seuenth booke and third chapter Bracton that liued in the time of King Henrie the third in his seconde booke De acquirendo rerum dominio And Bretton that wrate vnder King Edward the first and by his commaundement haue all expresse mention of landes partible amongst the males by vsage of the place and some of them recite the very name of Gauelkind it selfe But most plainely of all an auncient treatise receiued by tradition from the hands of our elders wherof I my self haue one exemplar written out as I suppose in the time of King Edwarde the firste agréeing with the dayly practise of these customes proueth the continuance of them to stande with good lawe and liking And therefore forbearing as néedlesse further testimonie in that behalfe I will descende to the disclosing of the customes them selues not numbring them by order as they lye in that treatise but drawing them foorth as they shall concerne eyther the lande it selfe or the persons that I will orderly speake of that is to say particularly the Lorde and the Tenant The husband and the wife The child and the gardien and so after addition of a fewe other things incident to this purpose I will drawe to an end As touching the land it self in which these customes haue place it is to be vnderstanded that all the landes within this Shyre which be of ancient Socage tenure be also of the nature of Gauelkind For as for the lands holden by auncient tenure of Knights seruice they be at the common lawe are not departible after the order of this custome except certeine which being holden of olde time by Knightes seruice of the Archebishop of Canterbury are neuerthelesse departible as it may appeare by an opinion of the Iudges in the Kings benche .26 H. 8. fol. 4. And that grewe by reason of a graunt made by King Iohn to Hubert the Archebishop the tenor wherof being exemplified out of an auncient roll remayning in the handes of the Reuerende father Mathewe the Archebishop nowe liuing hereafter followeth Ioannes dei gratia Rex Angliae Dominus Hiberniae Dux Normaniae Aquitaniae comes Andegauen Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Iusticiarijs Vicecomitibus Praepositis ministris omnibus Balliuis fidelibus suis Salutem Sciatis nos concessisse praesenti charta nostra confirmasse venerabili patri nostro ac Chro. Huberto Cantuar. Archiepiscopo successoribus suis in perpetuum quòd liceat eis terras quas homines de feodo Ecclesiae Cantua tenent in Gauelkind conuertere in feoda militū Et quod idem Episcop successores sui eandē in ōnibus potestatē libertatē habeant in perpetuū in homines illos qui terras easdem ita in feodo militum conuersas tenebunt in haeredes eorum quā ipse Archiepiscopus habet successores sui post eum habebunt in alios milites de feodo Ecclesiae Cantuar. in haeredes Et homines illi haeredes eorum eandem omnem libertaetem habeant in perpetuum quam alij milites de feodo Ecclesiae Cantuar. haeredes eorum habent Ita tamen quod nihilominus consuetus redditus denariorum reddatur integre de terris suis sicut prius xenia aueragia alia opera quae fiebāt de terris ijsdem conuertantur in redditum denariorum aequiualentem Et redditus ille reddatur sicut alius redditus denariorum Quare volumus firmiter praecipimus quod quicquid praedictus Archiepiscopus successores sui post eum de terris illis in feodo militum secundum praescriptam formam conuertendis fecerint ratum in perpetuum stabile permaneat Et prohibemus ne quis contrafactum ipsius Archiepiscopi vel successorum suorum in hac parte venire praesumat Teste E. Eliense S. Bathon Episcopis G. filio Petri comite Essex Willmo Marescallo comite de Penbroc Roberto de Harocort Garino filio Geraldi Petro de Stoke Ric. de Reuerus Roberto de Tateshal Datum per manum S. Archid. Willielmi apud Rupem auriual 4. die Maij Anno regni nostri tertio But nowe for as muche as it is disputable whether this Chartre of the King be of sufficient vertue to chaunge the nature of the Gauelkynd lande or no and for that the certaintie of the landes so conuerted into Knight fee dothe not any where that I haue séene appeare saue onely that in the booke of Aide leuied in this Shire Anno. 20. E. 3. it is foure or fiue times noted that certeine landes there be holden in Knights seruice Per nouam licentiam Archiepiscopi I will leaue this and procéede to proue that all the landes of auncient tenure in Knights seruice be subiect to the ordinarie course of discent at the common lawe And that may I as me thinketh sufficiently doe both by the expresse wordes of a note 9. H. 3. in the title of Praescription 63. in Fitzherbert by the resolution of the same Fitzherbert and Norwiche Iustices 26. H. 8. 5. And by plaine recitall in the acte of Parleament made 31. H. 8. Ca. 3. by whiche statute the possessions of certeine Gentlemen there named were deliuered from this customarie discent and incorporated to the common lawe For amongst other things in that acte it is sayde That from thencefoorth such their lands shal be changed from the said custome and shall descend as lands at the common lawe and as other lands being in the said coūtie of Kent which neuer were holden by seruice of Socage but always haue bene holden by Knightes seruice doe descend By whiche wordes it is very euident that the makers of that estatute vnderstoode all landes holden by Knightes seruice to be of their proper nature descendable after the common lawe and that Socage tenure was the only subiect in whiche this our custome of Gauelkynd discent preuailed and helde place But when I thus speake of Socage and Knights fee I must alwayes be vnderstanded to meane of a tenure long since and of auncient time continued and not now newly or lately created for so it may fall out otherwise then is already reported As for example If land aunciently holden by Knights seruice come to the Princes hande who afterwarde giueth the same out againe to a common person to be holden of his Manor of Eastgrenewiche in Socage I suppose that this land notwithstanding the alteratiō of the tenure remaineth descendable to the eldest sonne only as it was before As also in like sorte if landes of auncient Socage seruice come to the crowne and be deliuered out againe to be holden eyther of the Prince in Capite or by Knightes seruice of any Manor I thinke it ought to descende according to the custome notwithstanding that the tenure be altered And if this be true in the graunt of the King him selfe then much lesse sauing the reuerēce due to king Iohns Chartre may the Archebishop by a newe creation of tenure make
to his tenants any alteration of this olde custome and manner For as the pleading is Quod terrae praedictae sunt de tenura natura de Gauelkind euen so the trueth is that the present tenure onely guideth not the discent but that the tenure and the nature together do gouerne it And therefore as on the one side the custome can not attache or take holde of that which was not before in nature subiect to the custome that is to say accustomably departed So on the other side the practise of the custome long time cōtinued may not be interrupted by a bare alteration of the tenure And this is not my fantasie but the resolution of all the Iustices as Iudge Dalison him selfe hath left reported 4. 5. Philippi Mariae And also of the court 26. H. 8. 5. where it was affirmed that if a man being seised of Gauelkind lande holden in Socage make a gift in tayle create a tenure in Knights seruice that yet this land must descend after the custome as it did before the chaunge of the tenure Moreouer as the chaunge of the tenure can not preuaile against this custome So neither the continuance of a contrary vsage may alter this prescription For it is holden 16. E. 2. Praescription 52. in Fitzherbert that albeit the eldest sonne onely hath and that for manye discentes together entered into Gauelkynde lande and occupyed it without any contradiction of the younger brothers that yet the lande remayneth partible betwéene them when so euer they will put to theyr claime Againste whiche assertion that whiche is sayde 10. H. 3. in the title of Praescription 64. namely of the issue taken thus Si terra illa fuit partita nec ne is not greatly forceable For althoughe it be so that the lande were neuer departed in déede yet if it remayne partible in nature it may be departed when so euer occasion shall be ministred And therefore euen in the forme of pleading vsed at this day Quod terra illa a toto tempore c. partibilis fuit partita it is plainly taken that the worde partibilis onely is of substaunce and that the worde partita is but a word of forme and not materiall or trauersable at all Yea so inseparable is this custome from the lande in whiche it obteyneth that a contrarie discent continued in the case of the Crowne it selfe can not hinder but that after such time as the lande shall resorte agayne to a common person the former inueterate custome shall gouerne it As for the purpose Landes of Gauelkynde nature come to the Quéenes handes by purchase or by eschete as holden of her Manor of A. Nowe after her deathe all her sonnes shall inherite and diuide them But if they come to her by forfayture in Treason or by gifte in Parleament so that her grace is seised of them in Iure Coronae then her eldest sonne onely whiche shall be King after her shall inioye them In whiche case althoughe those landes whiche the eldest sonne being King did possesse doe come to his eldest sonne after him being King also and so from one to another by sundry discents Yet the opinion of Syr Anthonie Browne was 7. Elizab. that if at any time after the same landes be graunted to a common person they shall reuolte to their former nature of Gauelkynde and be partible amongst his heyres males notwithstanding that they haue runne a contrarie course in diuers the discentes of the Kings before But muche lesse maye the vnitie of possession in the Lorde frustrate the custome of Gauelkynde discent as it may appeare 14. H. 4. in the long Recordare Only therefore these two cases I doubt of concerning this point and therevpon iudge them méete to be inquired of That is to say first if a tenancie in Gauelkynd eschete to the Lord by reason of a Ceasser as hereafter it shall appeare that it may or if it be graunted vnto the Lord by the tenant without any reseruation which Lord holdeth ouer by fee of Haubert or by Serieancie both which I take to be Knights seruice whether now this tenancy be partible amongst the heires males of the Lord or no. For the auncient treatise of the Kentishe Customes so determineth but I wote not whether experience so alloweth The other dout is this if it be so that any whole towne or village in Kent hath not at any time that can be shewed bene acquainted with the exercise of Gauelkynde discent whether yet the custome of Gauelkinde shal haue place there or no. Towarde the resolution of which later ambiguitie it shal tende somwhat to shew how farre this custome extendeth it self within this our countrey It is commonly taken therefore that the custome of Gauelkind is generall and spreadeth it selfe throughout the whole Shyre into all landes subiect by auncient tenure vnto the same such places only excepted where it is altered by acte of Parleament And therfore 5. E. 4. 18. and. 14. H. 4. 8. it is sayd that the custome of Gauelkind is as it were a cōmon law in Kent And the booke 22. E. 4. 19. affirmeth that in demaunding Gauelkind lande a man shall not néede to prescribe in certeine and to shew That the Towne Borowe or Citie where the landes be is an auncient towne borowe or citie and that the custome hath bene there time out of mynd that the lands within the same towne borow or citie shuld descend to al the heires males c. But that is sufficient inoughe to shewe the custome at large and to say That the land lyeth in Kent and that all the landes there be of the nature of Gauelkynde For a writte of partition of Landes in Gauelkinde saithe Maister Litleton shal be as generall as if the landes were at the Common lawe although the declaration ought specially to conteine mention of the Custome of the Countrie This vniuersalitie therefore considered as also the straite bonde whereby the custome is so inseperably knit to the land as in manner nothing but an acte of Parleament can clearely disseuer them I sée not how any Citie Towne or Borowe can be exempted for the only default of putting the Custome in vre more then the Eldest Sonne in the case before may for the like reason prescribe against his yonger Brethren But here before I conclude this part I thinke good first to make Maister Litletons aunswere to suche as happely wil demaund what reason this custome of Gauelkinde discent hathe thus to diuide land amongst al the Males contrarie to the manner of the whole Realme besides The younger sonnes saith he be as good gentlemen as the Elder they being alike deare to theyr cōmon auncestor from whom they claim haue so much the more néede of their friendes helpe as through their minoritie they be lesse able then the elder Brother to help them selues secondly to put you in remembrance also of the statute of Praerogatina Regis Ca. 16. Where it
