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
petition exhibited by Richarde then Earle of Arundale and Surrey in whiche the same Earle claimed the office of chiefe Butler and recognised him self ready to perfourme the same Wherevpon foorthwith one Edmund Staplegate exhibited another petition and likewise made his claime to this effect That whereas he the sayde Edmund helde of the King in chiefe the Manor of Bylsington in Kent by the seruice to be his Butler at the Coronation as plainely appeared in the booke of Fées and Sericancies in the Exchequer And whereas also by reason of that tenure the late King Edwarde the thirde had both seised the landes of that petitioner for so much as he was in his minoritie at the time of the death of Edmund Staplegate his father and had also committed the custodie of his body to one Iefferay Chawsier to whō he payde 104. l. for the same he nowe proffered to doe that seruice and praied to be admitted to the office therof with alowance of the fées that belonged therevnto These claimes and the replies also bothe of the Earle and of Staplegate being hearde and considered It was then order partly for the shortnesse of the time whiche would not permit a full examination of the matter and partly bycause that on the Earles side it was proued that his auncestors had béene in possession of that office after the alienation of the Manor of Bylsington whereas on the other part it appeared not that the auncestors of Staplegate had euer executed the same that for the present Coronation the Earle shoulde be receiued and the right of Staplegate and all others shoulde be neuerthelesse to them saued Thus muche of the Manor of Bylsington whiche lyeth here on the right hande I thought méete to impart with you to occupy vs withall in our way to Rumney for as touching the Pryorie that there was althoughe I suppose it to haue begon by the liberalitie of some of the Earles of Arundale yet can I assure you of nothing touching it saue onely of the yearely value whiche you shall finde in the Particular of this shyre amongst the rest of the suppressed houses Rumney called in Saxon Rumen ea that is to say The large watrie place or Marishe It is written in the Records corruptly Rumenal and Romual THE participation of like Priuilege might wel haue moued me to haue placed the Portes together but the purpose of myne order already taken calleth me another way and byndeth me to prosecute them as they lye in order of my iourney There be in Kent therfore two townes of this name the Olde and the New Rumney as touching the latter whereof I minde not to speake hauing not hitherto founde eyther in Recorde or Hystorie any thing pertaining therevnto but that little whiche I haue to say must be of olde Rumney whiche was long since a principal Port and giueth cause of name to the new towne as it selfe first tooke it of the large leuell and territorie of Marishe grounde that is adioyning This Towne sayth the Recorde of Domesday was of the possession of one Robert Rumney and holden of Odo then Bishop of Borieux Earle of Kent and brother to King William the Conquerour in the which the same Robert had thirteene Burgesses who for their seruice at the Sea were acquitted of all exactions and custome◠of charge excepte fellonie breache of the peace and forstalling It was sometyme a good sure and commodious Hauen where many vessels vsed to lye at Roade For Henrie the Archedeacon of Huntingdon maketh report that at suche time as Godwine Earle of Kent and his Sonnes were exiled the Realme vpon suche cause of displeasure as hathe alreadie appeared in Douer they armed vessels to the Sea and sought by disturbing the quiet of the people to compell the King to their reuocation And therfore among sundry other harmes that they did on the Coast of this Shyre they entred the hauen at Rumney and lead away all suche shippes as they found in the Harborow Thomas Becket the Archebishop hauing by froward disobedience and stuborne pertinacitie prouoked King Henrie the second to indignation against him and fearing to abide the triall of ordinarie Iustice at home determined to appeale to the Popes fauour at Rome for whiche purpose he secretly tooke boate at Rumney minding to haue escaped ouer but he was driuen backe by a contrary wynde and so compelled to land againste his will. The vnderstanding of whiche matter so exasperated the King against him that foorthwith he seased his goods and gaue commaundement by his writte to the Sheriffes of all coastes to make arrest of al such as for any cause prouoked to the Pope He caused also his subiectes from twentie yeares of age vpward through out the whole Realme to renounce by othe all wonted obedience to the Sée of Rome and sollicited earnestly the Emperour Frederic and Lewes the Frenche King to haue ioyned with him in deposing Pope Alexander for that he so commonly receaued runnegates and suche