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A64239 The history of gavel-kind with the etymology thereof : containing also an assertion that our English laws are for the most part those that were used by the antient Brytains, notwithstanding the several conquests of the Romans Saxons, Danes and Normans : with some observations and remarks upon many especial occurrences of British and English history / by Silas Taylor ; to which is added a short history of William the Conqueror written in Latin by an anonymous author in the time of Henry the first. Taylor, Silas, 1624-1678. 1663 (1663) Wing T553; ESTC R30161 142,021 250

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Herluinus de Contavilla *** Willelmus dictus nothus Dux Normanniae postea conquestu Rex Anglorum sepultus jacet Cadomi in Ecclesia B. Stephani Matildes Ducissa Norm postea secundum historiam nostram Comitissa Cantiae denique Regina Angliae *** Robertus Dux Normanniae Willemus secundus Rex Angliae sepultus in Ecclesia Sancti Petri Winton requiescit *** Henricus primus Rex Angliae Dux Normanniae Malda sen Matildis filia Malcolmi Canmoir tertii Regis Scotorum Margaretae Sotoris Edgari filii Edvardi Matildis Imperatrix Odo Episcopus Bajocensis a Rege Willielmo fratre suo uterino in dignitatem Comitis Cantiae in Anglia promotus erar Robertus Comes Montaigniae sed Moritonii dicitur in frag Steph. Cadomensis vir crassi hebetis ingenii ut apud Willielm Taylyur de Rotomag Emma uxor Ricardi Comitis Auranchiae in Normannia quibus genitus erat Hugo Lupus Cestriae Comes Palatlnus filia Willielmi ducis Normanniae nupta Herberto Comiti Giromandorum Girlotta nupta Gulielma Pictaviensi Comiti quae Gerloc dicitur Th. Wals in ypod Neustr Gul. Gemet Books Printed for and Sold by John Starkey at the Miter betwixt the middle Temple-Gate and Temple-Bar in Fleetstreet Folio's THe Voyages and Travels of the Duke of Holsteins Ambassadors into Muscovy Tartary and Persia begun in the year 1633. and finisht in 1639. containing a Compleat History of those Countries whereto are added the Travels of John Albert de Mandelslo from Persia into the East-Indies begun in 1638. and finisht in 1640. the whole illustrated with divers accurate Maps and figures and written by Adam Olearius Secretary to the Embassy The World Surveyed or the famous Voyages and Travels of Vincent de Blanc of Marseilles into the East and West-Indies Persia Pegu Fez Morocco Guinny and through all Africa and the principal Provinces of Europe A Practical and Polemical Commentary or Exposi●ion upon the third and fourth Chapters of the ●atter Epistle of Saint Paul to Timothy by Thomas Hall B. D. Brevia Judicialia or an Exact Collection of approved forms of all sorts of Judicial Writs in the Common-Bench together with their returns by Rich. Brownlow Thesaurus Brevium or a Collection of approved forms of Original and Judicial Writs in the Kings Bench with their special Directions by J. C. Action upon the Case for Slander or a Methodical Collection of thousands of Cases in the Law of what words are Actionable and what not by VVilliam Shepheard Esq Guillims display of Heraldry Blundels Treatise of the Sybells Quarto's A Collection of Declarations Messages Speeches Remonstrances c. which passed betwixt King Charls the first and the long Parliament in the years 1641 1642 1643. Richard Baxters Treatise of Saving Faith Lawsons Politica Sacra Civilis or a model of Civil and Ecclesiastical Government The History of Gavelkind with the Etymology thereof containing a vindication of the Laws of England together with a short History of VVilliam the Conqueror by Sylas Taylor Octavo's An Historical and Geographical description of the great Country and River of the Amazones in America with an exact Map thereof Translated out of French The Shepherds Paradise a Pastoral by VValter Mountague Aminta the famous Italians Pastoral translated into English Ploudens Queries or a Moot Book of choice Cases in the Common-Law Englished methodized and enlarged by H. B. An Exact Abridgement of all the Statutes in force and use made in the 16th 17th 18th of King Charls the first and in the 12th 13th 14th of King Charls the second viz. from the 4th of Jan. 1641 2. to the 81th of Febr. 1662 3 by William Hughes Esq Finche's Discourse of the Law in four books Engl. Tho. Goodwin Opuscula Theolog. Tho. Hall Apologia pro Ministerio Evangelico Translation of the second book of Ovids Metamorph. Treatise against the Millenaries Twelves Tho. Hookers Missellanies in Divinity Rich Baxters Call to the Unconverted
that Recreation compassing the Countries took many wild Beasts alive and from every Country where he caught them carried of the same Earth together with the Beasts back with him to Rome Augustus as his manner was sitting in the Circus to him came Augarus shewed him the Beasts and the Earth and which Country Earth belonged to every Beast The Earth he caused to be laid in several parts of the Circus and all the Beasts to be let go from one place whereupon every Beast leaving one another ran to the Country Earth from whence he was taken The Emperour beheld it long and earnestly wondring to see nature untaught make even to Beasts their native Earth desirable of which Augarus made use as an Argument for his desire to return to his native Country Augustus overcome with the Argument though unwillingly yet granted his desire This is that I say to which by Nature we have an inclination and enforces a certain natural propensity which tends us toward our first Original beeing shall those Means then be slighted which bring things distinctly separated to this first Source and Fountain There is a kind of secret impulse which with pleasure and delight carries us to this search but what it is we know no more than what is Sympathy By this I was carried out to this Work and hope Courteous Reader it will gain your favourable acceptation at least by way of excuse to favour it