this shoare Folkstone in Saxon folcestane Id est Populi Lapis or else flostane whiche signifieth a rocke or a flawe of stone AMongest the places lying on this shoare worthy of note nexte after Douer followeth Folkstone where Eanfled or rather Eanswide the daughter of Eadbalde the sonne of Ethelbert and in order of succession the sixte King of Kent long since erected a religious Pryorie of women not in the place where S. Peters Churche at Folkstone nowe standeth but Southe from thence where the Sea many yeares agoe hath swalowed and eaten it And yet least you shoulde thinke S. Peters Parishe churche to be voyde of reuerence I must let you knowe of Noua Legenda Angliae that before the Sea had deuoured all S. Eanswides reliques were translated thither The author of that worke reporteth many wonders of this woman as that she lengthened a beame of that building thrée foote when the Carpenters missing in their measure had made it so muche too shorte That she haled and drew water ouer the hilles against nature That she forbad certain rauenous birdes the countrey which before did muche harme there abouts That she restored the blynde caste out the Diuel and healed innumerable folkes of their infirmities And therefore after her deathe she was by the policie of the Popishe priestes and follie of the common people honoured for a Sainct And no maruail at all for it was vsuall in Papistrie not onely to magnifie their Benefactours of all sortes but to edifie also so many of them at the leaste as were of noble Parentage knowing that thereby triple commoditie ensued the first for as muche as by that meane they assured many great personages vnto them secondly they drewe by the awe of their example infinite numbers of the common people after them And lastly they aduentured the more bouldly vnder those honourable and glorious names and titles to publishe their pouishe and pelting miracles And this surely was the cause that Sexburge in Shepie Mildred in Tanet Etheldred at Elye Edith at Wilton and sundrie other simple women of Royall blood in eache quarter were canonized Saincts for generally the Religious of those tymes were as thankfull to their Benefactors as euer were the heathen nations to their first Kings and founders The one sort Sanctifying suche as did either builde them houses or deuise them orders And the other Deifying suche as had made them Cities or prescribed them Lawes and gouernement This was it that made Saturne Hercules Romulus and others moe to haue place in common opinion with the Gods aboue the starres and this caused Dunstane Edgar Ethel would and others first to be shryued here in earth and then to sit amongest the Saincts in Heauen But let me now leaue their policie and returne to the Hystorie The Towne of Folkestone was sore spoyled by Earle Godwine and his Sonnes what time they harried that whole coast of Kent for reuenge of their banishment as we haue often before remembred The Hundred of Folkstone conteined in the time of King Edward the Confessour a hundrethe and twentie ploughe landes it had in it fiue Parishe Churches it was valued at a hundrethe and ten poundes belonged to the Earle Godwine before named The Manor was giuen to William Albranc of whome I made mention in Douer with condition to finde one and twentie warders toward the defence of that Castle and it grewe in time to be the head of an honour or Baronie as in the Records of the Exchequer remaineth as yet to bée séene Saltwood THat Saltwood was long sithence an Honor also it may appeare by an auÌ„cient writ directed by King Henrie the second from beyond the Seas to King Henrie his Sonne for the restitution of Thomas Becket the Archebishop to all suche goodes landes and fées as were taken from him during the displeasure betwéene them whiche writ bothe for shewe of the auncient forme and bycause it conteineth the matter of hystorie I wil not stick to exemplifie word for woord as Mathewe Parise hathe recorded it Sciatis quod Thomas Cant. Episcopus paceÌ„ mecum fecit ad voluntatem meam ideo praecipio tibi vt ipse omnes sui pacem habeant faciatis ei habere suis omnes res suas bene in pace honorifice sicut habuerunt tribus meÌ„sibus antequaÌ„ exirent Angliae faciatisque venire coraÌ„ vobis de melioribus antiquioribus militibus de honore de Saltwood eoruÌ„ iurameÌ„to faciatis inquiri quid ibi habetur de feodo Archiepiscopatê° Cant. quod recognituÌ„ fuerit esse de feodo ipsius ipsi faciatis habere valete But if this Recorde of the Kings suffise not to proue the honour of this place then here I pray you a woorde of the honourable or rather the Pontificall dealing of William Courtney the Archbishop who taking offence that certaine poore men his Tenants of the Manor of Wingham had brought him rent hay and littar to Canterbury not openly in cartes for his glorie as they were accustomed but closely in sackes vpon their horses as their abilitie would suffer cited them to this his castle of Saltwood and there after that he had shewed himself Adria iracundiorem as hote as a toste with the matter he first bound them by othe to obey his owne ordinauÌ„ce then inioyned them for penance that they should each one marche leisurely after the procession bareheaded barefooted with a sacke of hey or strawe on his shoulder open at the mouthe so as the stuffe might appeare hanging out of the bag to all the beholders Nowe I beséeche you what was it els for this proude Prelate thus to insult ouer simple men for so small a fault or rather for no fault at all but Laureolam in Mustaceis querere and no better Thus muche at this present of the Place for as touching the first matter concerning Thomas that shall appeare at large in Canterbury following And therefore leauing on our right hand the stately partes of Syr Edward Poynings vnperfect buylding at Ostenhangar let vs sée what is to be said of Hyde Hyde is written in Saxon Hyþe that is the Hauen and called of Leland in Latine Portus Hithinus in some Recordes Hethe THe name of this place importing as it should séeme by the generalitie therof some note of worthinesse and the long continued priuileges therevnto belonging it self being long since one of the fiue principal Portes at the first led me and happely may hereafter moue others also to thinke that it had béene of more estimation in tyme past then by any other thing nowe apparant may well be coniectured Howbeit after that I had somewhat diligently searched the Saxon antiquities from whence if from any at all the beginning of the same is to be deriued had perused the booke of Domesday wherein almoste nothing especially that might bée profitable was pretermitted and yet found litle or in manner nothing concerning
our English storiers do lay the whole burthen of that fault vpon the King and those fewe persons But bycause the matter is not so plaine as they make it withal requireth more wordes for the manifestation therof then I may now afoorde for that also there is hope that a special hystorie of the reigne penned by S. Thomas Delamore which liued in the very time it self may be hereafter imprinted made coÌ„mon I will onely exhort the Reader for his owne information in the trueth and for some excuse of such as be ouercharged to peruse that worke wherein I assure him he shall finde matter bothe very rare and credible As touching the Pryorie at Leedes whiche was a house of Regular Chanons and valued in the Recordes of the late suppression at thrée hundreth thrée score and two poundes of yearely reuenue I finde that one Robert Creuequer the author of the Castle peraduenture for this was done in the reigne of Henrie sonne to the Conquerour and Adam his sonne and heire firste founded it Whiche thing might probably haue béene coniectured althoughe it had neuer béene committed to Hystorie For in auncient time euen the greatest personages helde Monkes Friars and Nonnes in suche veneration and liking that they thought no citie in case to flourish no house likely to haue long continuaunce no Castle sufficiently defended where was not an Abbay Pryorie or Nonnerie eyther placed within the walles or situate at hande and neare adioyning And surely omitting the residue of the Realme hereof only it came to passe that Douer had S. Martines Canterbury Christes Churche Rochester S. Andrewes Tunbridge the Friars Maydstone the Chanons Grenewiche the obseruants and this our Leedes her Pryorie of Chanons at hande Howbeit I finde in a Heralds note who belike made his coniecture by some coate of Armes lately apparant that one Leybourne an Earle of Salisburie was the founder of it In deede it is to be séene in the Annales of S. Augustines of Canterbury that a noble man called Roger Leybourne was sometime of great authoritie within this Shyre notwithstanding that in his time he had tasted of bothe fortunes for in the dayes of King Henrie the thirde he was firste one of that coniuration which was called the Barons warre from whiche faction Edwarde the Kings sonne wonne him by faire means to his part and made him the bearer of his priuie purse Afterwarde they agréed not vpon the reckoning so that the Prince charging him with great arrearage of account seised his liuing for satisfaction of the debt by whiche occasion Roger once more became of the Barons deuotions But after the pacification made at Kenelworth he was eftsones receiued to fauour and was made Wardein of the Fiue Portes and Lieuetenant of this whole Shyre Nowe thoughe it can not be true that this man was the builder of this Pryorie for the same Annales say that it was erected long before yet if he did but marrie the heyre he might truely be termed the Patrone or founder thereof for by that name not only the builders themselues but their posteritie also to whom the glory of their déedes did descend were wont to be called as well as they The description and hystorie of the See and Diocesse of Rochester THE learned in Astronomie be of the opinion that if Iupiter Mercurie or any other Planet approche within certain degrées of the Sunne and be burned as they terme it vnder his beames That then it hath in maner no influence at all But yealdeth wholy to the Sunne that ouershineth it And some men beholding the nearenesse of these two Bishoprickes CaÌ„terbury and Rochester and comparing the bright glory pompe and primacie of the one with the contrarie altogether in the other haue fansied Rochester so ouershadowed and obscured that they recken it no Sée or Bishoprick of it self But only a place of a méere Suffragan and Chaplain to Canterbury But he that shall either aduisedly weigh the firste institution of them bothe or â—ut indifferently consider the estate of eyther shall easiâ—â— finde that Rochester hath not only a lawfull and caâ—onicall Cathedrall Sée of it selfe But the same also â—ore honestly won and obteined then euer Canterbury â—d For as touching Rochester Augustine whome â—e Monkes may not deny to be the English Apostle orâ—ined Iustus Bishop there Ethelbert the lawfull king â—f Kent both assenting thereto by his presence and confirming it by his liberall beneficence But howe Canterbury came to haue an Archebishops Chayre if you thinke that