as rebelled against their lawfull Princes But suche was eyther the enimitie of Lewes the Frenche King againste King Henrie the second or his dull sight in discerning the profit of the whole Christian common weale that he refused to assist the other twain by meanes whereof both Frederic the Emperour was afterward compelled to yéelde him to the Pope King Henrie the second glad withall submission to reconcile himselfe to the Archebishops fauour Rumney Marshe is famous throughout the Realme as wel for the fertilitie quantitie of the soile leuell as also for the auncient and holesome ordinances there vsed for the preseruation and maintenance of the bankes and walles against the rage of the Sea. It conteineth as by due computation it may appeare 24000. Acres For the taxation of Rumney Marshe onely not accompting Walland Marshe Guilford Marshe c. amounteth to 50. pounds after the rate of one halfe peny the Acre and it is at this day gouerned by certaine lawes made by one Henrie Bathe a Iustice and Commissioner for that purpose in the time of King Henrie the third Of whiche his statutes experience in time hath begotten suche allowance and liking that it was afterward not onely ordered that all the lowe groundes betwéene Tanet in Kent and Pemsey in Sussex should be guided by the same But they are also nowe become a paterne and exemplar to all the like places of the whole Realme to be gouerned by The place is not muche inhabited bycause it is Hyeme malus Aestate molestus Nunquam bonus Euil in Winter grieuous in Sommer and neuer good As Hesiodus the olde Poet somtime saied of the Countrie where his Father dwelt And therefore very reasonable is their conceite whiche doe imagine that Kent hathe thrée steps or degrées of whiche the first say they offereth Wealth without healthe the second giueth bothe Wealth and healthe and the third afoordeth healthe onely and no Wealthe For if a man minding to passe through
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
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
finde in a Recorde that Thomas Arundell an other Bishop of the same Sée foūded a Chaunterie at Maidston which whether it be the same that was sometime called the house of the Brothers and but lately conuerted by the Townesmen into a Frée schoole or no I will not boldely affirme but I thinke it rather so then otherwise Of the Bridge I finde no beginning but I suspect that it rose by the Archebishops whiche were not onely owners of the Palaice hard by as you sée but Lords and Patrones of the whole Towne and Church also And thus muche onely of the Town as touching the Riuer of Medwey it séemeth to haue beene so named either because it stood in the midle of the Kentish Kingdome or els for that it ranne midde betwéene the two Bishopricks For the woord Midƿeg signifieth nothing els but the Midway as Middeg dothe noone or Midday onlesse happely some man would rather haue it called Medpoeg bicause of the meddowe that it maketh all along the course of the same This Riuer is increased by the foure principall Brookes that runne into it whereof to beginne at the West the first springeth about Crowherst in Surrey not farre from the head of Darent it falleth to Eton-bridge and taking in the way Heuer Penshreste and Tunbridge ioyneth with the second at Yealding The second ariseth at Blackbrooks in Waterdown forest not fully a mile from Eredge the Lord Aburgennies house and commeth to Beyham to Lamberhirst streete and to a place in Scotney ground called litle Sussex where it méeteth with a small brooke called Beaul that springeth at Tishirst thrée miles of and giueth the name to Beauldbridge from whence they ioyne in iourney to Horsmondon and Merden and there mingling with the third they runne altogether to Yalding The third Brooke taketh beginning aboute Greate Charte and descendeth to Hedcorne Stilebridge and Merden The fourthe and last breaketh out of the ground at Lineham washeth the Castle of Ledes a litle from whence it receaueth the small water of Holingburne in a companie of the same passeth toward Maidstone At whiche place as I thinke the name of Medwey first beginneth the rather bycause it hathe there receaued all his helpes and crossing the Shyre as it were in the midst laboureth from thence in one entier Chanel to finde out the Sea. For otherwise the Riuer it selfe is properly called Egle or Eyle of whiche bothe the Towne of Ailesford and the Castle of Alington or rather Eylington doe take their names If I faile in this deriuation the fault for the firste part is his that made the Chart of this Shyre then the follie is mine that followe him but the trueth notwithstanding is easily to be found out by any man that wil make inuestigation and examine it and our trespasse also herein more veniall for that we go not about to shadowe it Piccendene Hothe commonly but aunciently written Pinenden of Pinian to punishe and