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
Norton Wilmus de Sutton For such as we call nowe Iohn Norton and William Sutton and amongst the Gentlemen of Chesshyre euen to this day one is called after their maner Thomas a Bruerton another Iohn a Holcrost and suche like for Thomas Bruerton Iohn Holcrost c. as we here vse it Thus muche shortly of mine owne fantasie I thought not vnmeete to impart by occasion of the name of Norwood and now forward to my purpose againe Leedes in Latine of some Lodanum of others Ledanum Castrum RObert Creuequer was one of the eight that Iohn Fynes elected for his assistance in the defence of Douer Castle as we haue already shewed who taking for that cause the Manor of Leedes and vndertaking to finde fiue Warders therefore builded this Castle or at the least an other that stoode in the place For I haue read that Edward thē Prince of Wales and afterward the first King of that name being Wardein of the Fiue Portes and Constable of Douer in the life of Henrie the third his Father caused Henrie Cobham whose ministerie he vsed as substitute in bothe those offices to race the Castle that Robert Creuequer had erected bicause Creuequer that was then owner of it Heire to Robert was of the number of the Nobles that moued and mainteined warre against him Whiche whether it be true or no I will not affirme but yet I thinke it very likely bothe bicause Badlesmere a man of another name became Lord of Leedes shortly after as you shall anone sée and also for that the present woorke at Leedes pretendeth not the antiquitie of so many yeares as are passed since the age of the conquest But let vs leaue the building and goe in hand with the storie King Henrie the first hauing none other issue of his bodie then Maude first married to Henrie the Emperour whereof she was called the Empresse and after coupled to Geffray Plantaginet the Earle of Angeow fearing as it happened in déed that after his death trouble might arise in the Realme about the inheritance of the Crowne bycause she was by habitation a straunger and farre of so that she might want bothe force and friends to atchieue her right And for that also Stephan the Earle of Boloine his sisters sonne was then of greate estimation amongst the noble men and abiding within the Realme so that with great aduauntage he might offer her wrong he procured in full Parleament the assent of his Lordes and Commons that Maude and her heires shoulde succéede in the kingdome after him And to the ende that this limitation of his might be the more surely established he tooke the fidelitie and promise by othe bothe of his Clergie and Laytie and of the Earle of Boloine him selfe Howbeit immediatly after his decease Stephan being of the opinion that Si ius violandum est certe regnandi causa violandum est If breache of lawes a man shall vndertake He must them boldly break for kingdomes sake Inuaded the Crowne and by the aduice of William the Archebishop of Canterbury who had first of al giuen his fayth to Maude by the fauour of the common people whiche adheared vnto him and by the consent of the holy father of Rome whose will neuer wanteth to the furtheraunce of mischiefe he obtained it whiche neuerthelesse as William of Newborowe well noteth being gotten by patterne he held not past two yeres in peace but spent the residue of his whole reigne in dissention warre and bloudshed to the great offence of God the manifest iniurie of his owne cousine and the grieuous vexation of this countrie and people For soone after the beginning of his reigne sundry of the Noble men partely vpon remorse of their former promise made and partly for displeasure conceiued bycause he kepte not the othe taken at his Coronation made defection to Maude so soone as euer she made her challenge to the Crowne So that in the end after many calamities what by her owne power and their assistaunce she compelled him to fall to composition with her as in the storie at large it may be séene Nowe during those his troubles amongst other things that muche annoyed him and furthered the part of Maude his aduersarie it was vpon a time sounded by his euil willers in the eares of the cōmon sort that he was dead And therewithall soudenly diuers great men of her deuotion betooke them to their strong holdes and some others seised some of the Kings owne Castles to the behalfe of the Empresse Of whiche number was Robert the Earle of Gloucester and bastarde brother to Maude who entred this Castle of Leedes mynding to haue kept it But King Stephan vsed against