Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	land_n	normandy_n	2,612	5	11.0984	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93553	A treatise of gavelkind, both name and thing. Shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. With sundry emergent observations, both pleasant and profitable to be known of Kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. By (a well-willer to both) William Somner.	Somner, William, 1598-1669.	1659 (1659)	Wing S4668; Thomason E1005_1; ESTC R207857	133,861	236

as it is used besides in composition in each importing Cens i. e. Rent either in money provision or works And being thus far advanced in the dispatch of our positive Proposition what is the true sence of Gavelkynd I must now desire the Reader in the next place to observe and consider with me that as there are divers sorts of land to be found both in this County and elswhere by the nature of their Tenure not Censive or Censual nor of the kind to pay or yeild Gavel that is such Rent or Rent-service whether in money provision or works as ariseth from ignoble base and plebeian Tenures in which onely Gavel is conversant to those of whom such lands are holden those namely holden in Alodio in Frankalmoigne or Mortmaine as called also abroad because yeilding the Lord no profit as being in a dead hand in Knights-service in Frank fee and the like so is there also such as that holden in Socage or Burgage Tenures or the like though free which contrariwise is Censual liable to Rent in some one or more of the kinds premised To distinguish therefore if not generally what land is from what is not of Gafol gilden nature or of the kind to yeild or pay Cens yet specially to put a difference between what alone is properly and anciently called Fee Knight-service land and it under which double head is comprised the generality of our whole Countries lands answering as to that dichotomy of Chivalry and Socage Tenures whereunto all the land in England in the hands of common persons is referred so also to that known distinction of their lands in Normandy from whence as some surmise we received our Gavelkynd whereof more hereafter unto Fief de Haubert and Fief de Roturier that is the Noblemans Fee and the Husbandman or Ploughmans Fee for distinction sake I say of Censual or rented land or Rent-service land from what like Fee properly so called being holden per liberum servitium armorum yeilded no Cens Rent or Service whether in money provision or works the former of the twain was called Gavelkynd that is as Mr. Lambard rightly in the second of his fore-mentioned conjectures of the kind or nature to pay or yeild rent or land holden not properly in Fee but as the Feudists are wont in this case to distinguish contractu censuali as being letten out with or under condition to pay Cens or Rent or with a reservation of Cens or Rent like unto those in the charters of the Conquerour and his son Hen. 1. the one to Battell the other to Reading Abbeys expresly called Terrae censuales and there opposed to Fee witnesse this provision occurring in each charter Terras censuales nec ad feudum donet nec milites nisi in sacra veste Christi faciat nec de possessionibus Ecclesiae quisquam teneat aliquid feudaliter absolutum sed ad censum annuum servitium Abbati monachis debitum See Clement Reyners Apostolatus Benedictinor in Anglia tract 2. pag. 137 154. It is no simple word Gavelkynd but a compound of Gavel and kynd the latter syllable whereof to proceed on to that cometh and is contracted of the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word frequently occurring in the Saxon Sermon set forth and published by Mr. Fox in his Acts and Monuments and again of late by Mr. Lisle as an Appendix to another Saxon piece a Treatise of the old and new Testament in the version or translation of the word they both concur rendring it in our modern English Nature To give an instance or two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. after true nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. it is naturally and the like I● will peradventure be objected that Mr. Lambard in his Perambulation pag. 495. meeting with the word several times in the Saxon will of Byrhtric of Mepham in this often repeated passage there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alwayes translates it after the old Latine version in Textus Roffensis within that kinred and in a marginal note against it calleth it a