so it soundeth the place of Execution or punishment RObert the Duke of Normandie had issue by a Concubine whose name as the Annales of S. Augustine reporte was Harlothe and after whom as I coniecture suche incontinent women haue euer since béen called Harlots thrée Sonnes that is to say William that afterward subdued this Realm Robert that was created Earle of Moretone and Odo that was first consecrated Bishop of Baieux then Earle of Kent and lastly Lieutenaunt or Vicegerent of this whole Realme vnder William his Brother Robert was reputed a man of small courage wisedome and learning and therefore passed his time in gloriously But Odo was found to be of nature so busie gréedie and ambitious that he moued many Tragedies within this Realme and was in the end throwen from the Stage and driuen into Normandie as hereafter in fitte place shal be more amply declared In the meane while for this present place and purpose I finde that during his aboade in Kent he had so incroched vpon the landes and Priuileges of the Archebishopricke of Canterbury and Bishopricke of Rochester that Lanfranc being promoted to that Sée of dignitie and finding the want complained to the King and obteined that with his good pleasure they might make triall of their right with him To the which end also the same King gaue commission to Goisfrid then Bishop of Constance in Normandie to represent his owne person for hearing of the controuersie caused Egelric the Bishop of Chichester an aged man singularly commended for skill in the Lawes and Customes of the Realme to be brought thether in a Wagon for his assistance in Counsell commaunded Haymo the Sheriffe of Kent to summon the whole Countie to giue in euidence and charged Odo his brother to be present at suche time and place as should be notified vnto him Pinnendene Heathe lying almost in the midst of the Shyre and therefore very indifferent for the assembly of the whole Countie was the appointed place and therevnto not onely the whole number of the moste expert men of this Shyre but of sundrie other Countries also came in great frequencie and spent thrée whole dayes in debate of these Bishops controuersies concluding in the end that Lanfranc and the Bishop of Rochester should be restored to the possession of Detling Stoce Preston Danitune and sundry other landes that Odo had withholden And that neyther the Earle of Kent nor the King him selfe had right to claime any thing in any the lands of the Archebishop sauing only these thrée customes whiche concerne the Kings highe waies that leade from one citie to an other that is to say That if any of the Archebishops tenaunts should digge in suche a highe way or fell a trée crosse the same to the hinderaunce of common passage and be taken with the manner or conuinced thereof by Lawe hee should make amendes to the King therefore And likewise when hee did committe bloudsheade manslaughter or any other criminall offence in suche were deprehended doing the fault that the amēds therof belonged to the King also but in this latter case if he were not taken with the manner but departed without pledge taken of him that then the trial and the amends perteined to the Archebishop him self and that the King had not to medle therewith On the otherside also they agréed that the Archebishop had many Priuileges throughout all the Landes of the King and of the Earle as namely the amerciament of bloudshed from suche time as they ceasse to say Alleluia in the Churche seruice till the Octaues of Easter the whiche howe long it is let them sée whiche can turne the Pie and the Portuse and at the least the one half of euerie amerciamēt due for the vnlawfull begetting of children commonly called CySƿite whiche last thing I do the rather note to the end that it may appeare that in those dayes the Bishops had not wholy gotten into their hands the correction of adulterie and fornication whiche of latter times
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
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
to haue lien in the hart of England both bycause it séemeth likely that the common place of méeting should be most fitly appointed in the midst of the Realme and for that it is manifest by the hystorie that it was in the domini of the King of Mercia whiche I feare not to call midle England But for as much as I once read a note made by one Talbot a Prebendarie of Norwiche and a diligent trauayler in the Englishe hystorie vpon the margine of an auncient written copie of William Malmsburies booke De Pontificibus in whiche he expounded Clouesho to be Cliffe at Hoo neare Rochester and for that I doe not finde the expresse name Cloueshoo in all the catalogue of that precinct whiche was sometime the kingdome of Mercia although there be diuers places therin that beare the name of Cliffe as wel as this I am contented to subscribe to Talbots opinioÌ„ but with this protestation