him suche force and celeritie that he soone wrested it out of his fingers King Edwarde the seconde that for the loue of the two Spensers incurred the hatred of his wife and Nobilitie gaue this Castle in exchaunge for other landes to Bartilmew Badelesmere then Lorde Stewarde of his housholde and to his heires for euer who shortly after entering into that troublesome action in whiche Thomas the Duke of Lancaster with his complices maugre the King exiled the Spensers bothe loste the Kings fauour this Castle and his life also For whilste he was abroade in ayde of the Barons and had committed the custodie thereof to Thomas Colpeper and left not onely his chiefe treasure in money but also his wife and children within it for their securitie It chaunced that Isabell the Kings wife mynding a Pilgrimage towards Cāterbury and being ouertakē with might sent her Marshal to prepare for her lodging ther. But her officer was proudly denyed by the Captaine who sticked not to tell him that neyther the Quéene ne any other shoulde be lodged there without the commandement of his Lord the owner The Queene not thus aunswered came to the gate in person and required to be let in But the Captain most malepertly repulsed her also in so much that shee complained greauously to the king of the misdemenour and he forthwith leuied a power and personally sumoned and besieged the peice so straightly that in the end through want of rescue and victuall it was deliuered him Then tooke he Capitaine Colpeper and houng him vp The wife and children of the Lord Badelesmere he sent to the Towre of London The treasure and munition he seised to his owne vse and the Castle he committed to such as liked him But as the last acte of a Tragedie is alwayes more heauie sorowful thē the rest so calamitie woe increasing vpō him Badelesmere him self was the yere folowing in the company of the Duke of Lancaster and others discomfited at Borowbrig by the Kings armie and shortly after sent to Canterbury and beheaded I might here iustly take occasion to rip vp the causes of those great and tragicall troubles that grewe betwene this King his Nobilitie for Peter Gaueston these two Spensers the rather for that the common sort of
so vsed the matter that he obteined iudgemēt for his part but he for all that neuer had execution by reasō that he died in his returne toward home yet you may here sée by the way that in those dayes there was no Lawe in England to rule the proude Prelacie withall no not so muche as in things méere Lay and temporall To be short the same King Hērie not long before the battel at Lewes in Sussex burned the Citie of Rochester and tooke this Castle by a soudaine surprise wherein he found amongst other the Countesse of Gloucester But it was not long before he stored the Castle with men of warre and restored the Ladie to her former libertie There was somtime neare to this Castle a Pryorie whereof the Earles of Gloucester and their Heires were reputed the first Authors and Patrones And in our memorie there was erected a faire Frée Schoole by the honest liberalitie of Syr Androw Iudde a Citizen and Maior of London whiche submitted the same to the order and ouersight of the company of Skinners there whereof himselfe had béene a member Round about the Towne of Tunbridge lyeth a territorie or compasse of ground commonly called the Lowy but written in the auncient Recordes and Hystories Pencata or Lenga and being in déede a French League of ground whiche as I finde in the Chronicles of Normandie was allotted at the first vpon this occasion following There was in Normandie a Towne and land therevnto adioyning called Bryonnie whiche was of the auncient possession of the Dukedome and had continually remained in the handes of the Dukes there till suche time as Richard the second Duke of that name gaue it amongst other Landes to Godfrey his natural brother for his aduauncement in liuing This Godfrey enioyed it all his lyfe and left it to one Gislebert his Sonne whiche happely was Gilbert the Capitain of Tunbridge Castle of whom we had mention before who also held it so long as he liued But after the death of Gislebert Robert the Duke of Normandie and Eldest Sonne to King William the Conquerour beeing earnestly laboured to bestowe it vpon on Robert Earle Mellent whose ofspring were sometimes Earles of Leycester within this Realme seazed it into his owne hands pretending to vnite it to the Dukedome againe But when Richard the Sonne of Gislebert vnderstoode of this he put to his claime and making his title by a long