sir * Lib. 2. Sect. 165. Edward Coke saith is one of the main Triangles of the Laws of England these Laws being divided into Common-law Statute-law and Custom of the last of which he addeth out of Bracton that Consuetudo quandoque pro lege servatur in partibus ubi fuerit more utentium approbata vicem leg is obtinet long ae vi enim tempor is usus consuetudinis non est vilis Autoritas longa possessio sicut ejus parit jus possidendi tollit actionem vero Domino So that its continuance for so long a time to be a Custom gives it a Privilege without any Impropriety of Speech to be called a Law notwithstanding the several usages in this Tenure and although Mr. S. seems startled at what is before cited out of Bracton Sicut de Gavel-kynd vel ALIBI ubi terra est partibilis c. there is no reason that this Alibi should so offend him as to call it an improper expression for I believe there is scarce a County in England but hath this Tenure more or less besides what places I have already cited in this discourse I know there is much in Shropshire yet take one more upon the other side of the Kingdome in the County of Norfolk which is thus Recorded in the Chamberlains Office of the Exchequer Placita coram Rege Anno 20. Edw. 3. Term. Hillar Norfol. 97. Asss. in qua Johs Buxkyn chr profert scriptum relaxationis Johis de Pickering Willielmi fratris ejus Gallicè factum de medietat vi Mess c. iiii Tercellorum in Clipesby Billokby c. In hoc placito patet quod Tenementa quae sunt de feodo de Pickering sunt partibilia inter Masculos So that turn into what part of the Kingdome you please I believe you will find Gavel-kind But Mr. S. proceeds by way of wonder saying We are told that this Custom of Gavelkynd Partition takes place hath done at least in other Counties and Sir Edward Coke in the same manner hath lapsed into the like mis-apprehension for upon these words of Littleton En le Countie de Kent he makes this note for that saith he in no County of England Lands at this day be of the nature of Gavel-kind of common right saving in Kent only But yet he presently adds in divers parts of England within divers Mannours and Seigniories the like Custom is in force for my part I must acknowledge I am to seek as to the neatness of the distinction first saying that no County of England hath Land it is not said all the Land of the County of the nature of Gavel-kind of common right and yet that in divers parts of England within divers Mannours and Seigniories the like Custom is in force if the Salvo lyes in this word viz. of common right I would willingly be satisfied whether Lands in Gavel-kind do not pass both according to common Right as well as common Law Certain it is that the common Law of that County Hundred or Seigniory where Gavel-kynd is in force makes the Children Participants of that Land by common Right and it is the common Law by which that common Right is or can be claimed In Pages 53. and 54. Mr. S. speaking of what Littleton instanceth in North-wales that this Custom of Gavel-kind partition taketh place besides Kent he introduceth it from that Authority not as his faith and belief but with a We are told But let not the Scruple be so great when I declare what before I have shew'd that it is in South-wales as well as North-wales and in other places as well as there But then he proceeds to question thus What custom I pray if you enquire of Littleton he will tell you it is the Custom of Gavelkind partition or enquire of the Customers you will find them no Strangers to the Denomination of Gavel and the word in use among them even to express the Tenure Littleton's words are these Auxy tiel custome est en autres Lieux Dengleterr auxy tiel custome est en North-gales c. which is as much as to say Also such Custom he writes of Parceners by Custom which is Gavel-kind there is in other places of England and also such Custom is in North-wales c. and the like Custom as our Author mentions to be in North-wales he saith was also in Ireland for there he adds the Lands also which is one mark of the antient Brittons mark this 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 Agreeing with Littleton in this point see an old Statute Aliter usitatum est in Wallia quam in Anglia quo ad successionem haereditatis eo quod haereditas partibilis est inter haeredes maseulos à tempore cujus non extitit memoria partibilis extitit Dominus Rex non vult quod consuetudo illa abrogetur sed quod haereditates remaneant partibiles inter consimiles haeredes sicut fieri consuevit fiat partitio illius sicut fieri consuevit To that which Sir Edward Coke wonders at which is the Participation of Bastards by the Brehon-law in the Lands that are partible I have already shewn it was a Law or a Custom among the Britains But Sir Edward concludes that Gavel-kynd Custom in Ireland is