that if at any time hereafter I finde a better I will be no longer bounde to followe him And thus haue I now visited the places of chief note that lye in the skirtes of the Diocese whervnto if I had added a fewe other that be within the body of the same I would no lesse gladly then I must necessarily finishe and close vp this winters trauayle Swanscombe called in Saxon Spegenscomb that is the camp of Sweyn the Dane that encamped at Grenehithe hard by AS the whole Shyre of Kent oweth to Swanscomb euerlasting name for the fruition of her auncient franchises obtained there So I for the more honourable memorie of the place can gladly afoord it roome both at the beginning and towarde the ende of my labour The matter for the whiche it is especially renowmed is already bewrayed in the discourse of the auncient estate of this Shyre wherevnto I will referre you And at this time make note of a thing or twaine besides and so passe ouer to the residue The Manor of Swanscombe is holden of Rochester Castle and oweth seruice towarde the defence of the same being as it were one of the principall Captaines to whome that charge was of auncient time committed and hauing subiect vnto it sundry Knightes fees as petie Captaines or inferiour souldiours bound to serue vnder her banner there The Churche at Swanscombe was muche haunted in times past for Sainct Hildeferthes helpe a Bishop by coniecture of his picture yet standing in the vpper windowe of the Southe I le although his name is not read in all the Catalogue of the Sarons to whom suche as were distracted ranne for restitution of their wits as thicke as men were wont to sayle to Anticyra for Hellâ—borus This cure was perfourmed by warmth close kéepeing and good diet meanes not onely not straunge or miraculous but méere naturall ordinarie and resonable And therefore as one the one side they might truely be thought mad men and altered in their wits that frequented this pylgrymage for any opinion of extraordinarie woorking So on the other side S. Hildeferth of all the Saintes that I knowe might best be spared séeing we haue the keper of Bethleem who ceaseth not euen tyll this day to woorke mightely in the same kinde of Myracle ¶ Mepham aunciently written MeapaHam SImon Mepham the Archebishop that performed the solemnities at the inauguration of King Edward the third had both his name natiuity of this towne although Polydore Virgil hath no mencion of the man at all in his hystorie or catalogue of Archebishops either not finding or forgetting that euer there was any suche It is probable also that the same Bishop built the church at Mepham for the vse of the poore which William Courtney one of his Successours repaired fowre score yeares after and annexed therunto fowre new houses for the same ende and purpose Besides these notes it hath chaunced mée to sée an antiquitie of Mepham whiche both for the profite and pleasure that I conceiued therof I think méete to insert thoughe happely some other man may say that I doe therein and in many others also nothinge els but Antiquiora Diphtera loqui Neuerthelesse to the ende that it may appeare what the auncient forme and phrase of a Testament was how the Husbande and the wife ioyned in making their Testamentes how landes were deuisable by testament in olde time by what wordes estates of inheritaunce were wont to be created how the Lordes consent was thought requisite to the testament of the tenaunt and how it was procured by a guift of Heriot which as Bracton sayeth was done at the first Magis de gratia quam de iure Furthermore that you may sée how this Towne of Mepham and sundry others came at the first to Christes church Saint Augustines and Rochester and finally that you may know as well what aduauncement to Gentrie was then in vse as also what weapons iewels and ornaments were at that time worne and occupied I wyll set before your eye the last will and testament of one Byrhtric and his wife which was a man of great wealth and possessions within this Shire and had his abideing at Mepham more then sixe hundreth yeares agoe Ãis This is is ByrHtrices Birtricks and and AelfsÆ¿yðe Elfswithes His his Æ¿ifes wyues niHsta last cÆ¿ide þe Hi cÆ¿aedon on MeapaHam on Heora maga testament declaration whiche they declared at Mepham in their kinsfolks geÆ¿itnesse hearing witnesse ê§ Æ¿aes Æ¿ulfstan Vcca that was Wulstan Vcca and and Æ¿ulfsie Wulfsie His his broðor brother and and sired Syred Aelfrides Elfrides suna sonne and and Æ¿ulfsie Wulfsie se the blaca blacke and and Æ¿ine wyne preost the priest and and Aelfgar Elsgar on of MeapaHam Mepham and and Æ¿ulfeH Wulfey ordeges Ordeys suna sonne and and AelfeH Elfey His his broðor brother and and byrHtÆ¿ara Birtwar Aelfrices laf Elfrices widowe and and bryHtric Britric Hise maeg her cousine and Aelfstan bisceop Elfstane the Bishop Aerest His cyne Hlaford aenne First to his naturall Lord beaH on