kynd of gift in tayle But for reply if I may have leave freely to deliver my sence that version is not good for under favour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there importeth not as that Translation would kinred but rather kynd nature sort quality or condition and consequently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there if rightly is thus I take it and not otherwise to be Englished viz in that kind or after that nature or upon the same terms or with the same condition having relation if you mark it to the tie upon the next precedent legacies gifts or devises of other land charged either with alms or with rent in way of alms payable thereout by the Legataries or Devisees for the Devisor or Testator his souls health Had it been otherwise ted books the following passage in a Charter recorded in a Lieger of the often alleaged Cathedral at Canterbury of certain land all which the party had in Southwe●k given to that Church by Norman le Wautier in the year of Christ 1204 which thus speaketh Et quia praedicta terra de libero catallo proprio perquisito meo fuit non de aliqua hereditate parentum meorum ideo De●minde S. Thomam Martyrem Sanctos Cantuariensis Ecclesiae conventum monachorum ejusdem heredem meum legitimum inscribo hac mea carta in perpetuum constituo To which many more such like might easily be added from the same Promptuarium The F●udists in this case distinguish between Feudum novum antiquum as may be seen in Vulteius de Feudis lib. 1. cap. 10. num 73. In the next place the Reader may please to observe with me that as Britton distinguisheth of a double tenure in Mortmaine the one called Almoigne or Aumone simply the other Frankalmoigne describing the former to be a gift in alms but not free alms because saith he a certain service is reteined or reserved to the Feoffor cap. 66. fol. 164. ● so this in hand is no alienation in Frankalmoigne the F●offers it seems not intending to give the land in that absolute manner but in token of Seigniory to reserve something of service to themselves phrase their gift not in puram eleemosynam or in liberam eleemosynam one of which words viz. either pura or libera is some say others say both essential to the making it a tenure in Frankalmoigne and to the excusing it from service with which the next following words and to Gavelkynd could not have consisted pure alms or Frankalmoigne excluding the return of all but divine services and burthens they phrase it not therefore I say in puram or liberam ele●mosynam but onely in perpetuam ele●mosynam and to Gavelkynd by the former of these words investing the Hospital with an estate in perpetuity by the latter and the Reddendo following saving and reserving

properties incident to our Gavelkynd it might and no doubt but doth differ from it Besides that such partible land elswhere should be called Gavelkynd will not stand with out premised grounds excluding Prescription in Gavelkynd land whereas in such places abroad though haply not in whole Counties yet in particular Manours I conceive it 's necessary even in their Gavellonds whereof I find mention made in several manours out of Kent as some in Kent to shew quod terra illa à toto tempore c. partibilis fuit partita the accustomable actual partition of it being there as necessary to be pleaded and proved as its capability of such a property Add hereunto that if all partible land were Gavelkynd rendred such by partition alone then were Bractons Sicut de Gavelkynd vel alibi ubi terra est partibilis ratione terrae an improper expression We are told that this Custome of Gavelkynd partition takes place hath done at least in other countries or counties besides Kent and Littleton instanceth in North-Wales But what custome I pray a custome indeed like to that in the Scottish Socage land of partition that 's true and testimonies of it are obvious such as besides that of Littleton Statutum Walliae the Welch History and some Acts of Parliament But still I say no Gavelkynd-custome taken in its true plenary and compleat acception comprising all the properties of it obvious in the Custumal As then for other Countrey-mens communicating with us of Kent in the Tenure I conceive it first came up by way of imitation of our example in Ireland especially and amongst the Welch-men in whose Vocabulary or Dictionary the word is sought in vain as it is also in that old Statute which concerns them Statutum Walliae where though mention may be found of a custome there obteining of partition of their lands like to that of our Kentish Gavelkynd yet without any one word of Gavelkynd And if perhaps it may be found in their deeds charters or other records yet as one saith in a case not much unlike conditioned to this of ours whose words with very little variation I shall therefore take up here Suspicari licet hanc vo●em pluribus illorum chartis actisque publicis n●n tam illorum quàm pragmaticorum usu ac instituto invectam i. e. 