the Vaughans of Brechnock-shire and many other Gentlemen who are termed Tylwyth Voreiddig 1. Gwgan ap Blethin 2. Cadivor ap Blethin Gryff Gwyr from whom the Families of Brechn Glamorg and Carmatthenshires come called Tylwyth Howel-Melyn that is Howel-Melyns Posterity Owen Gethyn from whom many Gentlemen in Brechnock-shire are descended called Tylwyth Owen Gethyn that is the Posterity or Tribe of Owen Gethin Here you see this Bard hath not onely vouchsafed unto us the Tylwyths arising out of this short Pedigree but also the very meaning of the word in the English Thus were their Memorials preserved by them who the better to infix them and also for a greater stimulum to Heroick Actions in their Songs deduced from Age to Age delivered to them from their Predecessors did celebrate the Praise of their Worthy Men which Custom in some places they yet retain And of so great account were these Bards that by the Laws of Howel-dha an honorable Provision was made for the chief of them in the Court who was to reside near the Person of the Prince and of so great repute was this Place or Office that to the Dignity was annexed a particular Refugium The use of these Tylwyths was to shew not onely the Originals of Families as if their work had been meerly to run over a Pedigree but the several Distinctions and Distances of Birth that in case any Line should make a failer the next in degree which is the same with the German Proximus Gradus may make an unconfounded use of their interest according to the Rules of Partition by their Gavel I told you before how in all their Pedigrees there was a preference of Primogeniture which was onely in honor and respect and not in unequal divisions of the Patrimony for in these the better to carry a light â—â—d lustre they pointed at the Penennedl of each Family who as the Prince of their Tribe and Kindred was always had in much honor and reverence among them Which respect was like that wherewith the Jews did honor their Chiefs mentioning them with that title of respect in calling them sometimes Heads of their Father's house other-while Chief men and in other places of Scripture they are made known by this account viz. By their Generations after the House of their Fathers and in this form did they inroll their Bands of Soldiers for the War for it is written in the Chronicles 1 Chron 7. and 8 chapters that David assembled all the Princes of Israel the Princes of the Tribes c. unto Jerusalem Numb 25.44 In like manner it is recorded in Numbers that the name of the Israelite that was slain was Zimti the son of Salu a Prince of a chief House among the Simeonites And in the following verse it is remembred that The name of the Midianitish woman that was slain was Cozbi the daughter of Zur he was head of a People and of a chief House in Midian Where this order of Partition was in force there is it most necessary that Genealogies should be most exactly kept and by the Mosaical Law so great care was taken in this point that the Tribes were not permitted to have mixtions together by Inter-marriages And although in many of the High-lands of Scotland they have lost this Tenure yet have they with much affection retained their respects to the Heads of their Clans calling them their Chiefs to whom in former times they gave more respect and were with more obedience commanded than by their Princes The Pedigree before recited I told you I gave to shew their manner of recording their Families of Gentry distinguished from their Pen-cennedl I have another that â—â—ows how tenaciously their Gavel was in force among them even in Regno adâ—unâ—o and how by it in process of time that Principality came to great loss and destruction Roderick the Great being Prince of all Wales had three sons among whom he divided his Territory which three sons were called y Tri Twysoc Talaethioc that is the Three Crowned Princes because every one of them did wear upon his Bonnet or Helmet a Coronet of Gold being a Broad lace or Hatband indented upwards set and wrought with precious Stones which in the British was called Talaeth by which name the Nurses do call the Head-band wherewith a Childs head is bound uppermost at this time as Doctor Powel hath critically observed But that it may be the more plain and perspicuous take it Genealogistically thus Roderick surnamed the Great Prince of Wales 1. Mervyn Prince of north-North-Wales 2. Cadelh Prince of south-South-Wales Howel-dha in whom the Territories of North-Wales and South-Wales were united and was the second Legislator of the Britans An. Christi 942. 