with an abatement of your expectation of the exquisite ingredients of Language and Method for seriously my rude Minerva cannot atchieve them All that I pretend unto is to retire my self unto my Homely-antient-native Earth than which no other Turff at present better pleaseth me If any particular by reason of the irregularity of this Discourse may seem to be passed over it is not the proceed of fear to enter upon the merit of the cause or in the least out of any design to praevaricate and perhaps in those cases if any such there be my thoughts are and I am perswaded you will find that such particulars under some one or the like Head have been already answered My labour and intentive aim and scope hath been as much as I could to avoid Tautologies which was a difficult task to be performed in such contests where the Maxim received proves mistaken or erroneous which frequently ingages a simular resiliency upon all Deductions thence enforced I have made choice of such particulars whereon I guess Mr. S. lays the foundation of his Structure to be the Texts and Heads of my several Chapters wherein is first shewn the Probability that in all first Plantations there was the practice of Partition next that the Brytains the Aborigenes and first Planters of our Isle had the knowledge and usage of it And that the several Invaders and Conquerours of our Island did not alter the antient Laws and Customs thereof That the knowledge and use of the word Savel is still among the Cambro-Brytains the scope of the whole work being to prove it of a British Original and that all their Laws did centre antiently upon Partition It discourses when and for what reasons Primogeniture swallowed up Partition and had the Preference with several accidentals relating to the understanding of antient History which intermixture all the Sections and Chapters have but in this I shall referr you to them or to the Table The Latin Tract Printed at the end of this Book as I think and I believe when you have read it you will be of the same Opinion was wrote in the time of Henry the First surnamed by our Writers Beauclerk the Son of William the Conquerour made above five hundred and threescore years since In which are several matters to be found that are worthy remark among the rest a Catalogue which I never met with in any History before this extant of those that contributed Ships in the Great Norman expedition I cannot guess at the Author's name yet by what he concernedly insists upon in one place I judge him to be a Monk of Battel Abbey founded by William the First near that place where he had the Victory over Harald This is but Guess However that this Treatise may not be as it were Buried and to the Lovers of this Study by reason of its smallness not easily found I have adventured to set it out to accompany this my Discourse for the use of those that are Lovers of Antiquity I will not be too tedious in Prefacing nor oblige any to think that a plausible Prologue will better a bad Play make tryal and if then Candid Reader this finds your Courteous acceptance it will ingage the not-confident Author in his other Studies to be Yours S. T. A Table of the Chiefest Passages and Denominations in the following Tract A. A Cangre in Hantescira Fol. 66 Adder about the neck of a new born Child Fol. 22 Adultery the Forfeiture and Punishment of it Fol. 71 72 Aethelbert King translated the Welsh Laws Fol. 53 Aethelstan King his Laws concerning the Welsh Fol. 52 Aetius the Consul who Fol. 36 Alban St. his Troubles and Death Fol. 32 Albania Fol. 86 Alured King his Laws of Mulcts what Fol. 54 Allegiance and Fealty by Oath its antiquity Fol. 55 61 Alcabala or Alcavala in Spain what Fol. 114 Alphredus Magnus Translated the Laws of Molmutius Dunwallo out of British into Saxon Fol. 54 Alwi filius Turber de Rochborn Fol. 66 68 Ambrosius Telisinus the antient British Bard Fol. 84 85 Antiquity of the Welsh Laws Fol. 154 155 Antient Customs Fol. 70 Arms descend to Brethren by Gavel Fol. 139 Armorica expounded Fol. 146 B. BArds Fol. 19 20 Bards Genealogists for the Brytains Fol. 20 The honour due to them Fol. 23 Base Brytain in France and Cornwall mutual understand each other Fol. 146 Bastards inherited with the Legitimate of Wales Fol. 28 The like in Ireland Fol. 153 Beer-Gavel Fol. 119 Bigott what in signification Fol. 178 Boer what Fol. 175 Boadicea Queen of the Iceni her speech Fol. 32 33 Bordmanni what Fol. 169 172 Borough-English Tenure Fol. 102 Brehon Law in Ireland Fol. 99 153 Brecknoc Fol. 94 Bristelmestune Fol. 116 171 Britains Antiently free Fol. 16 35 Not exiled out of Kent Fol. 38 Co-inhabit with the Saxons Fol. 37 Their customs concerning Saints Fol. 91 Expell the Picts from Scotland Fol. 164 165 Settle themselves in the Low-lands of Scotland ibid. Descended of the Trojans Fol. 83 84 British Language Fol. 12 British propriety Fol. 16 British Valour feared by the Romans ibid. British Baskets Fol. 31 British race extended Fol. 48 British Gavel and German Landscheuten the same Fol. 137 British Laws made by Molmutius Dunwallo Fol. 154 Collected and Reformed by Howel-dha ibid. Brute Fol. 84 85 Brutes partition Fol. 15 16 85 Brytania from Bryton Fol. 87 Buildings of the Saxons Fol. 79 80 Buildings of the Normans ibid. Burgage what Fol. 171 C. Caer what Fol. 134 Castrum or Chester what ibid. Caesars Warr against the
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 Scotc● 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. S●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 Mo●ks in Durh●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 ●cctem sequentem sine excubiis supi●t sine ordine sparsi sine disciplina negligentes sine timore stulti in luxu compotationibus consumunt Hostis de hac re certio● factus ad omnem occasionem intentus illos media nocte somno vinoque sepul●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 los● 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