't is to be suspected that it had its imposition and was first transmitted hither by our Lawyers who borrowed the term to make use of it for illustration sake like as of late I am perswaded the Parliament did in that Stat. 34. Hen. 8 cap. 26. where the term of Gavelkynd haply is but borrowed to help describe and illustrate that partible quality there mentioned of the lands in Wales which I am the more induced to conceive because in a former Statute concerning Wales namely that of the 27th of the same King cap. 26. making mention of this partition Gavelkynd is not at all remembred In imitation then as I conceive of the Kentish-men the generality of whose partible land of long time hath notoriously been known by that title and whose lands alone of all the Counties of England at this day be of the nature of Gavelkynd of common right this name or term of Gavelkynd in lands elswhere of like condition in matter of descent hath been taken up and is reteined By that which hath been said I may be thought to incline to their opinion who hold that Socage and Gavelkynd are Synonyma terms identical and of one and the same signification here in Kent and that consequently what land here is of Gavelkynd-nature is of Socage-tenure as on the other side what land is of Socage-tenure is of Gavelkynd-nature I answer No for I require in this case I mean to make Socage land here in Kent ipso facto partible after the custome of Gavelkynd that it be granted out and holden in Gavelkynd expressely or in terms equivalent as I said before yet with that distinction oftimes wherewith I there qualified it Notwithstanding I am not of their mind who distinguishing between free and base Socage in Kent make the natures of their descents divers the free Socage say they descending to the eldest alone the base falling in division between him and all his brethren Thus Mr. Lambard in the person of others to help justifie whose distinction with the inference upon it he there exhibits an Inquisition taken after the death of one Walter Culpepper making mention of divers parcels of land and annual rents holden by the deceased at his death some in liberum feodum others in Gavelkynd the former of which by the verdict of the Jury was to go to the deceaseds eldest son alone the latter in common amongst him and the rest of his brethren Thus the Inquisition which as Mr. Lambard there follows it cleerly distinguisheth free Socage from the Gavelkynd interpreting it seems liberum feodum there by Free Socage and it may be rightly however I crave leave of dissent and as it is but fit shall give my reasons For my part I never found Free Socage any where expressed by that term or in Latine rendred Liberum feodum nor perhaps to those of more diligence and more conversant with our Law-records than my self hath it ever occurred under that notion Nor have I met with any Free Socage as this here not subject to the rendring of some kind of service either in denari●s or otherwise By Liberum feodum I understand sometime Feodum militare which is often in old Records called Liberum feodum In a very ancient Rental of Southmalling manour in Sussex we have this title Liberi feodi and under it Godefridus Walensis tenet 111 feodos milit in tenemento de Malling quartam partem unius feodi apud Terring per liberum servitium armorum suorum Willmus de Bransa tenuit apud Adburton unum feodum militis per liberum servitium armorum suorum And so some others Apposite here is that of Bracton Notandum saith he quod in servitio militari non dicitur per liberum servitium ideo quiaconstat quod feodum tale liberum est c. Sometime also by Liberum feodum I understand what I conceive it doth principally denote unto us Frank Fee that is by the Feudists definition such pr● qu● nullum omnin● servitium praestatur and therefore is of them reckoned inter Feudastra or Feuda impropria And such as this seemeth to be meant by Liberum fe●dum in that Inquisition because it is there in terminis expressed to be holden just after the manner of Frank Fee by the precedent definition of it absque aliquo servitio inde faciendo And if Frank Fee then in probability not Socage for as all the land in the Realm say our Books is either Ancient Demesne or Frank Fee so none say they is to be accounted Ancient Demesne but such as is holden in Socage