3. Anarawd Prince of Powis After several Successions which I purposely omit to save the labour of needlesly lengthning the Line there from him proceeded one Convyn-Blethin ap Convyn who being Prince of Powis-land divided it to his two sons 1. Meredith ap Blethin who divided his appartment of Powis-land betwixt his two sons 1. Madoc who had upon the Division that part that was called Powys-Uadoc or Madoc his Powis He died Anno D. 1160. at Winchester and was called the Prince of Powys he was a true friend to the King of England Susanua daughter of Gruffyth ap Conan Prince of north-North-Wales 2. Gruffyth Prince of Powys had another share of Powys land 1. Gruffith Maelor had for his share Bromefield Yale Hopedale Chirk c. 2. Owen Vachan had Mechain-Iscoid c. 2. Cadogan ap Blethin 1 Owyn Brogynton a base son of Madoc ap Blethin had Dynmael and Edeirneon And Doctor Powel in his Additaments to the Cambrian History in those I mean that he hath set betwixt the years 808. and 810. gives a full Discourse of the Primitive use of this Tenure and also of the Modern abuse thereof For upon those great Feuds that arose betwixt the Descendants of Conan Tindaethwy upon this account of Partition He writes thus Here I think fit to say somewhat of the Custom and Tenure of Wales whereof this mischief grew viz. the Feuds betwixt Brethren the Rending the Government in pieces c. that is the Division of the Father's Inheritance amongst all the Sons commonly called Gavelkind Gavel is a British term signifying a Hold because every one of the Sons did hold some Portion of his Father's Lands as his Lawfull Son and Successor This was the cause not only of the overthrow of all the Antient Nobility in Wales for by that means the Inheritance being continually Divided and Subdivided amongst the Children and the Children's Children c. was at length brought to nothing but also of much Bloodshed and unnatural Strife and Contention amongst Brethren aâ— we have here an Example viz. the History of the Descendants of Conan Tindaethwy and many other in this History He means in Lancarvan's British History * I could wish that those Renowned English Plantations in America would examine of what avail
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
terrarum Domini diligenter intendentes c. So in the Laws of King Edgar every year let there be said he tƿa scirgemot ðaer beo on ðaer sciregemote bisceoƿ se ealdorman þaer aegþer taecan ge Godes riHte ge ƿeoruld riHte i.e. at the Shire-gemote let the Bishop and Aldermen be and there either of them teach Gods right and the Worlds right which judgement of the Vicenage and power of the County was equally used both in the time of Saxon and Norman Governments And so small was the alteration that hapned at this time that in this often cited Survey Record there among many other of the like nature is this concern of the Burrough of Wallingford in Berrochescire which concludes thus Modo sunt in ipso Burgo consuetudines omnes ut ante fuerant and so where it Records the Customes of Urchenfield it saith Hae consuetudines erant VVallensium T.R.E. id est Tempore Regis Edwardi for the men of Urchenfield in antient Records are called Welsh as this Region is called Wales for in the book of Knights-fees in the Exchequer it is written Arcenefeld in Wales respondere tenetur Daō Regi c. Should I make a parallel of Customes as well as Laws us'd in the times of the Saxons and Normans you would find them all one and both compared with the Laws of Howel-dha to prove the same mostly with them also The pepe in the Saxon Laws is rendred aestimatio capitis and those provided that in case upon an offence it could not be paid neither by the Criminal nor his Kindred then was he to undergo a service for it somewhat of this nature was in the Norman times for among the Customes of LEWES in Domesdey-book I find that Adulterium vel raptum faciens viii Solid iv Den. emendat homo faemina tantundem Rex habet hominem Adulterum Archiepiscopus faeminam This is there set down as an antient Custome belonging to that Town in the time of the Saxons but in the time of Hen. 1. in the 11. cap. of his Laws it is thus upon a general account set down Qui uxoratus faciet Adulterium habeat Rex ejus vel Dominus I believe ejus should be set after Dominus superiorem Episcopus inferiorem and these ƿere's are sound corroborated by that Name in the Laws of Hen. 1. But in short you will find by this Domesdey-book that in most places of England it is certified they had those very Customes in the Norman Government which they had in the time of Edward the Confessour I know there be many jocular tenures but whether all of them that occurr were invented or imposed by the Normans it matters not much because they did not interfere upon propriety nor injure their other Customes One Custome reported to be brought in was the * Iudge Dodaridge in his Treatise of the Law of the Nobility and Peerage of England in his 16 page shews the manner of Saxon signing to a Charter of Henry 8. to his Son Edward when he was Created Prince of Wales and Earl of Chester where it is concluded These being witnesses the Reverend Father Iohn Cardinal and Archbishop of Canterbury c. W. Archbishop of York c. Sealing of Charters but as I have seen a Charter Sealed before the Conquest so since the Conquest I have seen Charters Signed after the Saxon mode both by William the first and his Son Henry that is to say with a great number of Witnesses and Crosses before their Names Edward the Confessour made a Grant of some Privileges to the Church of Hereford and firmed it with a Seal which in one of their Register books is described to be preserved in Panno serico and a memorandum also of the circumscription of the said Seal to be this Hoc est Sigillum Regis Edwardi and in very many places of Domesdey-book it is Recorded that Lands did pass to several people under the Seal of King Edward as in Berckshire under the Title of Terra Ecclesie Abendoniensis it is specified that