It is not likely that this custom originated on these several manors. It is more probable that it was introduced by communities of settlers who brought it from the Continent, and it is not necessary to look for its origin entirely to Wendish tribes, for it is known to exist in some parts of Friesland, whence in some instances it may have been introduced by Frisian tribal settlers, and as their descendants formed new colonies or new rural settlements, the custom may have spread with the growth of the population. Although the custom of junior right, by which the youngest son in the partition of the father’s possessions retained the homestead, was followed in some parts of Frisia, the prevailing general custom among the Frisians, as already stated, was partible inheritance, and if Norfolk and Suffolk received Frisian settlers, as there is reason to believe they did, we may look for survivals of that custom as well as the custom of junior succession. We find that customs of partible inheritance in these counties are mentioned by Bracton in the early law cases. He quotes cases at Altingeham, Fisinges, and Hecham in Norfolk, and at Gipewico or Ipswich, Illegha, Lillesheya, and Sproutona in Suffolk.[1]
The records of the Court of King’s Bench, Hiliary Term, 20 Edward III., also show that the lands within the Fee of Pickering were partible among males.[2] The old manor of Clipsby in Norfolk was alleged to be within this fee and had this custom. The Marshall’s Fee and Billockby in the same county had a similar custom,[3] as had also the lordship called Perting Fee, at Saxham in Suffolk.[4]
In Cambridgeshire there are two names of hundreds mentioned in Domesday Book of much interest—viz., Wederlai and Flamindic. The first so much resembles the name Wederas,[5] which was that of the Goths of the