pleasure ibid. censual not censual 35. how many several kinds of land before the Conquest 114. as also since 115 Landagendman what 15 Land-boc what 112 Land-gabel what 15 Land-gafol what ibid. Leaf-gavel what p. 27 Lef-silver what ibid. Les-gavel what ibid. Les-gold and Les-yeld what ibid. Liberum feodum what 56 Lyef-geld what 27 M. Mailer what p. 34 Mailman what ibid. Mail-payer what ibid. Mala what ibid. Malt-gavel what 27 Malt-peny what ibid. Malt-shot what ibid. Manopera what 24 Mete-gavel what 31 Mirroir the book so called censured 104 Molland what 117 Molmannus what ibid. Monday-land what 120 Mortdancester the Assise so called where it lies 152 157 Mortmaine what 40. the tenure of it double ibid. N. Names to be sutable with things very convenient 11 Nativi in Kent 75 Neatland what 114 Nidering alias Nithing a nickname of what signification whence derived 65 O. Oale-gavel what 24 Ordericus Vitalis his relation of the Conquerors proceedings and progresse after his victory neer Hastings p 71 Ordinary his power of d●stributing Intestates goods here in England when beginning as also in Scotland and Normandy 79 over-Over-land what 119 Out-average what 116 P. Parceners how many sorts 42 Paroc what 23 Partition in Gavelkynd land neither from the name nor nature of it onely 44. nor from prescription 46. but partly from the nature of it and partly from custom and what 47. the antiquity of it 61. whether inherent in the land 247 150. why more general in Kent than elswhere 52 61. whether brought hither by Odo out of Normandy 61 81. whether continued there by composition with the Conquerour 62 Partition but one property or branch of Gavelkynd 48 146. out of Kent whence obteining ibid. 54 Partition of goods 79 Peny-gavel what 26 Some Phrases in Ingulphus ancient Charters questioned p. 101 Pictavensis his relation of the Conquerors proceedings and progresse after his victory neer Hastings 69. himself the Conquerours Chaplain and an eye-witnesse ib. Portfoc● what 135 136 Portsoken what 135 Potura what 29 Prescription not good in Gavelkynd and why 44 R. Rationabili parte bonorum 78 91 Redditus albi what 34. nigri what ib. Restitution a Charter of it by the Conquerour 68 Rip-silver what 19 Rochester Castle besieged by Will. 2. 64 Rod-land what 117 Romney the Conquerours passage by it in his march to Dover 69 S. Contract of marriage in Saxon 75. the edition of it corrected 76. Several wils in Saxon 85 Scip ship in the termination of words what signifying 106 Scotale what 29 Scrude-land what p. 119 Seisin how delivered in the Saxons times 112 Servi in Kent 74 Servitus rusticana 127 Sextary-land what 119 Smithesland what 118 Soca Socha Soke Sokne what 133 137 Socage free and base 55. the derivation of the word and what it signifies 129. whether it and Gavelkynd Synonima's 55. its original 127. opposite to Villenage 139 Socage-land and service so called elswhere in Kent termed Gavelkynd 49 Socagium the distinction of it into liberum and villanum whence 141 Socmanni 137 Sokerevi 134 Sokmanry 137 Spelman Sir Henry his derivation of Gavelkynd 3 Spots story of the Kentishmens encounter and composition with the Conquerour exhibited questioned refuted 63. a meer monk●sh ●igment and why devised 71. when he lived 64. his commixture of falsity 63 Stigand the Archbishops deposing for opposing the Conquerour not warranted by ancient story 75 Sul-aelmesse what 132 Swilling-land what 117 Swine-gavel what 23 Swine-money what ib. Swine-paneges what ib. Swinhey what 190 T. Tainland 121 Tenure all land in England subject to it 126. how different from Custome 144 Tenure 1 by Divine service 2 in Frankalmoigne 3 in Fee ferm 4 by Petite Sergeanty 5 by Escuage certain 6 in Burgage all Socage and whence 130 141 Tenure in Mortmaine twofold 40 Tenures in Chivalry and Socage all lands both in Kent and elswhere throughout England reducible to one or t'other of them 129 Tenures in Gavelkynd new created 9. what before the Conquest 112 Terra ad gablum posita what 14 Terrae censuales what 36 Terra haereditaria 84. libera 58 84. susanna 118. testamentalis 84 86. unde nemini respondetur 