Anscil tenet Sperfold de Abbate Edric Tenuit in Alodio de Rege Edwardo potuit ire quo voluit c. de hoc Manerio Scira attestatur quod Edricus qui eum tenebat deliberavit illum filio suo qui erat in Abendone Monachus ut ad firmam illud teneret sibi donec viveret necessaria vitae inde donaret post mortem vero ejus Manerium haberet ideo nesciunt homines de Scira quod Abbatie pertineat neque enim inde viderunt brevem Regis vel Sigillum Abbas vero testatur quod in T. R. E. misit ille Manerium ad Ecclesiam unde erat inde habet Brevem Sigillum Regis Edwardi attestantibus omnibus Monachis suis and in that County under the Title of Terra Henrici de Ferieres is that Ollavintone Godricus Vice-comes tenuit de Rege Eduuardo Hanc Terram dedit Rex Eduuardus de sua firma Godrico inde viderunt sigillum ejus homines de Comitatu praeter istas hidas accepit ipse Godricus de firma Regis unam v. terre de qua non viderunt Sigillum Regis You see by these that this Sealing was looked upon in the Saxon times as of great strength and efficacy to their validating of Deeds and conveyances I can willingly grant that the Coverfeu-Bell continued in use till our dayes was an Introduction of the Norman Conqueror and in that there was much Reason and Policy for no doubt but that in some places and Countrys the Norman Souldiers were enforced to lodge dispersedly and so it would be fit and convenient that the Countrey should observe that timely Decorum and Order not onely beneficial to themselves but also to those enquartered whose Guards would be the more difintangled the more they had of freedome from the company and walks of the Countrey people and as the Ringing of the Bell was then so to the same end at this day the Taptoo is used in Garrisons and Quarters by the beat of the Drumm What the inducement to the observation of the Coverfeu might be I know not perhaps it might be the Knowledge of that entertainment which the English bestowed upon the Danes on St. Brices Evening and at this time of the Conquest there were in probability many living that were not only eye-witnesses but also Actors in that Tragedy Another innovation received at this time according to the account of some was the settlement of the Court of Exchequer of which Campden out of Gervasius Tilburiensis thus writes that ab ipsa Regni conquisitione per Regem Gulielmum facta haec curia caepisse dicitur sumpta tamen ejus ratione a Scaccario transmarino which are all the innovations that I at present can remember that are imaginable to be introduced at this juncture which if more were not considerable enough for to be a ground of so much exclamation I proceed to the
the name but what referrs to the Tenure of Partition The Brytains enjoyed that part of Wales in the Saxon Governments and had not any fixed impression upon them by any before the Normans who over this County at last stretched their victorious Armes after many various successes on both parts and stout defence made by the Welsh for their Lands and proprieties enjoying it partly by force and partly by composition and agreement as the private family Histories do manifest which I have seen for there are several Familyâ—s of the greatest note in that Countrey that are able to produce testimonyes of enjoying their Lands and Birth in that circuit of Land for shires and Countreys are not of a VVelsh institution before the Norman Conquest so that by this it is probable they did not subvert all neither were they in quier about Abergavenny after the Reign of Henry Fitz Empress Gyraldus Cambrensis relates a series of their Actions in those parts But to leave these storyes I think it least of all probable that the Normans would borrow a â—entish word to denominate any thing to their British Tenants or plant it there as a Kentish Custome seeing in case the derivation according to Mr S's opinion should prove true this denomination was as much unknown to the Normans themselves as possibly it could be unto the Britains and alike to both of them if the Normans had found a necessity of making an intelligible expression and appellation of such a Custome of Partition certainly I should have met amongst them with the Roturier which I understand is in use over all France at this day and very frequently in Normandy the Island of Jersey parcell of the Norman Dukedome retaining still this Custome to this day under the name of the Roturier whilst her Sister Guernesey hath no footsteps of it but are as different in their Tenures as in the nature of their Soyl for in one as I am informed like as in Ireland no Toads Spiders or Venomous Creatures will live whilst in the other they have them in distastfull abundance But even now I touched upon the Saxon division of Shires and Countyes and told you it was not the British Policy which puts me in mind of that Order that was observed by the Welsh and rectified by Howel-dda in the ordering of his Principality with the carefull intermixture of civil-descents and military disposition wherein we shall find something to our matter in hand worthy the notice the description as Humfride Lloyd hath written out of the Laws and Ordinances of that Prince is in short thus First a Cantref which had its Denomination from one hundred Towns and signifies as much under which was so many