continued possession euen from Godfrey his graundfather so encountred the suite of Earle Mellent that to stoppe Richards mouthe withall it was by the deuice of the Earle and by the mediation of Duke Robert which he made to his Brother William Rufus brought to passe that Richard should receaue in recompence the Town of Tunbridge in England and so much land about it as Bryonnie it selfe conteined in circuit And to the end that the indifferencie of the dealing might appeare and his full satisfaction be wrought they caused Bryonnie and the land about it to be measured with a line whiche they afterward brought ouer with them into England and applying the same to Tunbridge and the land adioyning laide him out the very like in quantitie in so much that long time after it was a common and receaued opinion in Normandie that the Leagues of Bryonnie and Tunbridge were all one in measure and compasse This together with the Towne and Castle came at the length as you haue séene to the handes of the Earles of Gloucester betwéene whome and the Archebishops of Canterbury there arose oftentimes contention bothe for the limits of this league and for the preeminence of their priuileges At the last Boniface the Archebishop next but one in succession after Richard of whome we spake before and Richard the Earle and Heire to Gilbert agréed in the reigne of King Henrie the third vpon a perambulatiō to be made betwéene them and so the strife for their boundes was brought to an end But as touching their priuileges and iurisdiction in the place it fell out by inquisition in the time of King Edward following that the Archebishop had nothing to do within the league that the Earle had returne of writtes creation of certain Officers an especiall sessions in Eire c most of whiche things the Towne hath not these many yeares enioyed But yet it was agréed after the perambulation so made betwéene Boniface and the Earle Richard that the Earle and his heires should holde the Manors of Tunbridge Vielston Horsmund Melyton and Pettys of the Archebishop and his successours by the seruice of 4. Knightes fées and to be highe Stewardes and highe Butlers to the Archebishops at the great feast of their inthronizations taking for their seruice in the Stewardship seuē competent Robes of Scarlet thirtie gallons of wyne thirtie pound of waxe for his light liuery of Hay and Oates for fourescore Horse by two nights the dishes and salt which should stand before the Archebishops in that Feast and at their departure the dyet of thrée days at the costes of the Archbishops at foure of their next Manors by the foure quarters of Kent wheresoeuer they would Ad minuendum sanguinem So that they repaired thither but with fiftie Horses only And taking also for the Office of Butlership other seuen like Robes 20 Gallons of wyne fiftie pound of waxe like liuery for thréescore Horses by two nights the cuppe wherewith the Archebishops should be serued all the emptie hogsheads of drinke and for sixe tunne of wyne so many as should be dronke vnder the barre also The Articles of whiche their composition were afterward accordingly perfourmed firste betwéene Gilbert Earle of Gloucester and Robert Winchelsey the Archebishop next betwéene the same Earle and the Archebishop Reignoldes Then betwéene Hughe Audley the Earle of Gloucester and the Archebishop Iohn Stratford After that betwéene the Earle of Stafford to whome the Lordship of Tunbridge at the length came and Simon Sudbury Archebishop in that Sée and lastly betwéene William Warham the Archebishop and Edward the late Duke of Buckingham who also executed the Stewardship in his owne person and the Butlership by his deputie Syr Thomas Burgher Knight the whole pompe and Ceremonie whereof I haue séen at greater length set forth and described then is méete for this time place to be recounted Asherst in Saxon Acsehyrst that is the Wood consisting of Ashes IN the Southwest corner of this Shyre towarde the confines of Sussex and Surrey lyeth Asherst a place now a daies so obscure for it is but a Towne of two houses that it is not worthy the visiting but yet in olde time so glorious for a Roode that it had of rare propertie that many vouchsafed to bestowe bothe their labour and money vpon it It was beaten forsooth into the heades of the common people as what thing was so absurde which the Clergie coulde not then make the world to beleeue that the Roode or Crucifix of this church did by certaine incrementes continually
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