it hath not in that title already so sufficiently appeared as that it therfore néedeth not now eftsones to be rehearsed then reade I pray you Garuas Tilberiens and he in his booke De otijs Imperialibus wil tel you in Sanguine sanctorum Dorobernensis ecclesia primatiam obtinuit The Church of Canterbury obteined the Primacie by the sheading of the bloud of Saints Rochester moreouer hath had also a continuall succession of Bishops euen from the beginning whiche haue gouerned in a distinct Diocesse containing foure Deanries and therefore wanteth nothing that I knowe to make it a compleat and absolute Bishopricke In déede the yerely value is but small the slendernesse whereof ioyned with some ceremoniall duties to the Archebishop happely haue béene the cause of abasing the estimation of it But for all that let vs not sticke with auncient Beda and others to saye that the Bishops Sée at Rochester was at the first instituted by Augustine That a Cathedrall Churche was builded there by King Ethelbert to the name of S. Andrewe and that he endowed it with certaine lande for liuelyhood which he called Priestfield in token as I thinke that Priestes should be susteined therewithall This Bishopricke may be sayd to be seuered from Canterbury Diocesse for the most parte by the water of Medway and it consisteth as I sayde of foure distincte Deanries namely Rochester Malling Dartford and Shorham Howbeit with this latter the Bishop medleth not the same being a peculiar as they terme it to the Archebishop of Canterbury who holdeth his prerogatiue wheresoeuer his lands do lye as in this Deanrie he hath not only had of olde time certain mansion houses with Parkes and Demeanes but diuers other large territories rentes and reuenues also In it therefore are these Churches following Shorham with the Chapell of Otford Eynesford with the Vicarage there Dernth and the Vicarage there Fermingham and the Vicarage Bexley and the Vicarage Eareth alias Eard Northfleete and the Vicarage Mepham and the Vicarage Clyue Grean with the Vicarage Farleigh with the Vicarage Huntington alias Hunton Peckam with the Vicarage Wrotham with the Chapell and Vicarage Eightam Seuenocke with the Vicarage Penshurst Chydingstone Heuer Gillingham with the Vicarage Brasted Sundriche Cheuening Orpington with the Chapell and Vicarage Hese Kestan Halstede Woodland Eastmalling with the Vicarage Ifeild As touching the Bishops of this Sée Iustus one of the same that Pope Gregorie sent hither from Rome
and of burHHam Burham and of of Acclesse Acclesse and of of Horstede Horstede of fearnlege and of Farley of terstane and of Teston of Cealce and of Chalke of HennHyste and of Henhyrst of and of Aedune Edon Ãonne Then is is seo the fifte fifte per paes peere the Arcebiscopes Archebishops to Æ¿roteHam to Wrotham to Maegþanstane and to Maydstone to and to Æ¿oþringebyran Wateringbyrie to Netlestede and to Nettlested to þam and to the tÆ¿am PeccHam two Peckams to HaeselHolte and to Haselholte to MaeranÆ¿yrþe and to Mereworth to Lillanburnan and to Layborne to SÆ¿anatune and to Swanton to OffaHam and to Ofham to Dictune and to Dytton to Æ¿esterHam and to Westerham iiij gyrda to þillanne and foure yardes to plancke iij. Sylle to and 3. plates to leccanne laye Ãonne Then is is syo the seoxte sixte per peere to to Holingaburnan Holingborne to and to eallan all þam laeþe that Lath iiij gyrda to þelliene And foure yardes to plancke iiij sylla to leccenne and foure plates to laye Ãonne Then is is syo the syoueþe seuenthe syo eaHteþe per. and the eight peere to HoÆ¿aran land to the men of Hoo to to Æ¿yrcenne woorke fyfte And foure Healf gyrd to þillanne yardes and a halfe to plancke vj. sylla to and sixe plates to lyccanne laye Ãonne Then is is syo the nigaþa nynthe per peere þaes the Aercebiscopes Archebishops ê§ is syo land per aet þam that is the land peere at the Æ¿est West aende ende to to fliote Fleete to His clyfe and to his cliffe Bishops cliffe to HeHHam and to Higham to and to denetune Denton and and to to Melantune Mâ—lton and and to to Hludesdune Ludsdowne and and to to MeapeHam Mepham and and to to Snodilande Snodland and and to to berlingan Berling and and to to peadlesÆ¿yrðe Paddelsworthe and and ealla ða daeneÆ¿aru to all that valley men and iiij gyrda to ðillianne and foure yardes to plancke and and ðryo three sylle plates to leccanne to laye Haec descriptio demonstrat apertè vnde debeat pons de Rouecestra restaurari quotÃens fuerit fractus Primum eiusdem Ciuitatis Episcopus incipit operari in orientali brachio primam peram de terra deinde tres virgatas plancas ponere tres suliuas 1. tres magnas trabes supponere Et hoc faciet de Borchastalle de Cuclestana de Freondesbiria de Stoche Secunda pera pertinet ad Gillingeham ad Caetham vnam virgatam plancas ponere 3. suliuas supponere Tertia pera pertinet iterum ad Episcopum eiusdem ciuitatis qui debet 2. vÃrgatas dÃmid plancas ponere 3. suliuas supponere hoc fiet de Heallinges Trottescliue Meallinges Suthfleotes Stanes Pinnendene Falceham Quarta pera pertinet ad Regem debet 3. virgat dimid plancas ponere 3. suliuas supponere Et hoc fiet de Eilesforda de toto illo laesto quod ad illud maneriuÌ„ pertinet de supermontaneis de Aclea de Smalaland de Cusintune de Dudesland de Gisleardes land de Wulâ—cham de Burham de Aclesse Horsteda Fearnlega Terstane Cealca Henhersta de Hathdune Quinta pera est Archiepiscopi debet 4. virgat plancas ponere 3. suliuas summittere hoc debet fieri de Wrotham Maedestana Oteringaberiga Netlesteda duabus Peccham Haeselholt Maerewurtha Lilleburna Swanatuna Offeham Dictuna Westerham Sexta pera debet fieri de Holingburna de toto illo laesto quod ad hoc pertinet 4. virgat plancas ponere 3. fuliuas supponere Septimam octauam peram debent facere homines de Hou 4. dimid virgat plancas ponere sex suliuas supponere Nona pera quae vltima est in occidentali brachio est iterum Archiepiscopi 4. virgat plancas ponere tres suliuas summittere Et hoc debet fieri de Northfleta Cliua Heahham Denituna Meletuna Hludesduna Meapeham Snodilanda Berlinges Peadleswrthe de omnibus illis hominibus qui manent in illa valle Et sciendum est quod omnes illae suliuae quae in ponte illo ponentur tantae grossitudinis debent esse vt bene possint sustinere omnia grauia pondera superiacentium plancarum omnium desuper transeuntium rerum By these it may appeare that this auncient bridge consisted of nyne Arches or peres conteined in length about twentie and sixe roddes or yardes as they be here termed Toward the reparation and maintenance wherof diuers persons parcels of lands and townships as you see were of dutie bounde to bring stuffe to bestow both cost labor in laying it This dutie grew eyther by tenure or custome or both it séemeth that according to the quantitie and proportion of the Land to bee charged the carriage also was either more or lesse For here is expresse mention not of Townes and Manors only but of Yokes and Acres also whiche were contributorie to the aide of carrying pitching and laying of piles plankes and other great timber And here by the way it is to be obserued that so muche of the worke as ariseth of stone and earth is called Pera of the Latine word Petra that the great ground posts plates or beames be termed Sulliuae of the olde Saxon word Sylle whiche we yet euery where knowe by the name of a Ground Sille And that the Tables or Boordes whiche are laide ouer them are named Plancae or Plankes as we yet also in our vulgar language doe sound it But nowe in our time by reason that diuers Landes are purposely giuen to mainteine the newe Bridge all this auncient duetie of reparation is quite and cleane forgotten although by the statute 21. and 2. the forenamed landes remaine liable as before yea and the newe Bridge it selfe also for want of the execution of that or some other suche politique way of maintenance bothe presently lacketh helpe and is like hereafter if remedie in time be not applied to decline to great ruine and decay Whiche thing is so muche the more to be foreséene and pittyed as that the woorke is to the founder a Noble monument to this Citie a beautifull ornament and to the whole Countrie a great benefite commoditie and easement Of this latter woorke being not muche aboue eight score yeres of age Syr Robert Knolles a man aduaunced by valiant behauiour and good seruice vnder King Edward the third from a common Souldiour to a most commendable Capitaine was the first Authour who after that he had béene sent Generall of an armie into Fraunce and there in despite of all their power had driuen the people like sheepe before him wasting burning and destroying Townes Castles Churches Monasteries and Cities in suche wise and number that long after in memorie of his acte the sharpe points and Gable endes
not to pursue ouer fiercely thine enemie that hath already tourned his back towardes thée least thou compell him to make vertue of that necessitie and he turning his face againe put thee in d unger to be ouercome thy selfe which before haddest in thine owne hande assuraunce to ouerthrowe him In which behalfe it was well sayde of one Hosti fugienti pons aureus faciendus If thine enemie will flye make him a bridge of Golde Neuerthelesse for as much as this aduice procéeded not from Eadric of any care that he had to preserue King Edmonds power out of perill but rather of feare least the whole army of Canutus should be ouerrunne and destroyed he is iustly taxed for this and other his treasons by our auncient historians who also make report of the worthy rewarde that in the ende he receiued for all his trecherie For this was hee as William Malmsb writeth though some others ascribe it to his sonne that afterwardes when these two Kings had by composition diuided the Realme betwene them most villanously murthered King Edmonde at Oxford and was therfore done to death by King Canutus who in that one act shewed singular argumeÌ„ts both of rare iustice and of a right noble harte Of iustice for that he would not winke at the faulte of him by whose meanes hee obteyned the Monarchie of the whole Realme of great Nobilitie of minde in that he plainly declared himselfe to estéeme more of his owne honour then of another mans Crowne and Scepter to haue digested quietly that impatiencie of a partener in kingdome which great Alexander thought as intollerable as two sunnes in the world at once and which Romulus could in no wise brooke since he woulde not suffer one kingdome to content him and Remus whom one belly had conteyned before There was sometime at Eilefford a house of Carmelite Friers of the time of the foundation or name of the founder whereof I haue not yet learned any thing Mallinge in Saxon Mealing of Mealuing that is the Lowe place flourishing with meale or Corne for so it is euery where accoÌ„pted THis Towne the name whereof hauing his termination in ing betokeneth plainely that it is situate along the water euen as Yalding Berming Halling and others thereby was first giuen to Burhricus the Bishop of Rochester by King Edmund the Brother of Athelstane vnder the name of thrée Plough landes in Mealinges About one hundreth and fiftie yeares after whiche time Gundulphus a successour in that See as you haue read before hauing amplified the buildings and multiplied that number of the Monkes in his owne Citie raised an Abbay of women here also which being dedicate to the name of the Blessed Virgin during all his life he gouerned himself and lying at the point of death he commended to the charge of one Auice a chosen woman to whome notwithstanding he would not deliuer the Pastorall staffe before she had promised Canonicall Obedience fidelitie and subiection to the Sée of Rochester and protested by othe that there should neither Abbasse nor Nonne be from thenceforthe receaued into the house without the consent and priuitie of him and his successours Now whether this Rus propinquum and politique prouision were made of a blinde zeale that the man had to aduaunce superstition or of a vain glorie to increase authoritie in his succession or els of a foresight that the Monkes whiche were for the moste part called Monachi of Sole