Commots which the Welsh call Cwmmwd and signifies Provincia Regio Cohabitancia and confisted of twelve Mannours or Circuits and two Townships there were four Townships to every Circuit or Mannour and every Township comprehended four Gavels every Gavel had four Rhandirs and four Tenements were constituted under every Rhandir Of Gavel I have told you before that it signifies Tenura a Tenure Rhandir is a word that admits not of any proper Sign ficancy in our English speech but is by Doctor Davies rendred Pars aut Sors haereditaria from the Verb Rhannu Partiâ—i distribuere These divisions were set out by him as it were into a proper and peaccable Conveyance and Conduit-pipe for the Lands of his Principality which were lyable to this Partition so that we find in every Township four Gavels which were four great Holds or Tenures out of which I cannot find the Prince had any Rent for that the Gentry held their Lands very free from any base service only subjected to their Military policy and provision the Prince his own maintenance that so he might be obliged to a respect and care of every particular in his Principality was set out in every Cwmmwd or Commot which as I said before confisted of twelve Mannors or Circuits and two Townships which two Townships were belonging to the Prince thorough out each Commot in the Principality of Wales for in the person of this Howel the Territories of North-wales and South-wales were united as himself in the * M S. Penes Authorens Prooemium of his Laws doth declare This Gavel in the description aforesaid seems to be a large apportionment of Land belonging to a * Which by the Irish are called Canfimiy's and are the chief of their Gavels or Rhin-taloon See Davies his Irish reports Pen-cennedl or chief of a Family or Clan and doth per eminentiam signifie the Tenure that is to say their Gavel this being only or at the least most notably known by them So that every Pen-cennedl in his Gavel having four Rhandirs that is sortes or partes Hereditariae ready divided and apportioned for his Cennedl or Generation and not only so but also a sub-division of many Tenements under the Rhandirs shews perfectly a Gavel Tenure or Hold exactly observed even in their general partition of Lands and this so antient at least as the time when Howel-Dda collected these Laws which was about the year of our Lord 942. so that the true genuine Signification of all is Tot partes Hereditariae in Tenura that is each Gavel or Tenure did consist of so many Rhandirs or Hereditary divisions ready parted each of these Tenures being supposed to be so ordered as to admit of a Division and if need were of Sub-divisions also that so a Township might the more aptly be constituted for the execution of this common Tenure and these so holding in or rather by their Gafael were not only the antient Villati or Villani among the Brytains but also the Gentry Lords and Prince himself were subject to it The use of the word viz. Gavel to a proper Signification I have shew'd and that also Extra Cantium to which County Mr. S. doth labour to Monopolize it and the use thereof for several hundreds of year past even at such a time when the Correspondency in probability betwixt the Brytains and Saxons was so small and the Odium so great in respect of the unforgotten intrusion of the last that in that continued state of Warr it was not probable they would have accepted of any Saxon Customs by a name so insignificant to the thing as antiently the Etymology of it was received or so little to the matter as Mr. S's novel Exposition would render it or to the rational use thereof But I have already shewn in the fore-going Discourse in what sense the Brytains have received it and also what Doctor Davies in his Cambro-British Dictionary which in my judgment is an Elaborate and Critical piece hath said and exemplified thereupon for he it is that not only affirms Gafaelu by English Letters pronounced Gavaily to signifie Tenere to hold as before I have said But also Gafael by English Letters spoken Gavel the word in Controversie to be Tenura a hold But for the Statutum Walliae wich Mr. S. discourseth
Hawisia so that sibi in the singular number has not relation to any else but to the infirm Wibert To him it was that the two pence was to be paid and the profits of the Lands in common to all the infirm of that house in perpetual Almes And to Gavel-kind that is to say that all the Brethren of that Hospital should have the like share and propriety in that Acre and the Half as the Sons of any one could have in their Fathers Land of that nature and if not by this way I can find no other to make any sense of it for this clause And to Gavel kind hath reference clearly to the concession and Habendum and not to the Reddendum and if so who are those that should hold it in Gavelkind The Infirmes no for they were a body though sickly that could not dye Nor the Sons or Grand-children of Wibaldus for they had divessed themselves of this Land and invested their decrepit brother Wibert with the rest of the infirmes of that Hospital with it Nor could the Tenant claim any right by this Deed for that it hath not relation to any Tenancies besides Hospitals in those dayes did not use to create unprosetable Tenures to themselves and where Land