Note 465 — Chapter XVIII · ON THE CONSTITUTION OF IRELAND

Ware; Leland; Ledwich; Davis's "Discovery," ibid.; Reports, 49. It is remarkable that Davis seems to have been aware of an analogy between the custom of Ireland and Wales, and yet that he only quotes the statute of Rutland (12 Edw. I.), which by itself does not prove it. It is, however, proved, if I understand the passage, by one of the Leges Walliæ published by Wotton, p. 139. A gavel or partition was made on the death of every member of a family for three generations, after which none could be enforced. But these parceners were to be all in the same degree; so that nephews could not compel their uncle to a partition, but must wait till his death, when they were to be put on an equality with their cousins; and this, I suppose, is meant by the expression in the statute of Rutland, "quod hæreditates remaneant partibiles inter consimiles hæredes."