liuing by the same rule that Montes haue their name of remouing might haue a conuenient place to resort vnto and where they might Caute at the least quenche the heates kindled of their good cheare and idlenesse God knoweth and I wil not iudge But well I wote that this was a very common practise in Papistrie for as Saint Augustines had Sepulchres Saint Albans Sopewell Shene Sion the Knightes of the Rodes the Nonnes of Clerkenwel all adioyning or subiect to suche obedience so Sempringham and some other of that sort had both Male and Female within one house and wall togeather the world being in the meane while borne in hand that they were no men but Images as Phryne said sometime of Xenocrates This house was valued in the Recordes at two hundreth and eightéene pounds of yerely reuenewe Tunbridge called of Mat. Par. Thâ—â—ebrugge corruptly for tonebrycge that is the Bridge ouer Tone but if it be truly written tunbrycge theÌ„ it signifieth the towne of Bridges as in deed it hath many ALthough I find no mention of Tunbridge in that copie of Domesdaye booke whiche I haue séene concerning the description of this Shyre yet read I in history that there was a castle at Tunbridge sone after the conqueste if not euen at the same time when that booke was compiled For omitting that which Hector Boetius writeth concerning a battell at Tunbridge wherin the Conquerour as he saith should preuaile against Harold bicause it is euidently false and vntrue vnlesse he mean it of the continuance of the chase after the fight euen to Tunbridge I haue read that at suche time as Odo ioyning with others of the Nobilitie made defection from William Rufus to Robert his elder brother the King besieged at Tunbridge one Gilbert then kéeper of the Castle and compelled him to yéelde it Happely this Odo being the Kings Vncle and of great authoritie within the Shyre as we haue before shewed had erected this Castle giuen the charge to Gilbert but howsoeuer that were certaine it is that the Castle was long time holdeÌ„ of the Archbishops of Canterbury and continued many yeares togeather in the possession of the Earles of Clare afterwards called of Gloucester For in the dayes of King Henrie the second Thomas the Archbishop required homage of Roger then Earle of Gloucester for his Castle of Tunbridge who knowing the King to be halfe angrie with the Archebishop and wholly on his owne side shaped him a short answere affirming stoutly that it was none of his but the Kings owne as a Lay Fée Falcasius a hyred Souldiour that was enterteined by King Iohn during the warres with his Nobilitie toke by force this Castle from the Earle of Gloucester and kept it for a season to the Kings behoofe King Henrie the third also after the death of Gilbert the Earle of Gloucester scised the Wardship of his Heire and committed the custody of this Castle to Hubert of Burghe But Richard the Archebishop surnamed the great being offended therat came to the King in great haste and made his claime by reason that the Earle Gilbert died in his homage the King gaue answer that the whole Earledome was holden of him that hee might lawfully committe the custodie of the Landes to whome soeuer it liked himselfe Hereat the Bishop waxed warme and tolde the King plainly that since he could not haue right within the Realme he would not spare to séeke it abrode forthwith hasted him to the holy Father at Rome where he
waxe grow as well in the bush of haire that it had on the head as also in the length and stature of the members and bodie it selfe By meanes whereof it came to passe that whereas the fruites of the Benefice weare hardly able to susteine the Incumbent nowe by the benefite of this inuention which was in papistrie Nouum genus aucupij the Parson there was not onely furnished by the offering to liue plentifully but also well ayded towarde the makinge of a Hoorde or increase of Wealthe and Riches But as Ephialtes and Octus the Sonnes of Neptune who as the Poets feigne waxed nine inches euerie moneth being heaued vp with opinion and conceits ceipt of their owne length and hantines assaulted heauen intending to haue pulled the Gods out of their places and were therefore shot through slayne with the arrowes of the Gods Euen so when Popish Idolatrie was growne to the full height and measure so that it spared not to rob God of his due honour and most violently to pull him as it were out of his seate then this growing Idole and all his fellowes were so deadly wounded with the heauenly arrowes of the woorde of God Qui non dabit gloriam suam sculptilibus that soone after they gaue vp the ghost and least vs. Betwéene this Towne and Depeforde which is the whole bredthe of the Shyre on the west ende I finde nothing committed to hystorie and therefore let vs hast and take our next way thither ¶ Depeforde in Latine Vadum profundum and in auncient Euidences West Greenewiche THis towne being a frontier betwene Kent and Surrey was of none estimation at all vntil that King Henrie the eight aduised for the better preseruation of the Royall Fléete to erect a Storehouse and to create certaine officers there these he incorporated by the name of the Maister and Wardeines of the Holie Trinitie for the building kéeping and conducting of the Nauie Royall There was lately reedefied a fayre Bridge also ouer the Brooke called Rauensbourne whiche ryseth not farre of in the Heath aboue Bromley ¶ Greenewiche in Latine Viridis finus in Saxon grenapic that is to say the Greene Towne In auncient euidences Eastgreenewiche for difference sake from Depforde which in olde Instruments is called westgreenewiche IN the time of the turmoyled Kinge Ethelred the whole fléete of the Danish army lay at roade two or thrée yeares together before Greenewich And the Souldiours for the moste parte were incamped vpon the hill aboue the towne now called Black-health Duringe this time they pearced this whole Countrie sacked and spoyled the Citie of Canterburie and brought frō thence to their ships Aelphey the Archbishop And here a Dane called Thrum whom the Archebishop had confirmed in Christianitie the daie before strake him on the head behinde and slewe him because he woulde not condiscend to redéeme his lyfe with thrée thousande poundes which the people of the Citie Diocesse were contented to haue geuen for his raunsome Neither would the rest of the Souldiours suffer his bodie to be committed to the earth after the maner of Christian decencie till such time saieth William of Malmsb as they perceiued that a dead stick being annointed with his bloud waxed gréene againe and began the next day to blossom But referring the credite of that and suche other vnfruitfull miracles wherwith our auncient monkish stoaries doe swarme to the iudgement of the godly and discréete Readers most assured it is that aboute the same time such was the storme and furie of the Danish insatiable rauine waste spoyle and oppression with in this Realme besides that of two and thirtie Shyres into which number the whole was then diuided they herried and ransacked sixtéene so that the people being miserably vexed the Kinge himselfe to auoyde the rage first sent ouer the Seas his wyfe and children afterward compounded and gaue them a yerely tribute and lastly for verie feare forsooke the Realme and fled into Normandie himselfe also They receiued besides daylie victuall fourtie eight thousande poundes in ready coyne of the subiectes of this Realme whilest their King Swein lyued twentie one thousand after his death vnder his sonne Canutus vpon the payment whereof they made a corporall oth to serue the King as his feodaries against al strangers and to liue as fréendes and allies without endamaging his subiectes But how litle they perfourmed promise the harms that daily folowed in sundry parts and the exalting of Canutus their owne countrieman to the honour of the Crowne were sufficient witnesses In memorie of this Campe certeine places within this parishe are at this day called Combes namely Estcombe Westcombe and Midlecombe almoste forgotten For Comb and Compe in Saxon being somewhat declined from Campus in Latine signifieth a field or Campe for an Armie to soiourne in And in memorie of this Archebishop Aelpheg the parish Church at Greenewiche being at the first dedicated to his honour remaineth knowne by his name euen till this present day Thus much of the antiquitie of the place concerning the latter hystorie I reade that it was soone after the conquest parcel of the possessions of the Bishop of Lysieux in Fraunce and that it bare seruice to Odo then Bishop of Baieux and Earle of Kent After that the Manor belonged to the Abbat of Gaunt in Flaunders till such time as Kinge Henrie the fift seising into his handes by occasion of warre the landes of the Priors Aliens bestowed it togeather with the manor of Lewsham and many other lands also vpon the Priorie of the Chartrehouse Monks of Shene whiche he had then newly erected to this it remayned vntill the time of the reigne of Kinge Henrie the eight who annexed it to the Crowne whervnto it now presently belongeth The Obseruant Friers that sometime lyued at Greenewiche as Iohn Rosse writeth came thither about the latter end of the reign of king Edward the fourth at whose handes they obteined a Chauntrie with a litle Chapel of the holy crosse a place yet extant in the towne And as Lilley saith Kinge Henrie the seuenth buylded for them that house adioyning to the Palaice which is there yet to be séene But now least I may séeme to haue saide much of small matters and to haue forgotten the principall ornament of the towne I must before I end with Greenewiche say somewhat of the Princes Palaice there Humfrey therefore the Duke of Gloucester Protectour of the Realme a man no lesse renowmed for approued vertue and wisdome then honoured for his high estate and parentage was the first that layde the foundations of the faire building in the towne and towre in the Parke and called it his Manor of pleasance After him Kinge Edward the fourthe bestowed some cost to enlarge the woorke Henrie the seuenthe folowed and beautified the house with the addition of the brick front toward the water side but King Henrie the eight as he excéeded all his progenitours
is said that Faeminae non participabunt cum Masculis The Females shall not diuide with the Males whiche is to be vnderstoode of such as be in equall degrée of kinred as Brother and Sisters c. For if a man haue issue thrée Sonnes the Eldest haue issue a daughter dye in the lyfe of his Father and the Father dyeth In this case it is holden that the daughter shall ioyne with the two other Brethren her Vncles for that she is not in equall degrée with them as her Father was whose heire she neuerthelesse must be of necessitie And nowe thus muche being spoken touching the name tenure nature generalitie necessitie reason and order of Gauelkinde it is woorthie the labour to shew of what qualitie the Rents Remainders Conditions Vouchers Actions and such other things of the which some be issuing out of these landes some be annexed vnto them and some be raised by reason of them shal be In whiche behalfe it may generally be said that some of them shal ensue the nature of the Land and some shal kéepe the same course that common Lawe hathe appointed But in particular it is to be vnderstoode that if a Rent be graunted in Fée out of Gauelkinde land it shal descend to all the Males as the land it self shall do And Ald. and Chart. in 7. E. 3. were of opinion that albeit a tenancie be of Gauelkinde nature yet the rent seruice by whiche that tenancie is holden might well be descendable at the common Lawe The like shal be of a Remainder of Gauelkinde land for if it be tayled to the Heires Males they altogether shall inherite it as Fitzherb Norwiche two Iustices thought 26. H. 8. 