HundeaHtotigan one bracelet of foure score mancysen Markes of goldes golde and and ane one Handsecs hatchet dagger handknife of on as eal sÆ¿a miclan muche and and feoÆ¿er Horse and foure horses tÆ¿a geraedede two of them trapped and and tÆ¿a two sÆ¿rd swordes gefetelsode trimmed and and tÆ¿egen two Hafocas hawkes and and ealle all His his Heador Hundas houndes hedgehoundes And þaere And to the Lords wife Hlaefdian Ladie aenne one beaH bracelet on of þrittigan thirtie mancusan markes of goldes golde and and aenne one stedan horse stede palfrey to to forespraece intreate ê§ se cÆ¿yde standan moste that this testament stande maye And And for for His his saÆ¿le soule and and His his yldrena elders auncestors into Sct. Andree to Sainct Androes Rochester tÆ¿a two sulung plowland aet at denetune Dentun And Hio for Hire saÆ¿le and Hyre yldrena And they bothe for their soules and their elders tÆ¿a aet langafelda two at Longfield ploughlande And And þider in
the thinges that I had to remember in Eltham And to make an end of all these be the places whereof I ment to make note in this my Xenagogie and perambulation of Kent the first and only Shyre that I haue described wherin although I haue not spoken of sundrie Towns not inferiour at this present in estimation to a greate many that I haue handled and happely equall with them in antiquitie also yet I think I haue neither pretermitted many that be much worthie of obseruation nor scarcely omitted any that be mentioned in such bookes of Hystorie as be easily to be had and obteined but as for the Feodaries and Tenures of land Genealogies Armes of men Ebbes Floudes Tides of the Sea and Riuers Flattes Barres Hauens such other things although somewhat might haue béen seuerally said concerning eache of them yet haue I wittingly and without touche lept ouer them all Partly for the incertentie partly that I scatter not any séede of dissention and enuie and partely least whilste by disclosing secretes I labour to serue the curiositie of some fewe I either offend many of the sadder sort or deserue euill of the whole estate Nowe therfore I will deliuer you and rest me wishing that some other man of greater profite in reading deapth in iudgement and dexteritie in penning would take in hand to amend the description of this and to adde the residue For as I at the first assayd it to proue my self to prouoke some and to pleasure and profite others So hauing nowe atchieued it according to my slender skill if any man shall like to take this my base metall drawne out of a fewe Sowze into many Sheetes as you sée shall hammar it to some further and finer fashion I wil not only not enuie it but most hartely thanke him and gratulate to our Countrie that so good a tourne benefite And as touching the description of the rest of the Realme knowing by the dealing in this one that it wil be harde for any one man and muche more for my selfe to accomplishe all I can but wishe in like sorte that some one in eache Shyre would make the enterprise for his owne Countrie to the end that by ioyning our pennes and conferring our labours as it were Ex symbolo wée may at the last by the vnion of many parts and papers compact a whole and perfect bodie and Booke of our English antiquities The Customes of Kent ALthough good order would haue borne the rehersall of the Auncient Customes of this Shyre in that generall discourse whiche we had in the beginning as touching the estate of this whole Countie the rather for that it was there shewed by what meanes and policie they were conserued yet least the recitall of the same being of themselues large and manyfolde might haue béene thought too great a Parenthesis or rather an interruption of the Hystorie wherein we were as then but newly entred I thought it better to reserue them for this place to the end that bothe the one and the other might appeare without breache or confusion These Customes therefore being for the most part discrepant from the common lawes of our Realme and annexed to suche landes within this Shyre as beare the name of Gauelkinde are commonly called Gauelkinde Customes for that they preuaile and haue place in landes of Gauelkinde nature In whiche respect it shall not be amisse to shewe for what reason those landes were at the first so termed and why they do yet hitherto continue the name Two coniectures I haue of the reason of this name the one grounded vpon the nature of the discent and inheritance of these landes themselues the other founded vpon the manner of the duetie and seruices that they yeald bothe whiche I will not sticke to recite and yet leaue to eache man frée choice to receaue either or to refuse bothe as it shall best lyke him I gather by Cornelius Tacitus and others that the auncient Germans whose ofspring we be suffred their landes to descend not to the Eldest Sonne alone but to the whole number of their male Children I finde in