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
in setting vp of sumptuous housinge so he spared no coste in garnishing Greenewiche til he had made it a pleasant perfect and Princely Palaice Marie his eldest daughter and after Quéene of the realme was borne in this house Queene Elizabeth his other daughter our most gratious gladsom Gouernour was likewise borne in this house And his deare sonne King Edward a myracle of Princely towardnesse ended his lyfe in the same house One accident more touching this house and then an ende It hapened in the reigne of Queene Marie that the Master of a Ship passing by whilest the court lay there and meaning as the manner aad dutie is with saile and shot to honour the Princes presence vnaduisedly gaue fyre to a peice charged with a pellet in sted of a tampion the which lighting on the Palaice wallranne through one of the priuie lodginges and did no further harme ¶ Blackheathe ADioyninge to Greenewiche lyethe the plaine called of the colour of the soyle Blackheathe the which besides the burthen of the Danishe Camps whereof we spake euen now hath borne thrée seueral rebellious assemblies One in the time of Kinge Richard the second moued as it shal appeare anon in Dartford by Iack Straw whom William Walworth then Mayor of London slowe with his Dagger in Smithfielde in memorie whereof the Citie had geuen them for increase of honour a Dagger to be borne in their shield of armes Iack Cade that counterfeit Mortimer and his fellowes were leaders of the second who passing from hence to London did to death the Lord Say and others in the time of King Henrie the Sixt. These two besides other harmes that vsually accompanie the mutinic and vprore of the common and rascal sort defaced fouly the Records and monuments both of the law and Armourie The parts of Rolles remayning yet halfe brent doo witnesse the one And the Heraldes vnskill comming through the want of their olde Bookes is sufficient testimonie of the other The third insurrection was assembled by Michael Ioseph the black Smith and the Lorde Audley vnder the reigne of Kinge Henrie the Seuenth at whiche time they and their complices receaued their iust deserte the common number of them being slaine and discomfited and the leaders themselues taken drawne and hanged Of this last there remaineth yet to be séene vpon the Heathe the places of the Smithes Tente called commonly his forge And of all thrée the graue hilles of suche as were buried after the ouerthrowe These hillockes in the West Countrie where is no smal store of the like are called Barowes of the olde Englishe word BurgHer whiche signifieth Sepulchres or places of burying which word being a spring of that olde stocke we doe yet reteine aliue The first and last of these commotions were stirred of a griefe that the common people conceaued for the demaund of two subsidies of whiche the one was vnreasonable bycause it was taxed vpon the Polls and exempted none were he neuer so poore The other was vnseasonable for that it was exacted when the heades of the common people were full of Parkin Warber The third and midlemoste grewe vpon a grudge that the people tooke for yeelding vp the Duchie of Angâ—ow and Maynie to the King of Sicil The comming in of whose daughter after that the King would néedes haue her to wife notwithstanding his precontract made with the Earle of Armenac was not so ioyfully embraced by the Citizens of London vpon Blackheathe wearing their red Hoodes Badges and blewe gownes as in sequele the Marriage and whole gouernment it self was knowne to be detested of the countrie Commons by bearing in the same place Harnesse Bowes Billes and other Weapon But bicause I cannot without paine and pitie enter into the consideration of these times and matters I will discourse no farther thereof but crosse ouer the next way to Lesnes and prosequute the rest of the bounds of this Bishopricke Lesnes mistaken as I thinke for LesÆ¿es Leswes whiche signifiethe Pastures I Could easily haue beléeued that the name Lesnes had béen deriued out of the Frenche and that it had béen first imposed at the foundation of the Abbay saying that I finde the place registred in the Booke of Domesday by the very same and none other calling And therfore I am the rather led to thinke that the name is Saxon and there miswritten as many other be by reason that the Normans were the penners of that booke Lesnes for Leswes the word whiche in the Saxon tongue signifieth Pastures and is not as yet vtterly forgotten forasmuche as till this day Pastures be called Lesewes in many places This is my fantasie touching the name wherein if I fayle it forceth not greatly since the matter is no more weightie Concerning the Hystorie of the place only I finde that Richard Lucy a priuie Counselour of the State and chiefe Iustice of the Realme in the time of King Henrie the second founded an Abbay there the temporalties wherof amounted as I finde to seuen poundes sixe Shillings and eight pence But as for the extent of the whole yearely value I haue not learned it Earethe in some olde euidences Eard deriued as I gesse of Aerre Hyðe that is the olde Hauen FOr plaine example that oure Elders before the conquest had their trialles for title of land and other controuersies in each shire before a Iudge then called Alderman or Shyreman of whom there is very frequent mention in the Lawes of our auncestours the Saxons the whiche some yeares since were collected and published in one volume and for assured proofe also that in those dayes they vsed to procéede in suche causes by the oathes of many persons testifying their opinion of his credit that was the first swearer or partie after the manner of our daily experience as in the oath yet in vre and called commonly Wager of Lawe is to be séene I haue made choice of one Hystorie conteining briefly the narration of a thing done at this place by Dunstanc the Archbishop of Canterbury almost a hundreth yeares before the comming of King William the Conquerour A rich man saith the text of Rochester being owner of Cray Earithe Ainesford and Woldham and hauing none issue of his body deuised the same lands by his last wil made in the presence of Dunstane and others to a kinswoman of his owne for life the Remainder of the one halfe thereof after her death to Christes Church at Canterbury and of the other halfe to Saint Androwes of Rochester for euer he died and his wife toke one Leofsun to husband who ouerliuing her reteined the Land as his owne notwithstanding that by the fourme of the deuise his interest was determined by the deathe of his wife Herevpon complaint came to one Wulsie for that time the Scyreman or Iudge of the Countie as the same booke interpreteth it before whome bothe Dunstane the Archebishop the parties them selues sundrie other Bishops and a great multitude of the Lay people
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
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