8. But that is to be vnderstoode of a discent only for if landes of Gauelkind nature be leassed for life the Remainder to the righte Heires of I. at Stile Which hath issue foure Sonnes dieth after the Leassée for life dieth nowe the Eldest Sonne onely of I. at Stile shall haue this land for he is right Heire and that is a good name of purchase 37. H. 8. Done. 42. en Maister Brook But if the lands had béen giuen to I. at Stile for life the remainder to his next Heire Male this had béen an estate taile in I. S. himselfe and then the Land as I take it should haue discended to all his Sonnes in so muche as in that case the wordes next Heire Male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. Mariae as Iustice Dalison reporteth if a remainder be deuised by Testament Proximo haeredi masculo whether in that case the Eldest Brother only shall haue it in so muche as in the vnderstanding of the Lawe whiche is a Iudge ouer all Customes he is the next Heire Male and therefore inquire of it As touching Vouchers it appeareth 11. E. 3. that all the Heires in Gauelkind shal be vouched for the warrantie of their auncestour and not the eldest only But the opinion of Maister Litleton and of the Iustices 22. E. 4. is clearely that the Eldest Sonne only shal be rebutted or barred by the warrantie of the auncestour To be short the Eldest Sonne only shall entrée for the breach of a condition but the rest of the Brethren shal be ioyned with him in suing a writte of Attaint to refourme a false verdit or errour to reuerse an erronious iudgement And they all shal be charged for the debte of their auncestour if so be that they all haue Assetz in their handes But if the eldest only haue Assetz remaining and the residue haue aliened their partes then he only shal be charged after the minde of the Book 11. E. 3. Det. 7. And this also for this part at this time shal suffise Now a word or twain touching the trial of right in this Gauelkind land then forward to the rest of my purpose There be at the cōmō law two sorts of trial in a writ of Right by Battaile and by the Graund Assise of the which two this Custome excludeth the one altereth the other For Battail it admitteth not at al the Graund assise it receaueth not by the election of 4. Knights but of 4. Tenants in Gauelkind as it may be read in the auncient treatise of the Customes of this Countrie But whē I speake of the treatise of the Customes you must know I mean not the which was lately imprinted but an other with much more faith diligēce long since exemplified a Copie wherof you shal finde at the end of this Booke For not only in this part the wordes Ne soient prises per battail be cleane omitted in the imprinted Booke but in sundrie other places also the wordes be mangled the sentences be curtailed and the meaning is obscured as by conferrence of the variations it may to any skilfull reader moste easily appeare But all that I will referre to the sight and iudgement of suche as will searche and examine it and retourning to my purpose shewe you what belongeth to the Lorde of this Gauelkinde land by reason of this Custome And for bicause the Prince is chiefe Lorde of all the Realme as of whome all landes within the same be either mediatly or immediatly holden let vs first sée what right by reason of this custome belongeth vnto him If Tenant in Fée simple of Landes in Gauelkinde commit fellonie and suffer the iudgement of death therfore the Prince shall haue all his Chattels for a forfaiture But as touching the Land he shall neither haue the Eschete of it though it be immediatly holden of him self nor the Day Yeare and Wast if it be holden of any other For in that case the Heire notwithstanding the offence of his auncestour shall enter immediatly enioye the landes after the same Customes and seruices by whiche they were before holden in assurance whereof it is commonly saide The Father to the Boughe The Sonne to the Ploughe But this rule holdeth in case of Felonie and of murder only and in case not of treason at all And it holdeth also in case where the offendour is iustified by order of Law and not where he withdraweth himselfe after the faulte committed and will not abide his lawfull triall For if suche a one absent himselfe after proclamation made for him in the Countie and be outlawed or otherwise if he take Sanctuarie and doe abiure the Realme then shall his Heire reape no benefite by this Custome but the Prince or the Lorde shall take their forfaiture in suche degrée as if the Landes were at the common lawe Whiche thing is apparant both by the Booke 8. E. 2. abridged by Maister Fitzherbert in his title of prescription 50. And by 22. E. 3. fol. Where it is saide that this Custome shall not be construed by equitie but by a straight and literal interpretation And also by the plaine rehersal of the saide treatise of
the Customes it selfe And in this behalfe also some haue doubted whether the Brother or Vncle shall haue the aduantage of this Custome bicause the wordes thereof extend to the Sonne only but let vs procéede There belongeth moreouer due by the Tenant to each common person being his Lord of Land in Gauelkind Suite to his Court the oathe of fidelitie and the true doing and payment of all accustomed Rents Dueties and Seruices Also if the Tenant dye leauing his Heire within the age of fiftéene yeares the Lorde hathe authoritie to committe the nouriture of the body and the custodie of the goods and landes of the infant to the next of the kinred to whome the inheritance cannot descend But as neither the Lorde ought to take any thing for the custody neither to tender to the Heire any marriage at all So must he take good héede that he credit not the custodie to any person that shall not be able to answere therefore For if the Heire at his full age of fifteene yeares shall come to the Lordes Court and demaunde his inheritance although the Lord may distreine the Gardien to yeelde his accompt as it appeareth 18. E. 2. Auowrie 220. Yet in defaulte of his abilitie the Lord himselfe and his Heires remaine charged to the Heire for the the same Furthermore if the Tenant shall withdrawe from the Lord his due rents and seruices the custome of this Countrie giueth to the Lorde a speciall and solemne kinde of Cessauit and that after this manner The Lord after suche a Cessing ought by award of his thrée wéekes Courte to séeke from Courte to Court vntill the fourth Court in the presence of good witnesse whether any distresse may be found vpon the Tenement or No And if he can finde none then at the fourth Courte it shal be awarded that he shall take the Tenement into his handes as a distresse or pledge for the Rent and seruices withdrawne and that he shall deteine it one yeare and a day without manuring it within whiche time if the tenant come and make agréement with the Lord for his arrerage he shall enter into his tenement againe but if he come not within that space then at the next Countie Courte the Lord ought openly to declare all that his former procéeding to the end that it may be notorious which being done at his owne Courte next following the saide Countie it shal be finally awarded that he may enter into that Tenement and manure it as his proper demeane And that the forfaiture due to the Lord for this ceasser of his Tenant was fiue pounds at the least besides the arrerages it doeth well appeare by the olde Kentishe by word recited in the often remembred treatise of these Customes Neg he syth seald and Neg he syth geld And fiue pound for the were er he become healder That is to say Hathe he not since any thing giuen nor hathe he not sence any thing payd Then let him pay fiue pound for his were before he become tenant or holder againe But some copies haue the first verse thus Nigond sithe seld and nigon sithe gelde That is Let him nine times pay and nine times repay And here by the way it is to be noted that this word were in olde time signified the value or price of a mans lyfe estimation or countenance For before the Conquest each man in the Realme was valued at a certain sūme of money hauing regarde to his degrée condition and woorthinesse as is more at large shewed in the Table to the translation of the Saxon lawes wherevnto for this purpose I will send you This custome of Cessauit is set foorth in the treatise of Customes and hathe béene allowed of as Maister Frowike 21. H. 7. 15. reported in time passed but whether it be also at this day put in vre I cannot certainely affirme But nowe as these aduantages arise to the Lorde from his Tenant So on the other side the Lord also ought to suffer his Tenant to enioy the benefite of such customes as make for his auaile And therefore first he ought to let him alien his land at his owne pleasure without suing to him for licence He ought also to be contented with one suite to his Court for one tenement althoughe the same happen to be diuided amongst many of verie right also he ought to admit an Essoine if any be cast for the Tenant whether it be in a cause of Plainte or for common suite to his Courte And lastlie he may not exacte of him any manner of othe other then that of Fidelitie whiche groweth due by reason of his Tenure And thus leauing the Lorde and his Tenant let vs come to the husband and the wife and first shew what courtesie the husband shal finde by order of this custome after the death of his wife that was seised of landes of Gauelkind tenure and then what benefite the wife may haue after the decease of her Husband dying seased of Landes of the same kinde and nature The Husband saith our treatise of Gauelkind Custome shall haue the one halfe of suche Gauelkind land wherein his wife had estate of inheritance whether he had issue by her or no And shall holde the same during so long time as he wil kéepe him selfe widower and vnmarried For if he marrie he looseth all Neither may he committe any waste more then Tenant by the courtesie at the common lawe may So that one way namely in that he shall haue his wiues land for lyfe thoughe he neuer had issue by her this our Custome is more courteous then the common lawe but an other way I meane in that he shall haue but the one halfe and that with a prohibition of second marriage it is losse beneficiall Howsoeuer it be it holdeth place and is put in practise at this day The wyfe likewyse after the death of her Husband shall haue for her lyfe the one moitie of all such landes of Gauelkind tenure whereof her Husband was seised of any estate of inheritance during the couerture betwéene them Of whiche Custome also though it excéede common measure the common lawe of the Realm bearing alwaies speciall fauour to Dower hath euermore euen hitherto shewed good allowance Neuerthelesse as tenant by the courtesie after this Custome had his cōditiōs annexed so tenant in Dower by the same Custome wanteth not some conditions following her estate One that she may not marrie at all an other that she must take diligent héede that she be not found with Childe begottē in fornicatiō For in either case she must loose her Dower But yet so that lawful matrimonie is by a meane contrarie to the Apostolique permission vtterly forbidden And the sinne of secret Lecherie according to the Popishe Paradoxe Si non caste tamen caute is in a sorte borne and abidden Seing that by this custome she forfeiteth not in this later case vnlesse the childe be borne and heard to crye and
