0; other examples refer to the
Hundred of Cholmer and Dancing, in Essex, 75; to Kilmersdon, in
Somersetshire, 182; to Hopton, in Salop, 165. John of Gaunt is
responsible for many of these curious and interesting remains of tribal
antiquity. Bisley's _Handbook of North Devon_, 28, refers to one
relating to the manor of Umberleigh, near Barnstaple, and I have a note
from Mr. Edmund Wrigglesworth, of Hull, of a parallel to this being
preserved by tradition only. There is a tradition respecting the estate
of Sutton Park, near Biggleswade, Bedfordshire, which states that it
formerly belonged to John of Gaunt, who gave it to an ancestor of the
present proprietor, one Roger Burgoyne, by the following grant:--
"I, John of Gaunt,
Do give and do grant,
To Roger Burgoyne
And the heirs of his loin
Both Sutton and Potton
Until the world's rotten."
Potton was a neighbouring village to Sutton. There is a moated site in
the park called "John o' Gaunt's Castle," see _Notes and Queries_,
tenth series, vi. 466. _Cf._ Aubrey, _Collections for Wilts_, 185, for
an example at Midgehall; Cowell's _Law Interpreter_, 1607, and the
_Dictionarum Rusticum_, 1704, for the custom of East and West Enborn,
in Berks, which was made famous by Addison's _Spectator_ in 1714.
[142] Sometimes these are called "burlesque conveyances." See an
example quoted in _Hist. MSS. Commission_, v. 459.
[143] It is well to bear in mind the great force of ancient tribal law,
which was personal, upon localities. Nottingham is divided into two
parts, one having primogeniture and the other junior right as the rule
of descent. Southampton and Exeter have also local divisions. But
perhaps the most striking example is at Breslau, where there
co-existed, until 1st January, 1840, five different particular laws and
observances in regard to succession, the property of spouses, etc., the
application of which was limited to certain territorial jurisdictions;
not unfrequently the law varied from house to house, and it even
happened that one house was situated on the borders of different laws,
to each of which, therefore, it belonged in part; Savigny, _Private
Int. Law_, cap. i. sect. iv.
[144] _Academy_, February, 1884; _Percy Reliques_, edit. Wheatley, i.
384.
[145] _Trans. British. Association_, 1847, p. 321.
[146] Series No. V., published in 1895.
[147] _Philological Society Papers_, 1870-2, pp. 18, 248; Dr. Murray
gives the
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