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
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
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
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
which Mr. Campden makes a jest saying of Caesar quos ille uâ— Reges de vicisse videatur Reges vocat cum tantum Regâ—li fuerint vel melioris no aenobiles Hence I collect that these Reguli were a constitution at least a Custome antiently among the Britains that Guoronged was a Regulus of Kent and that Vortiger did probably bestow no more upon Hengist than the said Honour or Command of or rather in Kent whether it was under the Title of King Count Regulus or Lieutenant it doth not much matter for the Breaches which the Saâ—â—ons afterwards made upon the Britains were such as gave them liberry to take to themselves what Titles and what of other mens Titles it pleased them Hengist had this Dominion or Province not by Conquest or force but assigned unto him by way of remuneration from King Vortiger for his good service against the Picts or else to preserve and engage him to and in his service and having no more than the like Authority as Guorongus immediately before possessed he could not have any colour or Power by that gift to drive out the Britains from their Possessions or so much as infringe their Customes such an Act would much mis-become the interest of Vortiger to suffer or consent that his people should be delivered up to the spoyl and slavery of the Saxons his very restauration I before spake of is a strong argument against that opinion for what protection could the Britains have expected from him that had supposing the Story true joyned with strangers their Enemies in the dispossossion destruction of his own people and Subjects the same Improbability do I impose upon the alteration of Customes I might aske ad quem finem to what end should he alter their Laws and Customs we must look upon Hengist as an Exile out of his own Countrey who me-thinks could not but be ' contented to find himself and his setled in a way of livelihood in honour and plenty rather than venture to put all to Hazard by needless conrests so that I believe Hengist found this custome in dispute among others used by the antient Britains and intermedled not therewith and this especially for that I look upon it as a true and genuine Stemm of the Customes and Usages of the Original Planters remaining here unaltered through these two grand revolutions of Roman and Saxon Power But a little more to cleer it let us consider the State and Condition of this Nation in their turmoyles with the Saxons and examine whether the Britains were totally extirpated from such places in other parts of this Nation where they did spread their conquering Armes I think by comparing the sense of Histories together it will appear probable that where the Saxons are reported to have constrained the Britains into the Angles of this Island the Optimates and military men were they for the most part that were so forced when as the Agricolae and Villani never moved but as well as they could and according to opportunities made the best conditions they could for themselves with the Conquering Saxons So I find in the * In the little History published by Mr. Whcelock found with the Saxon M S. of Bede writing of the setling of the Kingdome of the West Saxons it is thus Recorded that Cerdic and Ciaric his Son six years after they Landed in Britain Invaded that Province Æ¿aerdn ða aerestan Cyningas þe Æ¿est Seaxena land on Æ¿ealum geeodan i.e. iique erant primi Reges qui Occidentalium Saxonum Regnum INTER WALDOS perdomueraâ— Cities of Excester and Hereford that the Saxons there first placed in Garrison were onely the Soulders who permitted the Britains in quietness to live among them and so probably retaining their Lands to follow their Tillage and Trades till an ensuing Peace inclined all to settlement for otherwise it had not been possible for so many Saxon Armies as were necessarily to be employed at one and the same time throughout this Island for the erecting of seven Kingdomes underseven several Generals or Kings to have subsisted had the Countrey Britains I say deserted their Ploughs and dwellings and desisted from their Agriculture neither could so many Villages be so well replenished by the Saxons only in so short a time had not the Britains made their abode and stay in rhem as we may plainly perceive they were by those antient donations of several of the first Heptarchical Kings in which are recited oftentimes the British names of the incolae of several Villages for the fuller understanding whereof I referr the desirous Reader to the most antient donations to Glastenbury made publike by the Collections in Monasticon Anglicanum And I believe my affirmation grounded upon so much probability that notwithstanding the setling of the English Speech so Generally the greatest part of the Inhabitants of England at this day were it possible exactly to derive their pedegrees from those elder times would prove to be Britains take also into this number such that by the time the Saxons had made their Conquests here had from the Romans been made Emeriti having procured a writ of ease from the Wars and by this time were ennaturaliz'd Britains and seldome do we find or hear that an invading Army did out-number the people of an invaded Countrey neither is it probable that the Saxons as soon as they had made way through much opposition to attain their desires would turn Husbandmen and Grasiers considering the Britains never surceased their claimes nor were weary of infesting them pertinaciously endeavouring to re-gain their losses I rather believe they got themselves into possession of those Villages and Towns that they had thus wrested from the Britains and such of them as had not Spirits by Armes to defend their Country against them they kept to be Instruments of attaining their ends in relation to those necessary ingredients of War viz. Money and Victuals And the multitude of words and those of great singificancy which the Saxons borrowed of the Britains do as so many arguments confirm my thoughts in this point There was not probably a continuation of the British denomination of Officers and Offices Bright from the British word Brith which signifies their Waddecolour which was a lightblew Minsh without the acceptation of the British prudence in founding of them from them it is that to this day the Chief Magistrate of a City is called Meyr not derived from Major Greater but from the British word Miret which is custodire to keep and preserve So Edlin which Mr. Somners expounds to signifie Nobilis splendidus inclytus a word found also in the High and Low Dutch very familiarly yet Docter Davies tells us whence they borrowed it and that it is derived from Ed and Llin which signifies haeres or linea Regis and till I occasionally met with it in his laborious Dictionary I confess my self to have been much troubled to have found it in the Laws of Howel-Dha where it