that of the countrey people assembled by hue and crye For then sayth the custome Se that his wende Se his lende But corruptly for in true Saxon letters it stādeth thus Se þat Hire ƿende Se Hire lende That is to say He that dothe turne or wende her Let him also giue vnto her or lende her And thus the custome making like estimation of both the cases depriueth her of her liuing as well for honest marriage as for filthy fornication In whiche behalfe as I must néedes confesse that the later condition hath reason bycause it tendeth though not fully to the correction of sinne and wickednesse So yet dare I affirme that the former is not onely not reasonable but meerely leud and irreligious also For although the Ethnickes did so much magnifie wydowhood that as Valerius reciteth Faeminas quae vno matrimonio contentae erant corona pudicitiae honorabant and although that the common law also being directed by the Popishe Clergie whiche therin followed the errour of Ierome dothe in another case by the name of Bigamie dislike of a womans seconde marriage Yet Sainct Paule sayth plainely Mulier si dormierit maritus eius libera est vt cui vult nubat modò in Domino But yet for all this séeing that our treatise of vsages reciteth it séeing also that common experience of the countrey approueth it and that the common lawe of the Realme as it may be read Praerogatiua Regis Cap. 16. 2. H. 3. in Praescription 59. admitteth it let vs also for this place and purpose be cōtented to number it amongst our customes and so procéed with the residue It appeareth by that whiche is already sayde that the common lawe and this custome differ in two things concerning Dower One in that the common lawe giueth but a thirde parte whereas the custome vouchsafeth the halfe Another in that this custome giueth conditionally whereas the gifte of the common lawe is frée and absolute Nowe therefore there remaine to be shewed certeine other pointes wherein they varie also As if the husband commit Felonie at the common law his wife hath lost her title of Dower but by the custome of this countrey she shall not loose her Dower for the faulte of her husbande but only in suche case where the heire shall loose his inheritance for the offence of his father Which thing is manifest both by the treatise of our Kentishe customes and by the opinion of the Court 8. H. 3. Praescription 60. At the common lawe also the wife shall be endowed of a possession in lawe but as me thinketh she shall haue no Dower by this custome but onely of suche landes whereof her husband was actually and really seised For the wordes be Des tenements dount son Baron morust seiset et vestu which word vestu being cleane omitted in the imprinted booke inforceth a possession in déede and not in lawe only And therefore if landes in Gauelkinde descend to a married man whiche dyeth before he make his entrie into the same inquire whether it be the manner to endowe his wife therof or no for vse is the only Oracle that in this case I can sende you vnto Againe at the common law a woman shal be endowed of a faire or of any such other profit But for as muche as the wordes of this customarie Dower be terres tenements and for that all customes shall finde a literall and streight interpretatiō the opinion of Maister Parkins is that no Dower lyeth of a faire by this custome Furthermore if the wife recouer her Dower at the common law she ought of necessitie to be endowed by metes and boundes But in Dower after this custome sayth the same authour she may very well be endowed of a moitie to be holden in common with the heire that inioyeth the other half Lastly this custome besides Dower of the one halfe of the husbandes lande prouideth Dower of the moitie of suche goods also as he dyed possessed of if he had no children and of the thirde part though he leaue issue wheras the common lawe at the least in common practise at this day hath no consideration of any suche endowmēt These then be the differences betwéene the common lawe of the Realme and the particular custome of this countrey concerning Dower the comparison whereof and whether sort of Dower is more beneficiall I will not now attempt and much lesse take vpō me to determine least I my selfe might séeme rashly to preiudicate in another thing wherin I most gladly desire to be iudged by other men namely whether a woman intituled to Dower in Gauelkind may waine her Dower of the moitie after this custome and bring her action to be endowed of the thirde at the common lawe and so exempt her selfe from all danger of these customarie conditions or no The Resolution of whiche doubte will depend chiefly vpon comparison whether it be more aduauntage to her to haue the thirde at the common lawe absolutely or the moitie by the custome conditionally For if the Dower at the common law be better for her then it séemeth reasonable that she should stande to the worse whiche is the custome euen as tenant by the curtesie must take the moitie that the custome giueth and not aske the whole as Common lawe appointeth And yet thereto it may be replyed that the cases be not like for so muche as that of Dower is much more to be fauoured I my selfe once heard two reuerend Iudges of opinion that the woman was at libertie to aske her Dower of the Thirde or of the Moitie But bycause it was vttered by them in a passage of soudaine speache and not spoken vpon studied argument I will not vse the authoritie of their names to get the matter credite with all but leaue it at large to be better inquired of After the husbande and the wife there followeth next in order of our diuision the childe and his Gardein whom also since they be Relatiues as the other be and that their interests carrie a mutuall and Reciproquè eye eche hauing respect to other we will likewise couple together in one treatise And bycause the custome was wont to commit the custodie not of the landes only as the common lawe doth but of the goods and chattels also we will first shewe what portion of goods did growe to the childe by the death of his parent The manner of this countrey somtime was as it appeareth by our olde treatise that after the funeralles of the deade man perfourmed and his debts discharged the goods should be diuided into thrée equall portions if he lefte any lawfull issue behinde him of whiche three one parte was alotted to the deade for performance of his legacies another to the children for their education and the thirde to the wife for her sustentation and maintenance But if he had no children left on liue then was the diuision into two partes onely of whiche the one belonged to the wife
for her endowment and the other to her departed husbande to be bestowed by his executors if he made a testament or by the discrâ—tion of the ordinarie if he died intestate The selfe same order is at this day obserued in the Citie of London and the same in effect was long since vsed throughout the whole Realme For it is euident bothe by the lawe of King Canutus before remembred by Maister Glanuille in his booke Ca. 18. and by the wordes of Magna Carta that the wyfe and Children had their reasonable partes of the goods by the common lawe of the Realme howsoeuer it came to passe at the length that it was admitted for law but in such Countries only where it was continued by daily vsage as it is holden 17. E. 2. and in many other bookes that al the writs in the Register De rationabili parte bonorum Haue mention of the speciall Custome of the Shyre in whiche the part is demaunded But as in déede at this day partition of Chattels is not vsed though in the meane time it hathe not lost the force of common lawe as many thinke through out the whole Realme so is it so far as I can learne vanished quite out of all vre within this Countrie also And therfore séeing the Gardein is deliuered of this charge we also wil leaue to speake further of the goods and come to the partition and custodie of the land of this Infant If a man die seised of landes in Gauelkinde of any estate of inheritance al his Sonnes shal haue equal portioÌ„ if he haue no Sonnes then ought it equally to be diuided amongst his daughters But yet so that the eldest Sonne or Daughter hath by the Custome a preeminence of election and the youngest Sonne or Daughter a preferment in the partition For as of auncient time there ought to be graunted to the eldest the firste choice after the diuision so to the parte of the youngest there ought to be allotted in the diuision that peice of the Mesuage whiche our treatise calleth Astre By whiche word is ment as I coniecture for otherwise I haue not learned either the Hall or chiefe roome of the house either els the well for water or the Southe side of the building For Astre being sounded without s may come of the Latine woord Atrium whiche signifieth a Hall or of Haustrum whiche betokeneth the Bucket of a well or of Austrum the Southe side euery of whiche haue their particular commodities aboue the rest of the house or tenement Or otherwyse if that shal like any man better being sounded with s it may be deduced from the Frenche word Asistre by contraction Astre whiche is as much as a site or situation and with the Article le before it Lestre a Churcheyard or Court about a house But whatsoeuer the woord meane I will not longer labour in it seing that at this day there is no suche regarde made in the partition but only consideration had that the partes them selues be equall and indifferent Now therfore if the Childe be vnder the age of 15. yeres the next Cousin to whoÌ„ the inheritance may not descend shal haue the education order of his body landes vntil suche time as he shall attaine to that age euen as the Gardein in socage at the common law shall kéepe his vntill the warde aspire to fouretéene And in all other things also this customarie Gardein is to be charged and to haue allowance in suche sorte and none other then as the Gardein in socage at the common law is Saue only as it is partly remembred already that he is bothe chargeable to the Heire in accompt for his receipt subiect also to the distresse of the Lord for the same cause Yet doe I not heare that the Lordes take vpon them at this day to committe the custodie of these Infants but that they leaue it altogether to the order of the next of the Kinne the rather belike for that they them selues if they intermedle stande chargeable in default of the abilitie of suche as happely they might credit therewithall So that vpon the whole matter the addes consisteth only in this that Gardein in Socage at the common Lawe shall keepe the land till the Infant be fourtéene yeares of age and Gardein by this custome till he haue attained fully fiftéene whiche diuersitie ariseth not without great reason For whereas the Infant in Socage at the common law cannot make alienation of his land vntill he haue reached to the full age of 21. yeares although he be long before that frée from all wardship The Infant in Socage by this Custome may giue and sell his land so sone as he is crept out of this Custodie And therefore it was expedient at the leaste to adde one yeare to the common Lawe before he should be of power to depart with his inheritance whiche otherwise being vnaduisedly made away might worke his owne impouerishment and ouerthrowe And truly it séemeth to me that the Custome it selfe hath a watchefull eye vpon the same matter in so much as it licenceth him at fiftéene yeares Not to giue his Land for that he might doe for nothing But to giue and sell his Land whiche it meaneth he should not doe without sufficient recompence Suche like interpretation the common Lawe also séemeth to make of this custome both by the opinion of Vauasor 5. H. 7. who said the it was adiudged that a release made by such an Infant was voide by the sentence of the Booke 21. E. 4. 24. where it was said that an infant cannot declare his will vpon such a Feoffment and by the iudgement of Hank 11. H. 4. who also helde that a warrantie or graunt of a reuersion made at suche age was to no purpose at all althoughe a lease with release might happely be good by the Custome bicause that amounteth to a Feoffment And in my simple iudgement it is not fit that this Custome should be construed by equitie for as muche as it standeth not with any equitie to enable an infant of litle discretion and lesse experience to sell his land and not to prouide withal that he should haue Quid pro quo and some reasonable recompence for the same for that were not to defend the Pupill and Fatherles but to lay him wyde open to euery slye deceipt and circumuention In whiche respect I cannot but very well like of their opinion who holde that if an Infant in Gauelkinde at this day will sell at xv yeares of age these thrée things ought of necessitie to concurre if he will haue the sale good and effectuall The firste that he be an heire and not a Purchasour of the land that he departeth withall The second that he haue recompeÌ„ce for it and the third that he do it with liuerie of seison by his owne hand and not by warrant of Attourney nor by any other manner of assurance And these men for proofe