for Hy ðrittig to the thither same place for them thirtie mancys goldes markes of golde and and aenne one sÆ¿eor collar neckbracelet beaH on of feoÆ¿ertig fourtie mancysan markes and and a ane cuppan Cuppe seolfrene of syluer and and Healfne a halfe head band couered with golde baend gyldenne bend gilden And And caelce euerie geare yeare to at Heora their gemynde mynde yeares mynde tÆ¿egra two daga feorme dayes ferme from rent corne and victuall of of HaeslHolte Haselholte and and tÆ¿egra of Æ¿oðringaberan and ij of baerlingan two dayes of from Watringbery and two dayes out of Berling and ij of HaeringeardesHam and two dayes out of Hertesham And to cristes circan And to Christes church lx 60. mancys goldes markes of golde xxx þam biscope thirtie to the Bishop Archebishop and and xxx þam Hirode thirtie to the Couent And And aenne a sÆ¿eor necke beaH bracelet collar on of lxxx 80. mancys markes and and tÆ¿a two cuppan cuppes seolfrene of syluer and and þaet the land aet land at MeapaHam Mepham And And to to Sct. Sainct Augustine Augustine xxx 30. mancys markes goldes of golde and and ij two cuppan cuppes seolfrene of syluer and and Healfne halfe a baend bend gyldene gilt And And þaet the land land aet at derentan Darnt byrHÆ¿ara to Byrware His for daeg his life dayes And And aefter after Hire his daege dayes into to Sct. Sainct Andree Androes for for unc vs and and uncre our yldran elders auncetors And And barlâ—ngas Berling to Æ¿ulfeHe Wulfee and and He he selle .x. shall giue a Hund peninga thousand pence into Sct. to Sainct Andree Androes for for unc vs and and uncre our yldran elders And And Æ¿ulfsie to Wulfsie Æ¿oðringabiras Wateringbyrye innon within ê§ that gecynde kinred And And syrede HeselHolt innon ê§ gecende to Syred Haselholt within that And Æ¿ulfege and Aelfege And to Wulfei and Elfey His his breðer brother HerigeardesHam Hartesham innon within ê§ that gecynde kinred to to Æ¿ulfege Wulfee ê§ the inland inland demeanes and and Aelfege to Elfey ê§ Ã»tland the outland tenancie And And Æ¿ulfstane to Wulfstane uccan Vcca Æ¿olcnestede Walkenstede innon within ê§ that gecynd kinred And And an a Hanðsecs hatchet dagger on of ðrym three pundan pounds And þa tyn Hyda on Straettune And those ten plowlands at Streiton into to þaem the mynstre mynster church to at Æ¿olcnestede Walkenstede And ê§ land aet fealcanHam And the land at Falcham aftre after byrHÆ¿ara Byrwares daege dayes into to Sct. Sainct Angree Androes for for Aelfric Elfrices Hire soule Hlaford their Lord and His yldran and his auncetors sÆ¿a euen Heora as their cÆ¿ide will Æ¿aes was And And bromleaH Brumley aeftre after briHtÆ¿ara Britwares daege into dayes to life Sct. Sainct Andree Androes sÆ¿a as Aelfric Elfric Hyre their Hlaford Lorde it Hit becÆ¿aeð bequeathed for for Hine him and and His yldran his elders auncetors And And Snodingeland Snodland eac also into to S. Andree aeftre Hire daege sÆ¿a Aelfere Hit becÆ¿aeð Sainct Androes after their dayes euen as Elfere it bequethed Aelfrices faeder and He seoðan on geÆ¿itnesse Eadgife being Elfrices father and he afterward in the witnesse hearing presence of Edgiue ðaere the Hlaefdian Ladie and and Odan of Odo Aercebisceopes the Archebishop and and Aelfeges of Elfey Aelfstanes Elfstanes sunu sonne and and Aelfrices of Elfric His his broðor brother and and Aelfnoþes pilian of Elfnothe pilia and godÆ¿ines aet faecHam and of Godwine of Facham and and of Eadrices Eadric aet of Ho. Hoo and and Aelfsies of Elfsie the preostes priest on of Crogdaene Croyden And And Æ¿ulfstane to Wulfstane lx 60. mancas markes goldes of gold to to daelanne deale for for unc vs and and uncre our yldran and elders and oðer other sÆ¿ile suche 60. mâ—rkes Æ¿ulfsige to Wulfsie to to daelanne deale betweene God and them be it and and Haebban haue Heom they Æ¿ið with god God gemaene together gif if Hy they Hit it ne do don not And And Æ¿ulfsige tydices eg to Wulfsie Titaesey and and ðam boc the writing innon within ê§ that gecynde kindred ij spuran on iij pundaÌ„ And ic bidde and two spurres of three pound And I pray for for godes Gods lufan loue minne my deere leofan leefe Hlaford ê§ He ne Lorde that he doe not þafige suffer ê§ aenig man uncerne cÆ¿ide aÆ¿ende that any man our testament doe breake turne aside And And ic I bidde praye ealle all godes Gods freond friendes ê§ Hi Æ¿Hrto filstan that they thereto helpe Haebbe Æ¿ið god gaemaene Æ¿e Hit brece god Haue they it with God together Betweene them and God be it that it do breake and God sy Him symle milde þe Hit Healdan be to them