is said to be held in Gavel-kynd there is an Estate of Inheritance they are Syncategorematical or relatives In the like sense is that Deed which Mr. S. makes his Script 〈◊〉 pag. 184. where RaduÌ„s From wadidit concessit 〈◊〉 Fratribus Hospitalis Sancti Laurentii juxtà Gantunriam by his Deed septem acras terrae meae saith he tenendas in Gavel-kynde de me heredibus meis â—â—berâ— quiâ—â—â— reddendo inde annuatim mihi vel beredibus meis XLII denarios c. pro hac donatione confirmatione dederunt mihi praedicti fratres heredibus meis quinque Marcas â—ierlingorum All that I can gather out of this is that Ralph Erone sold to the Brethren of St. Lawrences Hospital seven Acres for five Mark and reserved a Rent of two and forty pence the Land to be held of him and his Heirs in Gavel-kind which as in the other of Herbaldune so was this to be understood to be to the common land 〈…〉 and behalf of all the Brethren for if not so I desire 〈◊〉 informed how it could ruâ— into the Tenuâ—e of Glaver-lâ—ynd amongst them any other way and here alsoâ—eâ— me caution you to observe that in the first Deed it is saiâ— to be granted in perpetuam Eleemosyndm And 〈…〉 and then comes in with the Reddendum so like wise in the second Deed where the Tenondum and the Reddendum are at a distance that by means thereof it is not probable at all that Gavel-kynde should have any relation to the Reddenda in either and seriously considered doe plainly contain a different use from either Rents or Purchase But to proceed to those several grants produced by Mr. S. in relation to the Term as that of R. dei gratia Sancti Augustini Cantuar Script 4. shere somewhat is wanting I believe it should be 〈…〉 ejusâ—am loci conventus made to Jordanus â—e Sâ—res much his Heirs of XL. acres of Marsh-land be longing to their Mannour of Cistelet Script 6. and that of Alan the Prior and the Convent of Christ-Church in Canterbury unto Theb. de Einesford and his Heirs of fourscore Acres of Land in their Lordship of Northocholt by them to be holden by rent and Sute of Court at Orpinton ad Gavilikende Script 7. as also that of the same Prior and Convent to Stephen de Kinardentone of 〈◊〉 Acres and to his Heirs ad Gaveliâ—hinde Again that Deed of Gaufridus the Prior and the Convent of Christ-Church Canterbury to Joni and his Heirs of a Sheep Pasture in Osmundeseye Tenend Script 8. say they de nobissuccessivè ad Gavel-kynde by Rent and that his Heirs successively shall give de relevio LVIs. and Sute of Court at Leysdum All these Grantees had by the vertue of these several Grants an instatement into the Tenure of Gavel-kind which was an Estate of Inheritance and was to runn in a Parallel line with Lands of the like nature that is that the Sons or Children of the Possessor when Deceased should hold those Lands according to the Rule of partition in Gavel-kynd and there is no difficulty in them as I can perceive all that I find is that the Granters have Created an Estate of the Tenure of Gavel-kind in case there had been none before none of them to my apprehension carry with them any notable Antiquity Least of all to the purpose is that Script 5. in pag. 178. where it is said Predecessores Dni Regis concesserunt Manerium de Wells in com Cant. postea concessum erat in puram perpetuam Elcemosynam nunquam partitum fuit nec est portibile that is it was never parted nor is partible to which all that I can say is that it never was nor is like to be so holding Gavel-kynd-land But the passed discourse in this Chapter only shews the Nature and Tenure of such Lands And makes nothing at all to the Etymology or the investigation of the true derivation of the word in contest To conclude Mr. S. in page 150. draws from his several discourses a double Consectary as he is pleased to term it 1. That the King may hold Land in Gavel-kynde I must needs approve of it and in case the King doth hold such Lands and at his decease leaves several Sons behind him they must part it and that Princes have so done I have already proved by the several examples of the Princes of Wales and of the German Empire 2. That the King holding Land in Gavel-kind in case he shall grant it away to any Religious House in puram perpetuam Eleemosynam in frank Almoign it remaineth notwithstanding partible as before it came to the Crown in their hands at least whom the Religious men shall infeoff with it The first part of this I grant for if such Lands be given to any Religious society they remain partible as to the profits of them that is to say among the Society and so doth Land of any other nature whatever in the same manner being vested pass into a partible Quality that is the whole body having an Interest all members of that body receive part and share of the benefit but for any other sort of partition I cannot fancy how it should be among them And then again it doth not necessarily follow that those that are by this Society interessed with the holding of those Lands under them should hold them in the Tenure of Gavelkind for by such a Grant as I said before in this Tenure of Gavel-kind the said Society or body divest themselves of the fee-simple and invest the taker with an estate of inheritance And again this must have a full reference to the Society their manner of granting it and then it may