of the first and second point of their assertion doe builde vpon the wordes of our written Custome where it is saide Del heure que ceux heirs de Gauelkinde soient ou ount passe lage de 15. ans list a eux lour terres tenementes Doner Vender in whiche the wordes Ceux Heires doe restraine the Infant that commeth in by Purchase And Doner Vender in the copulatiue for so they lye in déede though the imprinted booke haue thē disiunctiuely doe of necessitie implye a recompence for as muche as Vendere cannot be Sine precio And for maintenance of the third matter they haue on their part besides the common vsage of their owne Countrie the common lawe of the whole Realme also which expoundeth the word Doner to meane a Feoffment as I haue before shewed and whiche not onely disaloweth of any gifte made by an infant but also punisheth the taker in trespas vnlesse he haue it by liuerie from the infantes owne handes Thus haue I runne ouer suche customes as by meane of this Gauelkinde tenure doe apperteine eyther to the Lorde or the Tenant the husbande or the wife the childe or the Gardein To these I will adde as I promised confusedly a fewe other things of the whiche some belong generally to the Kentishe man throughout the whole Shyre Some to the inhabitants of some particular quarter of the countrie and some to the tenants in Gauelkinde onely and to none other It appeareth by claime made in our auncient treatise that the bodyes of all Kentishe persons be of frée condition whiche also is confessed to be true .30 E. 1. in the title of Villenage 46. in Fitzherbert Where it is holden sufficient for a man to auoide the obiection of bondage to say that his father was borne in the Shyre of Kent But whether it will serue in that case to saye that him selfe was borne in Kent I haue knowne it for good reason doubted It séemeth by the same treatise that suche persons as helde none other lande then of Gauelkinde nature be not bounde to appeare vpon Sommons before the Iustices in Eire otherwise then by their Borsholder and foure others of the Borowe a fewe places only excepted The like to this Priuilege is inioyed at this day in the Sherifes Lathe where many whole Borowes be excused by the onely apparance of a Borsholder and two foure or sixe other of the inhabitants Furthermore I haue read in a case of a written report at large of .16 E. 2. whiche also is partly abridged by Fitzherbert in his title of Praescription that it was tried by verdite that no man ought to haue commen in landes of Gauelkinde Howbeit the contrarie is well knowne at this day and that in many places The same booke sayeth that the vsage in Gauelkind is that a man maye lawfully inchase or driue out into the highe way to their aduenture the beastes of any other person that he shal finde doing damage in his land and that he is not compellable to impounde them which custome séemeth to me directly against the rule of the common lawe But yet it is practised till this present daye The Parleament 15. H. 6. 3. minding to amplifie the Priuileges of Gauelkinde graunted to the tenants of that lande exemption in Attaints in suche sort as the inhabitants of auncient demeane and of the Fiue Ports before had But within thrée yeares after vpon the complaint of some of the Gentz of the Countrie whiche infourmed the Parleament house that there was not in the whole Shyre aboue the number of 30 or 40. persons that helde to the value of 20. li. land out of Gauelkinde who in default of others and by reason of that exemption were continually molested by returnes in Attaintes that Acte was vtterly repealed The Satute .14 H. 8. Cap. 6. giueth libertie to euery man hauing high way through his Land in the Weald that is worne déepe and incommodious for passage to lay out an other way in some suche other place of his land as shal be thought méete by the viewe of two Iustices of the Peace and twelue other men of wisedome and discretion Finally the generall Lawe made 35. H. 8. 17. For the preseruation of Copies woodes thorough out the Realme maketh plaine exception of all woodes within this Weald vnlesse it be of suche as be common Thus muche concerning the customes of this oure Countrie I thought good to discourse not so cunningly I confesse as the matter required nor so amplie as the argument would beare for so to doe it asketh more art and iudgement then I haue attained But yet sufficiently I truste for vnderstanding the olde treatise that handleth them and summarily inough for comprehending in manner whatsoeuer the common or Statute lawe of the Realme hath litterally touching them whiche is as muche as I desired Now therefore to the end that neither any man be further bound to this my discourse vpon these customes then shal be warranted by the Customes thēselues neither yet the same customes be henceforth so corruptly caried about as hitherto they haue béene but that they may at the length be restored to their auncient light and integritie I will set downe a true and iust transcript of the very text of them takē out of an auncient and faire written roll that was giuen to me by Maister George Multon my Father in lawe and whiche some time belonged to Baron Hales of this Countrie I wil adioyne also mine owne interpretation in the English not of any purpose to binde the learned vnto it but of a desire to infourme the vnlearned by it Kent Ces These sount are les the vsages vsages les and custumes customes les the ques which le the comunaute comunalty de of Kent Kent cleiment claimeth auer to haue en in the tenementz Tenements de of Gauylekende Gauelkinde e en in gentz the men of Gauilekendeys Gauelkind * allowes en Eire Iohn de allowed in Eire before Iohn of Berewike Berwike e sos compagnions and his cōpanions Iustices the Iustices en in Eire Eire en in Kent Kent le the 21. 21. an yeare le of Roy Ed. fitz le Roy Henrie * Cestascauoir que toutes les King E. the Sonne of King Henrie * That is to say that all the cors bodies de of Kenteys Kentishe seyent men frācz be free auxi aswell come as les the autres other fraūz free bodies cors of Dengleterre England Et que ilz ne duiuent le eschetour le Roy And that they ought not the Eschetor of the King to elire chuse ne nor vnkes euer en in nul any temps time ne fesoint mes le Roy prengne ou did they But the King shall take or face prendre tiel come luy plerra de ceo qui soit cause to be taken suche an one as it shall please him to serue him mistier a luy seruir Et
quilz pusent lour terres in that which shal be needeful And that they may their landes lour their tenementz tenements doner vender sauÌ„z conge demauÌ„der a giue and sell without licence asked of their lour seignerages sauues a seignorages les rentz Lords Sauing vnto the Lordes the rentes and e les the seruices seruices dues des mesmes le tenementz due out of the same tenements Et que touz e chescun And that al and euery of them puseit per Brë le roy may by writ of the kyng ou or per by pleynt plainte pleder pur lour plede for the obteining drou purchaser auxibien de lour Seignerages come des auters of their right as well of their Lordes as of other men gentz Et clament auxi que la Commune de Gauylekendeys And they clayme also that the communaltie of GauelkindmeÌ„ que ne tenent mes que tenemenz Gauylekendeys which hold none other then tenements of Gauelkind nature ne deiuent venir a la comune Somonse del Eire oug t not to come to the common Summonce of the Eire mes but ke per Borgesaldre only by the Borsholder and iiij foure homeÌ„s men de of la the Borghe Borowe hors except pris les villees que deiuent responder per xij hoÌ„mes en le Eire the townes which ought to aunswere by twelue men in the Eire Et And they clament clayme auxi also que sil nul tenant en Gauylekend seit atteint that if any tenant in Gauelkinde be attainted de of felonie felonie per que for the which il he suffre suffreth Iuyse de mort iudgement of death eit le Râ—y the King touz ses chateux shal haue all his goods e son heire eir heire meintenant foorthwith apres after sa his mort death seit shal enherite de touz be inheritable to all ses his terres landes tenemenz tenements que which il he tient held en in Gauylekende Gauelkind en in fee fee e en heritage e les tiendâ—a perâ—â—â—â— les in inheritance and he shall holde them by the same seruices seruices et customes customes sicoÌ„e ses auÌ„cestres les tyndroÌ„t dont est dist as his auncestors held theÌ„ whervpoÌ„ it is said en in Kenteis Kentish þe the fader father to to þe the boghe boughe and þe the son son to þe plogh to the plough And if Et he si il eit haue a femme wife meintenant seit dowe forthw t be she endowed by ê‘ the le heir heire sil seit dage if he be of age de of la the meytie one half de touz les terres e tenemeÌ„z que son Baroun tint of al the landes tenements which her husband held de of Gauylekend Gauelkind nature en in fee fee a auer e a tener solonc la fourme de to haue to hold according to the forme suthdyte hereafter declared Et And de of tiels such terres lands le the Roy King ne auera An shal not haue the yere ne nor wast wast mes tant soulmeÌ„t les chateux sicome il est auaÌ„tdit Et si but only the goods as is before said And if any man of nul Gauylekendeis Gauelkind either pur felonie either for felonie ou or pur for Ret suspitioÌ„ de of felonie felonie se suthtres A drawe him de la pees out of the country e scit en counte demande com il appent be demauÌ„ded in the countie as he ought e puis be vtlagheâ—ou sil se met en scinte eglise et foriure la terre one afterward vtlawed or put him self into the holy church abiure the le Reaume le Roy auera lan e le wast de ces terres de land the King shal haue the yere that wast of his lands of touz all ses his tenemenz tenements ensemblement oue touz together with all his goods ces and chateus chattels issint que apres lan e le tour le plus ê“cheyn Seigâ—ou Seigneurs So that after the yeare the day the next Lord or Lordes eyent shall leur haue their eschetes Eschetes de celes terres e tenemenz of those landes and tenementes chescun euery Seigneur Lorde ceo that que whiche de is luy est tenu immediatly sans holden men of him E clament And they claime auxi also que that si if ascun any tenant tenant en in gauylekende Gauelkind murt dye et seit and be an enherite inheritour de of terres landes e de and tenemenz tenementes de in Gauylekende Gauelkinde que touz ses fitz that all his sonnes shall partent parte cel that heritage inheritaunce per by ouele equall porcioun portions Et And si nul heir if there be no madle ne seit seit la partye feit entre les females sicome heiâ—e male let the partition be made betweene the females euen entres les freres as betweene brothers Et la mesuage seit autreci entre eux And let the messuage also be departed departi mes le astre demorra al pune betweene them but the Astre shall remaine to the youngest sonne ou or al punee daughter e la value seit de ceo liure a chescun des And be the value therof deliuered to eche of the parceners parceners de of cel that heritage heritage a. from xl fourtie pes de cel Astre si feete from that Astre if le the tenement tenement le will peut so suffrir suffer E And donkz then le eyne frere eit let the eldest brother haue la primere electioun e les autres apres per degree the first choyce the others afterward according to their degree Ensement Likewise de of mesons houses que whiche serront shall be trouets founde en in tieus suche mesuages Messuages seient departye entre les heirs per ouele porcioun let them be departed amongst the heires by equal portions Ceo est that is asauoir per peies sil est mistier Sauue le couert del Astre to weete by foote if neede be Sauing the Couert of the Astre que remeynt al pune which shal remain to the yongest son ou al punee sicome il est auandist or daughter as is before said issi que nequedont que le punc face renable gre a ces So neuerthelesse that the yongest make reasonable amendes to his parceners de la partye que a eux appent parceners for the part which to them belongeth per agard de by the award of bone good gentz meÌ„ E des auaunditz tenemenz dont vn soule Sute And of the aforesaid tenements whereof one only suite tant soulement soleit estre feit auaut ne seit per la resoun de la was wont to be made before time be there not by reason of the partition partye fo rs vn soule sute faite sicome soleit auant but one sole suite made as it was before accustomed
