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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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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