Brytains there they drove out the Picts totally and seated themselves in their places upon which account it was that they not having any persons with whom they might co-inhabit and so participate of their Customes were upon their settlement constrained to create new Customes or else to revive their own for their best security I think them much in an errour who affirm that the Identity of Language betwixt us and Scotland was occasioned from the multitude of the Profugi or such as for the security of their persons fled under the protection of Malcolm Canmoir King of Scotland in the time of William the Conqueror certainly considering the old animosities betwixt the two Nations it would have ill become the curtesie at least the policy of the Scotcâ— King to have received so many English guests a by their number or multitude might have been able to plant their Language among his people so different from their own I must confess that notwithstanding this national enmity some he did receive out of whom he chose his wife Margaret Sister to Edgar Etheling and bestowed Lands upon divers of them A Catalogue of several of them the Bishop of Rosse hath given to us by their Surnames of whom he reckons the families of 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. These are the most and principallest in that account from whom it cannot be rationally expected that that Kingdome should receive a mutation of their * Mr. Sâ—ene under the Title of Scotia saith That King David 〈◊〉 first in the third zier of his Reight Ann Dom. 1126. Be his Charter maid Omnibus Scottis Anglis tam in Scotia quam in Lodoneio constitutis gave to St. Cuthbert and his Moâ—ks in Durhâ—m the Laods of Coldingham c. Language and therefore I shall fix it upon a greater-probability Speed saith that Hengist sent for Octa and Ebissa two principal Captains among the Saxons in Germany who being embarked in forty Pinaces sailed about the Picts Coasts wasting the Isles of Orcades and got many Countreys beyond the Trith Yet this was not a settlement for that it is not probable they fixed here at this time again they had much War with the Saxons when the Kingdome of Northumberland was planted in their neighbourhood which may possibly afford some small Knowledge of the Language one to the other but not enough to confine the Scottish tongue within the Mountains and Highlands of Scotland What I find in the Scottish History written by John Lesley Bishop of Rosse a person of great repute being Embassadour for Mary Queen of Scots in the Court of Queen Elizabeth in England whose book was Printed at Rome in the year of our Lord 1578. is that out of which I shall collect this ensuing Discourse Kenneth the 69th King of Scots who flourished about the year of Christ 840. defeated the Picts near Storling and improving his Victory into Northumberland prosecuted them with Fire and Sword so closely that you shall have it in his own words omnes incolas promiscuè nulla sexus habita ratione obtruncat Picticum nomen propè extinxit Qui autem evasere in Daniam Norvegiamvè alii in Northumbriam se abdiderant and presently after concludes Sic Pictorum Gens post Centesimum supra Millesimum ex quo in Albionem venerat annum tantum non deleta est here we find the Pictish Nation in Scotland almost expired who had very long before this been intruders into this part of the Island and during this Kings life those Lands upon which they had lived were re-occupied by the old Irish or Brittish inhabitants of the Hills who were constrained to live in those mountains and fastnesses during the time the Picts kept possession of the Low-lands and at that time the Scots changed the names of those Regions given unto them by the Picts and their Princes into other different appellations But Kenneth dying in the twentieth year of his Reign and in the 855. year of Christ to him succeeded Donald the fifth who is said to be Germanus Kennethi for Buchanan observes that the Custome of Scotland then was If the Sons of the deceased King were * Minoris aetatis under age they elected the most aged and greatest experienced of that Kings line to be their Prince so that this Donald was chosen into the Marble-Chair which Kenneth his Predecesser had brought from Argile and placed in Scone the same that at this present remaineth as a Relique and a Trophy in the Abbey of Westminster Donald proved very offeminate and vicious and puft up with his felicity so over-flowed with vices that he by them gave the opportunity and occasion of the ruine of that which Kenneth by his valour had atchieved the Picts who all this while lay close in Northumberland understanding his carelessness and loosness istam suae libertatis asserendae occasionem arripientes saith the Bishop cum Auxiliaribus