alwayes mylde mercifull that it holde keepe Æ¿ille will. It shall suffice for the moste parte of the matters worthy obseruation in this Testament that I haue already poynted at them with the finger as it were for that they appeare and shew themselues manifestly at the firste sight Onely therefore touching the estate and degree of this Testator I wyll for the more light and discouery thereof borrow a few wordes of you He himself here calleth Aelfric his Lord natural Lord saieth further that Aelfere was Father to this Aelfric Now what Aelfere Aelfric were it is not hard to finde for all our auncient Hystorians tell vs that in the dayes of King Edgar of King Edward the Martyr of King Ethelred these men were by birth cousines of the bloud royall by state Eorles which word we yet reteine in English and which we commonly cal Comites in Latine for that at the first they were parteners and companions as I may say with the King in takeing the profits of the Shyre or Countie that they were also by dignitie Ealdormen that is Senators and Gouernours of all Mercia or midle England And finally that they were of such great power and credit that Alfer the Father immediatly after the death of King Edgar restored al such priests thorowout midle England to their houses as the King by aduice of Dunstane the Monke had in his lyfe expulsed for the placeing of his Monks And that Aelfric the sonne resisted king Ethelred in that siege of Rochester whereof you heard when we were there For as much therefore as Aelfric was Hlaford or Lorde to our Testator and that Hlaford and Ãegn that is to say Lorde and Seruiteur be woordes of relation I gather that he was Ãegn which signifieth properly a Minister or frée Seruiteur to the Kinge or some great personage but vsually at those times taken for the verie same that we call now of the Latine woord Gentilis a Gentleman that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a man wel borne or of a good stock and familie Neither doth it detract any thing from his Gentrie at al that I said he was a Minister or Seruiteur For I meane not thereby that he was Seruus whiche woord straightly
the one happened amongst the Saxons them selues contending for glory and supreame souereigntie The other betwéen the Danes Saxons striuing for lands liues and libertie In the first Offa the King of Mercia hauing already ioyned to his dominion the moste part of Westsex and Northumberland and séeking to haue added Kent also preuailed againste the inhabitants of this countrey not without great slaughter of his owne subiects and after the victorie he transferred as it were in triumphe the Archebishops Chaire into his owne kingdome as you heard in the beginning In the other fight King Edmund surnamed for his great strength Ironside obtained against King Canutus the Dane a most honourable victorie and pursue â–ª him flying toward Shepey vntil he came to Ailesford committing vpon the Danes suche slaughter and bloudie hauocke that if Edric the traytour had not by fraâ—dulent counsel withholden him as we haue before declared he had that day made an ende of their whole armie These be the written antiquities that I finde of Otford whiche happely some men will estéeme lesse then the vnwritten vanities of Thomas Becket sometime owner of the place And therfore least any should complaine of wrong you shall heare what they be also It was long since fancied and is yet of two many beléeued that while Thomas Becket lay at the olde house at Otford whiche of long time belonged to the Archebishops and whereof the hall and chapell onely do now remaine and sawe that it wanted a fit spring to water it that he strake his staffe into the drye grounde in a place thereof nowe called Sainct Thomas Well and that immediately water appeared the whiche running plentifully serueth the offices of the newe house till this present day They say also that as he walked on a time in the olde Parke busie at his prayers That he was muche hindered in deuotion by the sweete note and melodie of a Nightingale that sang in a bushe besides him and that therefore in the might of his holynesse he inioyned that from thencefoorth no byrde of that kynde shoulde be so bolde as to sing there aboutes Some men report likewise that for as muche as a Smithe then dwelling in the towne had cloyed his horse He enacted by like authoritie that after that time no Smithe shoulde thriue within the Parishe Inumerable suche toyes false Priestes haue deuised and fonde people alas haue beléeued of this iolly Martyr and Pope holy man