120 Thegenes 1●3 Theines p. 123 Threnges ibid. Tol-sester what 24 Truth often lost by too much altercation 62 Twy-gavel what 28 Twy-sket what ibid. V. Verstegan his derivation of Gavelkynd 3 Villani in Kent 73 Villenage opposite to Socage 139 Villeine services when first ceasing so generally in Kent 58 Villeine and Villenage in England in the Saxons time 66. in Kent since the Conquest 72. and in Gavelkynd land 73. as also before the Conquest 75 Vilienagium privilegiatum 141 Unlandagend what 1● Utland 114 W. Wareland what 118 Weilreif what 65 Were-gavel what 28 Werk-gavel what 26 Werk-land 57 White-rents what 34 Wills in Saxon 85 Wood-gavel what 26 Words in Ingulphus more ancient Charters a sort of them questioned 101 Work-land what 115 The Writ De rationabili parte bonorum whether lying at the Common Law or by Custome 78 91 The Writ of Ex gravi querela where it lies 153 159 Y Yoke-land what 117 FINIS a Nomina si n●scis perit cognitio rerum Isid O●ig l. 1. cap. 7. Arist 1. Phys 2. Metaphys Idem 2 Metaphys Sir Hen. Spelman in voce Gaveletum Britannia in Kent * The English Lawyer p. 73. * Interpreter in voce Perambul p. 528. a See the addition to Dr. Casaubons Treatise of Use and Custome b See Sir Ed. Coke Instit part 1. fol. 115. a. ff de Reg. Jur. l. quod ab initio c Duarenus Commen● in Tit. de Pactis p. 49. ● d See Kilianus Diction verb. Knecht Lamb. Peramb p. 547. Vid. Dictionar nostr Anglo-Sax i● voc● e Davies Reports Le I●ish Cust de Gavelkind fol. 49. f ●racton de acq●iren rer dominio fol. ●4 a. g De morib Germanor h l. inter filios l. famil hercis l. si quis à liberis ●f de l●b agnos● l. si major in si l. communi divid i Lib. 1. Feud tit 6. Parag. 2. ibi Ho●om k Li. Hen. 1. c. 70. Glanvil li. 7. c. 3. Bracton fol 65. a. l And another in the Appendix Scriptur● 9 m See Vulteius de Feud li. 1. c 8. nu 37. p. 341. n Glanvil lib. 7. cap. 1. o See the ● Proposition p Perambu● p. 544 q Anno 18 Edw. 1. r Lib. 3. ●●l 374. a. † Conveniunt rebus nomin● saepe suis ſ Nominae cum re consentiant Plat● de Sapient Gafol what signifying Glossar verb. Gabell● ſ Peramb p. 529. t Instit p. 1. fol. 142. 2. u In Archiv Eccles Cant. † fortè he●e● Conteining four gallons so Fleta lib. 2. cap. 12. x Coke Instit p. 2. p. 58. y Spelm. Gloss in voce z Lamb. Archaion fol. 45. cap. 2. a Spelm. Gloss in voce ●avel-●orn Corn-gavel Cavel-erth * In Archiv Archiep. Cant. Biaus Benerth a Et omnes tenentes de isto jugo

against it by the same Swinbourne fol. 113. a. gave place to this kind of tripartite division witnesse besides Mr. Lambard Perambul pag. 561. what in a book lately published intitled the City-law and said to be translated from an ancient French Manuscript pag. 7. is delivered in these words And it is to be understood that when a Citizen of the same City London hath a wife and children and dies all the goods and cha●tels of the said party deceased after his debts be paid shall be divided into three parts whereof one shall remain to the dead and shall be distribu●ed for his souls benefit and the other part shall be to his wife and the third part to his children to be equally shared between them notwithstanding any will made to the contrary c. But to proceed although Glanvill Bracton and Fleta one and all seem to conclude for this rule or order of Partition to obtein and take place by the Common Law yet as this course did not long survive them but except where particular Custome such as that whereon the Writs in the Register are grounded kept it up at length grew into dis-use in the case both of testate and intestate persons witnesse on the one hand the liberty time out of mind generally used at pleasure to dispose of personal estate made by will and on the other the Ordinaries well-known power of distribution of Intestates goods which is not without warrant from that clause at th' end of Magna Charta's 18th chap. whereof in Matthew Paris and elswhere so with all these passages in Glanvill Bracton and Fleta are so inconsistent with what in the case of testate persons themselves with almost the same breath deliver that I know not how possibly to reconcile them Whereof the former thus Potest enim quilibet homo liber majoribus debitis non involutus de rebus suis in infirmitate sua rationabilem divisam facere sub hac forma secundùm cujusdam patriae consuetudinem quod Dominum suum primò de meliore principaliore re quam habet recognoscat deinde Ecclesiam postea vero alias personas pro voluntate sua