Saxonum Britannorum in Scotiam irrumpunt Donaldus collecto exercitu hostibus prope Jedburgum occurrit initoque prelio illos in fugam compulit Rex nostrique milites victoria infolentes â—cctem sequentem sine excubiis supiâ—t sine ordine sparsi sine disciplina negligentes sine timore stulti in luxu compotationibus consumunt Hostis de hac re certioâ— factus ad omnem occasionem intentus illos media nocte somno vinoque sepulâ—os opprimit interfectisque circiter viginti millibus ipsum Donaldum cum nobilibus domum captivum ducit Denaldus ut se in libertatem assererel omnem regionem inter Strivelingum Cludam amnem inte jectam BRITANNIS SAXONIBUS dedidit annuaeque pecuniae tributi nomine pendendae conditione sese astring it Here I observe that this losâ— that Donald received gave opportunity to the Britains and Saxons their planting themselves in the Low-lands the Scots being reforced into the Highlands But concerning the limits and bounds betwixt these and the Scots he gives us a particular account and shews in what parts the one inhabited and in what part the others and informs us that these Angli-Saxones in hujus pugnae memoriam Strivelingi Arcem prius dirutam iterum extruxerunt Fortheam quoque ponte munierunt quopostea in loco crucem tanquam victoriae signum sustulerunt cui ii versus aetatem illam satis redolentes affabrè insculpti sunt Ang los à Stotis separat crux ista remot is Arma hic stant Brutti stant Scoti sub hac cruce tuti Interea Picti qui Scoticae cladis Auctores fuerant tota Albione à Saxonibus praecipites ejiciuntur and to this Buchanan adds that durae conditiones praepositae quas tamen praesens rerum status tolerabiles faciebat vidert ut omni agro qui inter vallum Severi esset Scoti cederent
is to say perhaps they were as servi before or villani and now they become liberi Much to the same purpose Mr. Lambard shews us out of an old piece of Saxon where the reputation of a Thane consisted in having among other things a Church a Hall a Porch c. which shews the cohaerence of the Saxon Customes with the British and thus by Judge Dodaridge out of him it is rendred in his Treatise of Barons pag. 152. It was sometimes in the English Laws that the people and Laws were in reputation then were the wisest of the people worship-worthy in his degree Earl and Chorle Theyne and under-Theyne and if a Chorle so thrived that he had fully five Hides of Land of his own a Church and a Kitchin a Bell-house and a Gate a Seat a several Office in the Kings Hall then was he from thenceforth the Theines right-worthy And if a Theyn so thrived that he served the King on his message on his journey-ward in his Houshold if he then had a Theyn which him followed who to the Kings experience had five Hides and in the Kings Palace his Lord had served and thrice with his errand had gone to the King he might afterward with his fore-oath his Lords part play at need and if a Thein that he became an Earl then was he from henceforth the Theins right-worthy And if a Scholar so thrived through Learning that he had degree and served Christ he was thenceforth of Dignity and Peace so much worthy as thereunto belonged unless he forfeited so that he the use of his degree ne might Again among the same Laws for forfeitures for burning of Houses it is thus provided that for the burning of Odin Regis dimid libre Optimatis LX. den Villani Regis XXX den Villani Optimatis XXIV den hoc de illis est intelligendum qui Piben habent de aliis tercia pars pretii cadit For the understanding whereof that Odin is translated formax which in this place signifies a Kilne wherewith to make Malt because that Piben signifies a Kilne-hole the burning of which sorts of Kilne is that which is here meant which unless it hath a Kilne-hole the third part of the prescribed forfeiture decreaseth That which I cause it to shoot quite blank against is the opinion of no Villeines before the conquest which this Law shews to the contrary in giving you an account of such even at this time of the Collection of these Laws Kingsvilleins and Noblemens-villeins In another Law it is that Si filia Villani eat in rapinam cum aliquo postea ab eodem sit repudiata reddat 〈◊〉 animalia tria supradicte etatis another Law provides what the Wife of a Nobleman might bestow without her Husbands consent and what she might lend without his consent But enacts that Uxor Villani nichil potest dare sine lioentia Villani nec mitram nec aliquod accommodare nisi cribrum tam longe quod vox ejus possit audiri stans in limine domûs sue dum clamat propter illud All these Laws are of several concernments but do all expresly prove Villenage above one hundred years before the Norman Conquest and so by what I have said before concerning the Laws of Howel-dda probably to be an antient British usage For the