[82] Atkinson’s Quarter Sessions of the North Riding of Yorkshire, lists of recusants.
[83] e.g. Topographer and Genealogist, vol. iii. (quoted below, pp. [251–253]), and Selden Society, Select Cases in the Court of Star Chamber, vol. ii., Inhabitants of Thingden v. Mulsho; also Holkham MSS., Burnham Documents, Bdle. 5, No. 94 (quoted below, p. 245 n.).
[84] Harrington’s works, 1700 edition, p. 69 (Oceana), pp. 388–389 (The Art of Law-giving). See also Firth, The House of Lords during the Civil War, pp. 28–32.
[85] It is stated by good authorities that between 12 Ed. IV., when the collusive action known as a common recovery used to evade the Statute de donis conditionalibus was confirmed by a judicial decision (Taltarum’s case), and the introduction into settlements of “Trustees to preserve contingent remainders” by Sir Orlando Bridgeman and Sir Geoffrey Palmer under the Commonwealth, the tieing up of lands in one family was impossible (e.g. Johnson, The Disappearance of the Small Landowner, pp. 11–13). But in 1538 Starkey’s Dialogue speaks strongly of the practice of entailing lands. “This faute sprange of a certayn arrogancy, whereby, wyth the entaylyng of landys, every Jake would be a gentylman, and every gentylman a knight or a lord” (E. E. T. S., England in the Reign of Henry VIII., Part II. pp. 112–113, and pp. 195–196.)
[86] Reyce, Breviary of Suffolk, p. 58, quoted Victoria County History, Suffolk.
[87] See below, pp. [200–213] and [283–287].
[88] Oxford Studies in Social and Legal History, vol. i. Savine, English Monasteries on the Eve of the Dissolution, pp. 156–159.
[89] Trans. Royal Hist. Soc., vol. xvii.
[90] R.O. Misc. Bks. Land Rev., vol. 220, fol. 220, Brisingham (Norfolk) 1589: “Alice Bartram, the widow of W. Bartram, the lord’s villain by blood, took by surrender of said William for term of life on 4 Feby., remainder to Roger Bartram, lord’s villain by blood.” Holkham MSS., Titleshall Documents, Terrier of Godwick, 1508: “Also five roods of the Prior in the hands of Thomas Frend, native.”
[91] Among the 742 customary tenants on the manors belonging to the Earl of Pembroke surveyed in 1568 there appears to be 7 nativi domini, i.e. villeins by blood, viz., 1 at Washerne (Wilts), 2 at Stooke Trister and Cucklington (Somerset), 4 at Chedeseye (Somerset), of whom one has been manumitted.