Quicquid autem diversarum patriarum consuetudines super hoc teneant secundùm jura regni non tenetur quis in testamento suo alicui personae praecipuè nisi pro voluntate sua aliquid relinquere libera enim dicitur esse cujuscunque ultima voluntas secundùm has leges sicut secundùm alias leges The other two to one effect thus Cuilibet autem sit licitum facere testamentum de rebus suis mobilibus se moventibus quatenus superfuerit deducto aere alieno scilicet debitis aliorum c. Thus in mine opinion do the same men more than seem to fight with and contradict themselves and how to set them agreed is past my skill But indeed vix tanti est 't is not much material since if we shall admit what some eagerly contend for this rule and order of partition to have sometime been by Law currant throughout the Realme yet by general disusage and discontinuance it is now and that not lately antiquated and vanished out of ure both in this of Kent and other Counties surviving onely for ought I hear in the Province of York and some few Cities and that it should ever be revived at least in the case of testate persons until first some way may if possibly be found how to dissolve this knot and remove this rub of flat repugnancie and disagreement of those ancient Authours the vouched Patrons for it with themselves in the point I for my part saving better judgement see but little reason and further than thus dare not in a case so controverted and canvased by learned and judicious Lawyers interpose any judgement of my own PROPOSITION IV. Whether Gavelkynd be a Tenure or a Custome IT will not be amisse I hope to usher in the answer to this Quaere with some digression concerning Tenures Facing then about and looking back upon the times before the Conquest inquire we out the Tenures if I may so call them then in use and what other succeeded in their places afterwards at and since the Conquest Here I expect it should be granted for 't is avouched I am sure by several men of credit that before the Conquest we were not in this Kingdome acquainted with what since and to this day we call Feoda Foreiners Feuda i. e. Fiefs or Fees either in that general sence I mean wherein they are discoursed of and handled abroad in the Book thence intituled De Feudis at home in that called Littletons Tenures or in that particularly understood of us when we treat or speak of Knights-Fee which could not then be known here when Knights themselves were not in being as saith a Record in the Cathedral of Canterbury whereof more anon they were not till the Conquerours time Or if in effect they were known to us yet in terms certainly they were not for the name of Fee or Feudum in this sence is no where to be found in any our Records or Monuments of those dayes now extant and of credit if my self and others have not been more unhappy to misse it than indiligent to seek it 'T is true it occurrs in the fifth and sixth of the Laws ascribed to the Confessour set forth by Mr. Lambard in the Varia lectio there in the margent but besides that the Text in each place reads it Fundo those Laws I take it for the most part especially as to their phrase carry not that antiquity but like those of like kind in Scotland ascribed to King Malcolm the second and King Alureds will at the end of the Story of his life penned by Asserius where the word several times occurrs savour of a later dresse The like no doubt may as truly be said of that Qui in feodo suo in the old Latine Version of King Edgars Laws following those in the original Saxon set forth in the late Edition of the Councils by Sir Henry Spelman pag. 446. And may we not upon this amongst other grounds question those Charters in Ingulphus thus far I mean as to doubt whether many if not the most of them speak not another than that tongue in which they were originally penned as being by the Authour though English born yet afterward Normaniz'd by conversing there some time as a Retainer and Secretary to Duke William afterward Conquerour and King of England whose Story is penned in Latine the better to suit with it taught to speak the Latine of his time and late Masters native Countrey upon this ground I say that amongst many other phrases scattered here and there not in use with the Saxons nor ever heard of here in England till about Ingulphus own time such as Averia Ballivus Bedellus Communa pasturae Justiciarius For is factura Tenura Weif Stray with many more such like which I forbear to name in this