which for the vnworthynesse of the things them selues and for want of time wherewith I am streightned I neyther will nor can nowe presently recount but muste pursue the residue that pertayneth to this place For besides this Thomas there was holden in great veneration at Otford another Saint called Bartilmew the Apostle as I trowe for his feast daye was kept solemne bothe with a fayre good fare there This man serued the person as Purueyour of his poultrie was frequented by the parishioners neighbors about for a most rare singular propertie that he professed For the maner was that if any woman coÌ„ceiued with child desired to 〈…〉 foorthe a male she should offer to Saint Bartholmewe a Cocke chicken and if her wishe were to be deliuered of a female she should then present him with a Hen. This Saint was as good as Manci pera whereof the common Adage grewe and he differed not muche from the Priestes of olde Rome called Luperci For a litle of the water of the one and the dooing of a certaine Ceremonie by the other was at pleasure as able as Saint Bartholmew to make barreine women become fruitefull Assuredly through the fraude of this foxe the Countrie people as wise as capons were many yeares together robbed of their Hennes and Cockes til at the length it chaunced King HeÌ„rie the eight after exchange made with the Archebishop for this Manor of Otford to haue conferrence with some of the Towne about the enlarging of his Parke there Amongst the whiche one called Maister Robert Multon a man whome for the honest memorie of his godly zeale and vertuous life I sticke not to name detesting the abuse and espying the Prince inclined to heare vnfolded vnto him the whole packe of the idolatrie and preuailed so farre in fauour that shortly after the King commaunded Saint Bartholmewe to be taken downe and deliuered him Thus haue you heard the contention of the Saxons the ouerthrowe of the Danes the fraude of Popishe Priestes the follie of simple folkes and the fal of deceitfull idolatrie Now a fewe woordes for example of the prodigalitie of a proud Prelate and then to the residue William Warham the Archebishop minding to leaue to posteritie som glorious monumeÌ„t of his worldly wealthe and mis begotten treasure determined to haue raised a gorgious Palaice for himselfe and his successours in the Citie of Canterbury but vpon occasion of a difference that arose betwene him and the citizens for the limits of his soyle there he chaunged his former purpose and in displeasure towards them bestowed at Otford thirtie three thousand pounds vpon the house that is now to be séene notwithstanding that him self and Cardinall Morton his immediate predecessour had not long before liberally builded at Knolle a house litle more than two myles from it For that house also so called of the situation whiche is vpon the knap or Knoll of a hill had Cardinall Morton in his time purchased of the Lorde Saye and appropriated to the Sée of the Archebishopricke But nowe before I can depart from Otford I am to begge licence for a word or two more as well for the satisfaction of myne owne promise heretofore made as also for the direction of my Reader which otherwise by the countenaunce of a certeine famous and learned writer might be quight and cleane carried from me Des Erasmus taking occasion in the Preface to Frauncis the Frenche King prefixed before his Paraphrase vpon S. Markes Gospell to discourse vpoÌ„ the great troubles warres that were in his time betwene the Princes of Christendome declareth that it were a laudable labour for some maÌ„ of the Clergie eueÌ„ with the hazard of his life to become the instrument of their reconciliation And amongst other examples of times passed he bringeth in Thomas Becket who as he speaketh spared not to exercise the Euangelicall libertie meaning excommunication belike vpon the King him selfe and that for a very small matter wherein although he profited litle in his life saith he yet by his death he purchased both gaine and glorie to him self and the whole Clergie Which sayd he addeth in effect as followeth They contended saith he not for reconciling Princes one to another but the controuersie was only for a certaine withdrawing house called Otforde a place more méete for a religious mans meditation then for a Princes pleasure with the whiche sayth Erasmus I my selfe coulde not haue bene greatly in loue till such time as Willam Warham the Archbishop bestowed so
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
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