third Particular said at that time to be much altered and that is our fashions of which I cannot say much and less if I were to speak of our Fashions now a days considering how much we are become the Frenchmens Apes but yet I know not whether a serious observer can find by any probable Record or by the observation of antient Monuments any such Alteration of Fashion as is here affirmed the same manner and form described to be then in use continued many years after if any thing may be Collected from those Habits expressed in the Monumental Effigies of several Persons of those Ages Another Alteration said to have hapned is of our Language concerning which Mr. Daniel hath not without need made a Retractation and saith that the Body of our Language remained in the Saxon yet it came so altered in the habit of the French tongue as now we hardly know it in the antient form it had and not so much as the Character wherein it was Written but was altered to that of the Roman and French now used I know not what Habit he means but this I can affirm that our Language hath in it little of the French from the Norman Conquest but continued as the Normans found it abating only such changes and refinements as Languages receive in the like space of time there being not to be found so much in the English as the very French it self from its self without any such violent Impression as this Conquest may seem to inforce And I would desire of any one that hath observed the Gradual decay of our Primitive English or Saxon what remarkable difference in any thing considerable there is to be found betwixt that of Edward the Confessour's time and that in which Chaucer wrote◠as also how at this day the Saxon Idiom is yet retained among the Commonalty in many Counties of England understand it more especially to have relation to such places that are most Northern and further distant from London a City of great Forein commerce and the usual residence of the English Court for many hundred years for it is plain to me that the present Scotish hath very little receded or altered from the English or Saxon antiently used and by comparing of the Writers of several Centuries together the refining of the English tongue hath not been considerable from Age to Age till within these last Hundred years so that at this instant I cannot perceive into what habit of the French tongue it is altered nevertheless I am not ignorant how that in those first Norman times there wanted not those of the English who by their Adulation and Sycophantizing earnestly laboured to get themselves into some repute of whom that Age took so great notice that in great scorn they reproved and reflected upon them by that common Ironical proverb Jack would be a Gentleman could he but speak French and as for the Characters said to be changed I have seen Charters of Saxon firmed both by William the Conquerour and after his Reign by his Son Henry surnamed Beauclerk all wrote in the Saxon Letter that Character being yet retained in all such Escripts that concern our Laws and is called by the Denomination of Court-hand And again in some very antient Transcripts and Sermons of Saxon written before the Conquest in their own Characters the Latin therein cited did relinquish the Saxon Letters and did espouse the old Roman Characters I urge this the rather to shew that these alterations are not properly to be fixed as an effect of the Norman Conquest and that Writers running much upon Hyperbolical expressions have laid more upon this revolution than it was truly Guilty of To what Mr. Daniel writes that by this Conquest we received new forms of Fights Fortifications Buildings and concludes generally an Innovation in most things but Religion for this last particle that is of so great extent I have said enough already to shew my diffent to his opinion and it being so large in the affirmative I dare not enter into the discourse of it for dolus latet in universalibus and it would take up too much time but to return to these three first particulars now ennumerated I say that probably in them there might be some alteration for I would not be thought so opiniative to believe the English were so tenacious of their own Forms and Modes as not to relinquish them for better they took up afterwards new forms of Fight and came not short of the Normans either in Valour or Renown in the use thereof but to the difference betwixt the forms used by the Normans and Saxons I leave the Reader to the Description of that most remarkable Battel betwixt William the Conquerour and Earl Harold as it is set down by many Historians by which it will appear that there was much difference in the Management and Use of Offensitive Arms But the English presently by their industry in the practique part of Arms came to be not only famous but also terrible to their Neighbours by their Dexterity and Valour Neither will I dispute their Fortifications yet the Romans left the Brytains excellent Notions thereof which afterwards came into the possession of the English and were not at all short of any the Normans could pretend to be Authors of considering the Discipline and Arms of antient times yet true it is that the English at this time were by case and softness almost reduced to that Effeminateness notwithstanding their Danish turmoils that like as the Britains made use of them and their Ancestors against the Picts so now these Saxons make use of the Normans against the Britains for the preservation of their Welsh Borders of whom a considerable party lay in Garrison in Hereford and were after William the Conquerour had been here above a year hard put to it under the Government of Scrâp as he is named in Domesdey by Edricus Silvaticus or Salvage Lord of Wigmore who at last was taken by Radulfe de Mortuomari his Lands being by the King for this great Service bestowed upon the said Radulfe these Normans which I suppose were introduced by Edward the Confessour the Conquerour took care of in a Provisional Law which carries this Title before it De jure Normannorum qui ante adventum Guilielmi Cives fuerant Anglicani where in the Body thereof it is that Omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod ipsi dicunt Anhlote Anscote i.e. Scot and Lot as we call it persolvat secundùm legem Anglorum but this was not altogether so strange if we consider the Warlike disposition of the Normans in that Age in continual Turmoils with the French and the relation King Edward had to Normandy Their Fortifications were not of any great Variety Judge Dodaridge in his Treatise of Nobllity p. 118. Writing of Knights their disposing of their Estates in those Elder times saith For they did thus