the 75. Chap. of Canutus law a King of this Realme before the Conquest that after the death of the father his heires shoulde diuide bothe his goods and his landes amongst them Nowe for as muche as all the nexte of the kinred did this inherite together I coniecture that therfore the land was called eyther Gauelkyn in meaning Giueall kyn bycause it was giuen to all the nexte in one line of kinred or Giue all kynd that is to all the male children for kynd in Dutche signifieth yet a male childe Besides this the Welshmen also who but now lately lost this custome doe in their language call this discent Gwele and in their Latine Recordes Lectus progenies gauella of their owne worde Gefeilled whiche signifieth Twyns or suche as be borne together bicause they doe all inherite together and make as it were but one heire and not many And here by the way I cannot omit to shew that they of this our Kentish cuntrey do yet cal their partition of land shifting euen by the very same worde that the lawe of Canutus many yeares since termed it namely Scyftan in Latine Herciscere that is to shift depart or diuide lande My other coniecture is raysed vpon the consideration of the rent and seruices going out of these landes for it is wel knowne that as Knights seruice lande required the presence of the tenant in warfare and battaile abroad So this lande being of Socage tenure cōmaunded his attendance at the ploughe and other the Lordes affaires of husbandry at home the one by manhoode defending his Lords life and person the other by industrie mainteining with rent corne and victuall his estate and familie This rent and customarie payment of works the Saxons called gafol and therof as I think they named the lande that yealded it gafolette or gafolcynd that is to saye lande Letten for rent or of the kinde to yealde rent In this sense I am sure that the rents customes and seruices whiche the tenantes of London pay to their land lords were wont and yet are to be recouered by a writ thereof called Gauellet as by an auncient statute made in the tenthe yeare of King Edward the second intituled Statutum de Gaueleto in London and by dayly experience there it may well appeare Thus much then as concerning the Etymon of this word Gauelkind being said let vs procéed further It hath already appeared how the Kentishmen immediatly after the Conquest obteined the continuation of their customes and it is very manyfest by auncient writers that the same for the more part haue bene in vre and exercise euer since For omitting that which Thomas Spot hath written concerning the same matter for as much as it is already recited at large Glanuile a learned man that flourished in the reigne of king Henrie the second in his
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
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
at the Sea. The College The value of the Religious houses in this Shyre The Citie when it began The olde Schole at Canterbury The decay of Canterbury and other places Continuall contention betweene the two great houses in Canterbury Christes-Churche in Canterbury Thomas Becket the Archbishop his hystorie Saint Augustines The deade in old time were buried out of the Cities Popishe braules S. Maries in Canterbury The Saints and Reliques at CaÌ„terbury S. August Thomas Becket had two heads S. Gregories in Canterbury S. Laurenceâ— Hospitall S Iames Hospitall S. Sepulchers White friars S. Mildredâ— The Bishops Palaice S. Martines was a Bishops See. S. Sepulchres by CaÌ„terbury The Monkes coÌ„tend with the Archbishop and do preuaile The vanitie of Man and the subtilty of the Deuill be the cause of Idolatrie Saint Thomas Beckets Relique The olde manner of nameing men Maude the Empresse true Heire to the Crowne Bartholmew Badelesmere Thomas Colpeper The Pryory at Leeds By what meanes the Archebishops chair came to 〈…〉 The Deanrie of shorâ—ham A Popishe myracle Monkes contend for the electioÌ„ of the Bishop SaÌ„int Cuthbertes feast why holdeÌ„ double Bishops Sees are translated from Villages to Cities The Catalogue of Rochester Bishops The Harborowe of the Nauie Royall The benefites that God hathe giuen this Realme in the Reigne oâ— Queene Elizabeth A barbarous crueltie executed vpon Straungers Excessiue drinking and how it came into England Great troupes of seruing men came in with the Normanes The cause of the Conquest of Enlande Harold the King. The vncurtesie of the English natioÌ„ toward straungers Busyris was a tirant that sacrificed straungers and was therefore slaine by Hercules Our Lady the Rode of ChethaÌ„ Gillingham Horsted borne in Ailesford Hengist Horsa two famous Capitaines A religious Skirmish betwene the Monkes of Rochester and the Brethren of Stroude Friendsbury clubbes Eslingham Appropriations of benefices The Citie The Castle S. Andrews Church in Rochester Priests had wiues in England of olde time Saint William of Rochester