word Clown thought to be derived from the Latine word Colonus from whenâ—e also is the British word Klwn And is the same with the Dutch word Boer which by a syncope is used for Bouwer from the word Bouwen id est arare colere agrum as Minshew hath it what reproach could there probably be in that denomination yet now what ignominy doth it carry with it The like may be said of the last which is called Paganus in Latine but in English Pain which became a Surname to a family and a Christian name to several great persons But Minshew hath this Story of the Original of the Name which carries in my Judgment no great store of probability with it but as it is I will transcribe it under the word Pagan he saith A Judaeis defluxâ—ssâ—â—mos hic appellatio rei videtur cum enim inter Judaeos Hâ—erosolyma tantum civitas erat nullisque nisi Judaeis ad illam dabatur accessus reliqur ownes Hebraeis erant Pagani in pagis quasi extra cioitatem populum Dei constituti out of the eighth book of Isid he brings another story much to the same purpose Pagani inquie ex â—â—agis Atheniensium dicti ubi exorti sunt ibi enim in locis agrestibus Pagis gentiles lucos idolaque statuerunt a tali inilio vocabulum sortitisunt I am perswaded that Paganus comes from Pagus but I find that Cyflifc the Saxon Pagan had greater Priveleges than a Villain for that he was bound to military services as in the 52d and 64th Laws of King Ina which for brevity sake I shall pass by only take notice that of all such denominations there hath risen terms of disgrace which were not so in the first usage thereof so is it familiarly given to us concerning the common denomination of the Term Knave which is a word taken from the Britains who called a Houshold servant or rather such a one as attends upon the person of another in their Language Knaf and is also one that is not yet properly said to be a man but is betwixt a boy and a man In the sense of a servant it is used in Stat. 1. cap. 3. An. 14 Ed. 3. but in its corruption and as it is now received it is a word of great disgrace and expresseth one that falsifies his trust M S. Obit Eccles Heref penes Authorem Paul in our elder Translation is rendred the Knave of Jesus Christ to express that which we now read the Servant of Iesus Christ In an old Obit book that I have formerly belonging to the Church of Hereford there is mention of a benefactor called Simon Gods-â—nave from whom I believe at this day a certain place in the City of Hereford is called Gods-knave-inne which certainly hath no more in the signification than the Servant of God By this we see that from such like words and denominations as these are Surnames were derived though it may now seem strange to us to meet with such appellations it appears that they were not so curious of procuring excellent ones to transmit to their posterities but accepted of any serious or jocular some from shapes of body others from qualityes of the mind some from Trades Offices c. But I cannot let that pass without notice which for a Surname I met with in the second volume of Domesdey in the Survey of the Connty of Essex being there Registred as one of the TraÌ„s Tenentes of that County where it is thus Recorded * The Land of Roger God save the Ladyes for the word Domina saith Iudge Dodaridge in his Treatise of the Barons pag. 151. signifies Ladyes or Dames so women after
fourteen years of age were called Dominae as also those which were antiently navigeal women in earnest that 's a hard word and by our English Poets Dames c. sed vid. Seldeas Titles of Honour 1 part fol. 53. Terra Rogeri Deus salvet Dominas But I have done with the Tenure of Villenage and the antiquity thereof of the use and abuse of antient denominations and appellations I shall only add one or two words as a mite cast into Mr. S's Treasury which is by way of approbation of what he hath learnedly discoursed concerning Sok and Sak evicting that common received opinion which makes it signifie the service of the Plough But Minshew upon the word saith that 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 Soc Sac. Tol Thean Infangthefe utfangthefe isti possunt judicare in curia sua eum qui inventus fuerit infra libertatem suam seisitus de aliquo latrocinio manifesto The self-same interpretation doth Mr. Lambard give it in his Translation of the Saxon-laws for amongst the rest in those of King-Ina Be cyfic socnum is rendred Leg. 24. de immunitate fani and in the Laws of Henry 1. it is said Nullus enim Socnam habet impunè peccandi that is no one hath liberty of sinning without punishment In the second of King Alureds Laws Be cy ficena socnum is by the interpreter rendred de immunnitate Templi so likewise in the Laws of King Edmund Hamsocnâ— or Hamsocnum is translated there immunitas domûs the