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.

THE PREFACE.

Courteous Reader,

IT is now full eighteen years since, by solemne promise, I became in∣gaged to my Countrey-men, upon their good acceptance of certain of my labours, in behalf of our City, where∣with I then presented them, to proceed to the same, or some other such like underta∣king for the County; a thing, which as I then really intended, so have I not since wanted that encouragement for it from the better sort (expressed by their courteous ac∣ceptation of those my former labours) which I could expect. But being soon after (proh dolor!) overtaken by that impetuous storm (of civil war) not yet quite blown over, cau∣sing the distraction, and threatening the de∣struction of this once renowned Kingdome, I was necessitated to betake my self to other thoughts, chiefly how I might secure my self against the fury, in warding off the danger,

of the present storm; being not able, I con∣fesse, to reach to that high pitch of sedulity and magnanimity, both in this kind to which the Grecian Socrates is said to have attein∣ed, whose thoughts were ever running on his book; insomuch, as but the very next night before he was to suffer death, (re∣gardlesse of his so neer approaching danger, able to indispose the mind, discourage the industry, and shake the constancie of any common spirit) he was desirous to learn Mu∣sick, because (saith the Story) he would die still learning somewhat. Being therefore thus diverted, and utterly for the time dis∣composed for the performance of my promise, I hope not onely to be excused of my Country∣men for (what had not else been hitherto de∣layed) my County-undertaking, but also to obtein of them yet further respit, in hope of a better opportunity, for the discharge of that debt. For my more easie purchasing whereof at their hands, and that they and others may perceive, that I have not been altogether idle all this while; pitching in my thoughts upon our Kentish Custome of

Gavelkynd, and being not unfurnished of matter in the progresse of my studies gleaned and gathered from old Records, enabling me, with the help of that little skill I have atteined in the Saxon tongue (to the study whereof I was encouraged by my precious friend and ever-honoured Mecoenas, Dr. Casaubon, as is elswhere by himself truly averred) to some more than vulgar dis∣course thereof; as a specimen and earnest of my further intentions for the County, I betook my self at spare hours to the perusal, resol∣ving on the publication, of those collected notes and notions, disposing them so, that as they have to satisfaction informed me in the points proposed, so they may be of like use to others, willing to bestow their pains, and lay aside all prejudice in the perusal of them.

Kent, I considered, had been far and neer long celebrated for her Gavelkynd, though not so known either at home or abroad, whe∣ther in point of etymologie, or properties, (that especially of Partition, rendring it so incomparably famous throughout the King∣dome) as truth would. To wipe off there∣fore

that dust of errour, which time especi∣ally (that parent of corruption) hath con∣tracted to it, I have in the present discourse laboured chiefly to assert w•…•…t I conceive to be the true sence and de•…•…vation of the term, for the understanding of the a 1.1 name; whence the properties, that especially here instanced, do proceed, for the better judging of the nature of it, according to that end propounded to my self in all my researches, which is to know things, not so much in their present as primitive state, more in their causes than effects▪ Tun•• enim (saith the (b) Philosopher) unum quod∣que* 1.2 scire arbitramur, cum ejus cau••as & principia cognoscimus.

By the processe and prosecution of the ar∣gument, having a fair and pertinent induce∣ment, if not to treat, yet at least to touch up∣on, and ••••k•• notice, as of the Saxons Bo••∣land and Folcland, so of the Feudists Fe••∣d••m and Allodium, (a pair of vocables, the l••tter, that have long and much perplexed many prime mens fancies to disq••i•••• and find out their true and proper deriva••ion••,

to the occasion of great varieties in the point, each man abounding in his own, and that, for the most part, a different and singular sence) I thought it not amisse to make one in the number of such Etymolo∣gists, and although with singularity, I con∣fesse, and dissent from all the rest, yet per∣haps so much to the purpose (absit jactan∣tia dictis!) as, if not to hit the mark, yet at least to come so neer it as few before have done. Alike singular, as both here, and be∣fore in the derivation of Gavelkynd, so af∣terwards I may be found in that of Socage, yet I trust with so much truth, and that so fully evidenced, as will serve, I hope, to render me with the sober and ingenuous, worthy, if not of thanks, yet of excuse and pardon, if they differ in opinion from me.

Here also (good Reader) be advertised, that whereas, by occasion of our discourse in the third Proposition, concerning the Parti∣tion-property in Gavelkynd, I had obiter, or incidently, made some mention of the Writ, De rationabili parte bonorum, some∣time

(by means of that partition mentioned in the old Kentish Custumal) obteining, and now again (if the endeavours of some may take effect) reviving in this County; it came afterwards into my mind to think it would not be impertinent to the present Discourse, somewhat further to enlarge in that parti∣cular: that by enquiry made into the An∣tiquity, and tracing the progresse of the Partition intended by this Writ from its first birth until its full growth, we might be the better able to give judgment, & make the more probable conjecture of the present va∣lidity or invalidity thereof. My discoveries therefore being made and communicated to some judicious friends, not without their acceptation and my encouragement for pub∣lication, I have adventured to add them at the end of that third Proposition, pag. 91.

As for my thwarting the common opinion, concerning our composition with the Norman Conquerour, and the consequents of it, I of∣fer no Apologie here, as having already made it in the proper place, and that, I also

trust, so fully, as I may well expect to be excu∣sed of it here. In sum, loving truth (the end of all Science) for it self, and altogether unbyassed with any by-respects, whether of vain glory, singularity, or the like, I have made it my constant endeavour in what is here proposed and published, that Truth a∣lone (than which saith the Philosopher, no∣thing* 1.3 is sweeter, nothing more precious) might triumph over Falshood, Antiquity over Novelty. If hereby I have done ei∣ther of them any right, or any friends any pleasure, as the chiefest reward I expect for all, I shall desire that such a measure of re∣spect may be vouchsafed, as to those old Records from whence the chief materials in this structure have been taken, so to that ancient learning which hath contributed fitting tools wherewith to work the same materials, and fit them for that use, as may secure and rescue both (uncapable of other recompence) from that scorn, neglect and contempt in the dayes of so much novelty so freely cast upon them, since by falling into

some hands, so good an improvement may be made of them for the publike.

I may perchance (at first sight, at least) be thought too bold with the common Law∣yers, too busie in their Common-wealth, too much medling in matters of their peculiar Science; yet no otherwise, I hope, than that they and their friends may be willing to ex∣cuse me. I am one that honour their profes∣sion, and have here done or said nothing out of opposition; my intent being onely in my way to do them service, and their profession right, by holding forth to publike view some Antiquities tending at once to the satisfacti∣on of the one, and illustration of the other. For which purpose I have by me some other things in a readinesse for the publike, and which shall not (God willing) much longer be retarded, in case these my present endea∣vours (as my past have done) meet with any proportionable encouragement, and the times permit, by the continuance of our Counties peace, (Peace, I say, that mo∣ther of Arts:) which with an enlarge∣ment

and establishment of that blessing throughout the three Kingdomes, is a chief subject (courteous Reader) in the daily devotions of

Thine humble Servant, William Somner.

Notes

• a 1.1

  Nomina si n••scis perit & cognitio rerum. Isid. O••ig. l. 1. cap. 7.
• * 1.2

  Arist. 1. Phys. & 2. Meta∣phys.
• * 1.3

  Idem 2▪ Me∣taphys.