Saint Bartholmewes Hospitall Rochester Bridge both the olde the newe Syr Robert Knolles a valiant Capitaine The Hospitall The beginning of this scoffing by word Kentishe tailes Angle Queene Many kinges at once in Kent The olde manner of Signing Sealing of deedes Fernham The Danes compelled to take the Thamise The Danes are chased from Otforde Earle Edrie an infamus traytour A noble example of Kinge Edmunde Ironside The names of Townes ending in ing The Abbay The Solaces of Solâ— life The Castle The Cleargie was law lesse The Pryorie at Tun-Bridge The Low the of Tunbridge 42. H. 3. The Archebishop hath an Earle to his Butler The Rooâ—â— of Asherst was a growing Idole The masters of the nauie Royal. Alphey the Archbishop was cruelly slaine A popish minde 32. Shyres in England Great suÌ„mâ— of money paied to the Danes The Priorie of Shene The frierie The Palaice The rebellion of Iack Straw The rebellion of Iack Cade The rebellion of the black smith Lord Richard Lucy The ancient manner of the triall of right to Landes Wager of Lawe Hengist Horsa The beginning of the Kentishe Kingdome Orpenton the course of Cray water Mesopotamia signifieth a couÌ„try encompassed with riuers Rochester castle beseiged Princes may wooe by picture and marye by proctor The Abbay The old maner of Tourneament The occasion of Iacke Strawes his rebellion The courâ—â— of the riuer of Derent The name of Portreue whereof it commeth The name of Sherife London had a Portreue The office of a Reue. A learned age in which priestes had more latine theÌ„ english and yet almost no latine at all The order of this description The Manour The church of S. Hildeferthe The auncient forme of a Testament The auncient estate of a Gentleman and by what meanes gentle was obteyned in the olde time The degres of Freemen Earl Thein and Churle Alderman ShiremaÌ„ c were names of offices Wisdom is more profitable when it is ioyned with riches Merchandize and Husbandrie 1. The worship of many Gods. Saint Edith and her offering The olde newe Romanes agre in many points of religion S. Thomas Beckets spiteful miracles S. Bartilmew of Otford and his offering The Palaice at Otford Cardinall Morton Erasmus doth misreporte the cause of the contention between the King and Thomas Becket The Manor of WinghaÌ„ Reigate Castle in Surrey The Schole and Almes house The Town The name Gauelkind wherof it arose To shift laÌ„d is an olde terme The antiquitie of Gauelkind custome The diuisioÌ„ of this discourse What lands be of Gauel kind nature Some Knight fee is Gauelkinde Auncient Knight fee is not of the nature of Gauelkynd The change of Gauelkind tenure is no chaÌ„ge of the nature of Gauelkind A contrarie vsage changeth not the nature of Gauelkinde HeaHbeorg in Saxon is a high defence and the customs of NormaÌ„die that cal fieâ—e or fee de Haubert whiche oweth to defend the laÌ„d by full armes that is by horse haubert target sword or helme and it consisteth of 300. acres of land which is the same as I suppose that we called a whole Knights fee * The custome of Gauelkind is vniuersall in Kent The reason of Gauelkinde Custome What thinges shal ensue the nature of the land Rent Remainder Voucher Condition Attaint and Error No battail nor graund Assise in gauelkinde Forfaiture in Felonie Cessauit in Gauelkind Tenant by the Courtesie Tenant in Dâ—wer The difference betweene coÌ„mon Lawe and Custome therin Dower of chattels Partition of chattels Partition of chattels London Partition of Gauelkinde lands Astrâ— what it meaneth Gardein after the cusâ—ome Sale is at 15. yearâ—â— Sale good at 15. yeares No villains in Kent Apparance Câ—men Chase and driue out Attaint Chaunging of wayes Goppies These wordes betweene the starres were taken out of an other olde copie Free men Esechator Giue and sell landes without licence Plede by writte or pleinte Appeare by Borsholder No eschete for felonie but of goods only Dower of the one half Flying for felony causeth forfeiture Partition amoÌ„gst the heirs males The Astre Curt in other copies One suite for all the parceners Partition of goods Custodie of the heire in Gauelkind Sale at xv yeres of age Dower of the one half Forfaiture of Dower Tenant by the courtesie of the one halfe The discent of Gauelkind changed Forfaiture by Ceslauit or Gâ—uelate No oathe but for fealtie Essoignes No battail nor graunâ— assise in Guelkinde landes A Table conteining the principall places and matters handeled in this Booke A Angles or Englishmen Page 2 Archebishopricke of Canterbury Page 62 Archebishops contend for the primacie Page 65 Archebishops all named Page 70 Armour Page 112. 211. Apledore Page 146. 162 Aile or Eile a Riuer Page 177. Correction of adulterie Page 180. Appropriations Page 292 Ailesforde Page 321. Asheherst Page 333. Adington Page 258. Aldington Page 149. B Brytones or Welshmen Page 1. 12. Borsholder what he is Page 22 Bridges of stone Page