mes But que tous les parceners facent contributiâ—un a celui que face yet let al the parceners make contribution to the parcener which maketh la sute pur eux Ensement seient les chateus de Gauylekendeys the suite for theÌ„ In like sort let the goods of Gauelkind persons parties en treis apres le exequies e les dettes rendues si il y cit be parted into .3 partes after the funerals the debts payed if ther be issue multer en vye issi que la mort eyt la vne partie e les fitz lawfull issue on liue So that the dead haue one parte his lawfull e les filles muliers lautre partie et la femme la tierce partie sonnes and daughters an other parte and the wife the thirde parte Et si nul issue mulier en vye ne seit And if there be no lawfull issue on liue eit la mort la meite let the dead haue the one half e la femme en vye lautre meytie Et si le heir ou lez heirs seit and the wife on liue the other halfe And if the heire or heires shal be ou seyent de deins le age de xv ans seit la nouriture de eux vnder the age of .15 yeares let the nourtriture of them be committed baille ê‘ le Seig. al plus procheyn del sank a qui heritage ne by the Lord to the next of the bloud to whom the inheritaunce can peut not descendre descende issi que le Seign pur le bail rem ne prengne So that the Lorde take nothing for the committing Et quil ne seit marie per le Seign mes per sa volunte thereof And let not the heire be maried by the Lord but by his own demeine per le conseil de ces amys sil veut Et quant cel will and by the aduise of his friendes if he will. And when suche heir ou ceux heirs sont de plener age de .xv. auns seient a heire or heires shall come to the full age of fifteene yeares let their eux lour terres e lour tenemenz liures ensemblemeÌ„t one lour lands and tenements be deliuered vnto them together with their chateaux et oue les enprowemenz de celes terres outre goods and with the emprouements profits of the same lands remayning renable sustinance de quel enprouement e chateux aboue their reasonable sustenance of the which profits and goods seit tenu a respondre celui qui de luy a tera la noriture let him be bounde to make aunswere which had the education of the ou le Seigneur ou ses heires que cel noriture auera baille heire or els the Lord or his heires which committed the same education Et ceo fet a sauoir que del houre que ceux And this is to be vnderstoode that from such time as those heirs Gauylekende seient ou ount passe le age de xv auns heires in Gauelkind be of or haue passed the age of fiftene yeares list a eux lour terres ou tenemenz doner e vendre it is lawefull for them their landes or tenementes to giue and sell a at lour their volunte Sauues les seruices au chefz seignorages com il at their pleasure Sauing the seruices to the chiefe Lordes as is est deuant dit Et si nul tiel tenant en Gauylekend meurt e eit before sayde And if any such tenant in Gauelkind dye and haue a femme que suruiue wife that ouerliueth him seit cele femme meyntenant douwe de let that wife by and by be endowed of la meite des tenementz dont son baroun morust vestu e the one halfe of the tenements wherof her husbande dyed vested seisi per les heirs sil seient de age ou per les Seigneures seised by the heires if they be of age or by the Lordes if si les heirs ne seint pas de age the heires be not of age issi que ele eyt la So that she may haue the moietie one halfe meite de celes terres e tenemenz a tener tant com ele se of those landes and tenementes to holde so long as she keepeth tyent veue her a widow ou de enfanter seit atteint per le auncienne or shal be attainted of childbyrth after the auncient vsage vsage ceo that est is to asauoir que quant ele enfaunte e say that if when she is deliuered of childe the lenfant seit oy crier E que le hu e le cry seit leue infant be heard crye and that the hue and crye be raysed e le pais ensemble and the countrie be assembled e eyent weue de lenfant ensi faunte and haue the viewe of the childe so e de la mere borne and of the mother adonks perde son dowere enterement e then let her loose her Dowre wholy and autrement nyent tant come ele se tient veue otherwise not so long as she holdeth her a widowe dont il est wherof it is dist en kenteys se þat His wende se His lende sayde in Kentish he that doth wende her let him lende her E And clament auxi que home que prent femme que eit heritage they clayme also that if a man take a wife whiche hath inheritance de of Gauylekend Gauelkind e la femme murge auant luy and the wife dyeth before him eit le Baroun let the husband haue le meite de celes terres et tenemenz tant come the one halfe of those landes and tenements whereof she died seised il se tient veuers dont il morust seisei saunz estrepement so long as he holdeth him a widower without doing any strippe ou wast ou exile fere le quel kil y eit heir entre or waste or banishment whether there were issue betweene eux them ou or noun no Et sil prent femme And if he take another wife trestout perde let him loose all Ei And si nul tenement de Gauylekend eschete et ceo eschete seit a if any tenement of Gauelkinne do escheate and that escheate be to nul seigneur que tiene per fee de hawberk ou per seriauncye any Lord whiche holdeth by fee of Hawberke or by Sericancie per by mort death ou or per by Gauelate sicome il est suthdite is heareafter sayd ou li â—â—it or be to him rendu de son tenant que de li auant le tynt per quiteclamauÌ„ce rendred giuen vp by his tenaunt whiche before held it of him by quiteclaime de ceofete ou seit sa eschete ê‘ Gauelate sicome il est de suthdit thereof made or if his eschete be by Gauelate as is hereafter sayed remeyne cele terre as heirs impartable let this land remaine to the heires vnpartable Et ceo fet asauoir And this is to bee la ou le tenant ensirendant vnderstood where the tenant so rendring nule seruice
retent doth reteine no seruice deuers sey sauuet nequedent as autres Seigneurages fees fermes to himselfe but saueth neuerthelesse to the other Lords their fees e les rentes dont les auant diz tenemenz de Gauylekende fermes and the rentes wherewith the aforesaide tenementes of ensi rendus auaunt furent charges per ceux ou Gauelkind so rendred were before charged by him or theim per celuy que le charger poent ou poeyt which might charge them Eclament auxi que si And they claime also that if any nul tenant en Gauylekende reteine sa rent e son seruice del tenant in Gauelkind reteine withholde his rent and his seruices of the tenement tenement quil tient de son Seign querge le Seign per whiche he holdeth of his Lorde let the Lorde seeke by the agard de sa court de treys semeynes en treys semeynes truue award of his courte from .3 weekes to .3 weekes to find some distresse destreâ—se sur cel tenement tant que a la quart court a totefet vpon that tenement vntill the fourth court alwayes with per tesmoynage Et si dedens cel temps ne trusse destresse on ce witnesses And if within that time he can find no distresse in theÌ„ tenement per queux il puisse son tenant iustiser tenement whereby he may haue iustice of his tenant Donc a la Then at the quart court seit fourth court let it be agard awarded quil pregne cel tenement en that he shall take that tenement into sa mein en noum de destress his hand in the name of a distresse ausi come boef ou vache as if it were an oxe or a cow e le tiene vn an and let him keepe it a yeare e vn iour en sa mein sance meyn and a daye in his hande without manuring ouerir dens quel terme it within which terme si le tenant vent e rend ses if the tenaunt come and paye his arrerages arrerages e feit renables amendes de la detenue and make reasonable amendes for the withholding a donc eit e ioise son tenement sicom ses auncestors e Then let him haue and enioye his tenement as his auncetors and ly auant le tyndront Et sil ne vent deuant lan he before held it And if he do not come before the yeare e le tour and the day passe donc auge le Seign al prochein Counte suiant oue resmoynage paste then let the Lord goe to the next countie court with the witnesses de sa court e face la pronuncier cel proces pur of his owne courte pronounce there this processe to haue tesmoynage auer further witnesse Et per agard de sa court apres ceo Counte And by the award of his court after that couÌ„tie tenue entra e meynouera en celes terres e tenemenz courte holden he shal enter manure in those lands tenemeÌ„ts sicome en son demeyne Et si le tenant vent apres e voillâ— as in his demeanes owne And if the tenant come afterwarde and will ces tenemenz reauer e tener sicome il fist deuaunt face rehaue his tenements hold them as he did before let him make gree al Seigneur sicome il est auncyenement dist agreement with the Lord according as it is aunciently sayde NegHe syþe selde and neg He syþ gelde and fif pond for þe Æ¿ere er He bicome Healder Aussi il cleyment que nul home deit serment sur liure fere Also they claime that no maÌ„ ought to make an othe vpon a booke per destress ne per poer de Seigneur neither by distresse nor by the power of the Lord ne de Baylif nor his bailyfe encountre sa volunte saunz bref le Roy sinon pur feaute against his wil without the writ of the King vnlesse it be for fealtie fere a son Seigneur meske per deuaunt Coronner ou auter to be done to his Lord but only before the Coroner or suche other minister le Roy qui Real poer eyont de enquerer de minister of the King as hathe Royall power to enquire of trespas fet encountre la Coronne nostre Seigneur le Roy. trespasse committed against the crowne of our Lord the king Ecleyment And auxi que checun Kenteys put autre assonier en they clayme also that euerie Kentishe man may essoine an other la court le Roy en Counte en hundreth e en la either in the Kings court or in the countie or in the huÌ„dreth or in the court son Seigneur la ou assoigne gist aussi bien de commune Court of his Lord where essoine lieth the aswel in case of coÌ„muÌ„e sute come de play Estre ceo il cleyment per especial fet le Roy sute as of plea. Moreouer they claime by an especiall deed of king Henrie pere le Roy Edward que ore est que dieu Garde que Henry the 3 father of King E. which now is whoÌ„ god saue that of de tenementz que sont tenus en Gauylekende ne scit prise battaille the tenements which are holden in Gauelkind ther shal no battail ne graund assise per xij chiuallers sicome aillours be ioyned nor graund Assise taken by .xii. Knights as it is vsed in est prise en le reaume ceo est a sauoir la ou tenaÌ„t e le demauÌ„dant other places of the realme this is to weet where the tenant demauÌ„dant teneÌ„t per Gauylekende mes en lu de ces grandes assises holde by Gauelkinde But in place of these ground assises seieÌ„t prises Iurees per xii homes tenaÌ„tz en GauylekeÌ„d Issi let Iuries be taken by .xii. men being tenants in Gauelkind so the que quatre tenaÌ„tz de GauylekeÌ„d elisent .xij. tenaÌ„tz de Gauyle foure tenants of Gauelkinde choose .xii. tenants of Gauelkinde to kende iurours E la chartre le Roy de ceste especiaute est en la be Iurors And the chartre of the King of this especialtie is in the garde Sire Iohan de Norwode le tour S. Elphegh en CaÌ„terbyre custodie of Sir Ihon of Norwood the day of S. Alphey in Canterburie le an le Roy Edward le Fiz le Roy Henrie .xxi. the yere of King Edward the sonne of king Henrie the xxi Ces sont les vsages de Gauilekend e de Gauylekendeys en KeÌ„t These be the vsages of Gauelkind of Gauelkinde men in Kent que furent deuaunt le conquest e en le Conquest e totes houres whiche were before the conquest and at the Conquest and euer teskes en ca since till now The names of such persons as procured their possessions to be altered from the nature of Gauelkinde by acte of Parleament made .31 H. 8. Cap. 3. Thomas Lord Cromwell Thomas Lord Burghe George Lord Cobham Andrew Lord Windsore Syr Thomas Cheyne Syr Christopher Hales S. Thomas Willoughbie S. Anthonie Seintleger S. Edward Wootton S. Edward Bowton S. Roger Cholmley