privileges which men take themselves to have in their own houses for that every mans house was his Castle In the said sense it is that I understand it in Domesdey to be received for in Essex under the Title of Terra Rogeri Bigoti which is in English I think The Land of Roger the Zealous it is thus Recorded Westunam tenet Hugo de Hosdene quod tenuerunt IV liberi homines T. R. E. qui fuerant de Soca Algari c. Sac Sacha vel Sacca Minshew renders to signifie a Royalty or privilege touching plee or correction of Trespasses of men within a Mannour and saith 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 but in the Laws of Edward the Confessour they are both of them thus expounded Sacha est quod si quilibet aliquem nominatim de aliquo calumniatus fuerit ☞ ille negaverit forisfactura probationis vel negationis si evenerit sua erit Soca est quod si aliquis quaerit aliquid in terrasua ☞ etiam furtum sua est justitia si inventum fuerit an non I shall also exhibit an Exposition of them both out of a very antient M S book M S. Penes Autorem in which are Registred several Donations to a Cathedral Church in England where after the recital of a certain Charter granted by Edward the Confessour to them Cum Saka cum Sokna there follows an Exposition of them both in red Letters thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Equitur expositio illorum Terminorum Soka Saka 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oka hoc est Secta de hominibus in curia vestrasecundum consuetudinem regni 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aka hoc est placitum emenda de transgressionibus hominum in Curia vestra The first is only the sute of Court due by the inhabitants of a Lordship or Mannour and Sac is the liberty of Holding Pleas and imposing Mulcts and forfeitures upon Transgressors in that Court Mr. S. hath learnedly discoursed this and the Erymologye thereof and because not in controversie I will not therewith further trouble the Reader I am now come to the end of this immethodical discourse and desire his pardon and acceptance of the intention for the thing done for I could wish if this subject should prove pleasurable or delightfull to any that it had been better ordered and clothed in better style and language But now jacta est Alea it must take its fortune and pass under the censures of many some will except against the boldness of the Author in that he is not afraid to Question received opinions and to examine the ipse dixit of the Law I hope such cannot say that it was immodestly or irreverently done some will think it too long others perhaps too short many to be needless so perchance it may fall out that I may escape with the Countrey Priest who coming to a village of Husbandmen that had newly buried their Pastor and over-hearing them complaining that he had not by his Prayers procur'd them rain or fair weather according to their occasions The stranger thereupon offers unto them that if they would procure him the Benefice he would satisfie them in that point which being obtained several of them came to him some for continuance of fair weather others for some showrs of rain to refresh their almost burnt-up grass and every one according as they were ingaged in their several necessities and requisites of Husbandry He told them he could not at the same time obtain fair weather and rain but if they would agree together then he would content them If any carpingly disposed stumble upon this Tract I shall only desire them to meet and agree upon their verdict and I then will undertake to please them To the Ingenuous I have this only to add let Them accept of it as either an Essay or under any other Title or denomination whatsoever and I have done Errata Pag. 5. line 7. for Hellai r. Hellas l. 24. vagerentur r. vagarentur p. 22. l. 2. for Drympeck r. Drympenocke p. 70. l. 25. read bis ceoâ— p. 77. l. 25. read offensive p. 78. l. 12. for Scrâp r. Scâ—ûp p. 94. lin ult for Countries r. Counties p. 130. l. 20 for Ê’ip r. Ê’if p. 157. l. 10. read The changes are very c Some literal escapes a judicious Reader may encounter which are easily amended with his pen. In the Latine Pag. 208. line 12. for Gemmetiam read Gemeticum p. 209. l. 22 for Deurons read Deurous BREVIS RELATIO DE WILLELMO Nobilissimo Comite Normannorum Quis fuit unde Originem duxit c. Ab Authore Anonymo Temp. Hen. Primi LONDINI Typis Guil. Wilson pro Johanne Starkey apud quem prostant vaenales sub Signo Mitrae in Vico vulgo dicto Fleet-street 1663. Dignissimo Henrico Norwood uni Armigerorum pro corpore Caroli Secundi Regis Angliae c. Amoenae Coloniae Virginianae Thesaurario c. Vir Amplissime TUam erga me beneficentiam licèt pensare nequeam lubens tamen recognosco in Magnis quippe voluisse Satis Libellum hunc Nomini Tuo mihi Honorato