speake of the fall you shall heare out of William Thorne one that made an appendix to the hystorie of Thomas Spot both Monkes of Saint Augustines the occasion of the first fabulous beginning of this Abbay Certain seruaunts or officers saith he of Egbright the third King of Kent after Ethelbert had done great iniurie to a noble woman called Domneua the mother of Saint Mildred in recompence of whiche wrongs the King made an Herodian othe and promised vpon his honour to giue her whatsoeuer she would aske him The woman instructed belike by some Menkishe counselour begged of him so muche ground to build an Abbay vpon as a tame déere that she nourished would runne ouer at a breathe Hereto the King had consented forthwith sauing that one Tymor a counseler of his standing by blamed him of great inconsideration for that he woulde vpon the vncertaine course of a Deare departe to his certaine losse with any part of so good a soyle but the earth sayth William Thorne immediatly opened and swalowed him aliue in memorie whereof the place till his time was called Tymor sleape Well the King and this Gentlewoman procéeded in their bargaine the Hynde was put foorth and it ranne the quantitie of fourtie and eight ploughlands before it returned And thus Domneua by the help of the King builded at Mynster within that precinct a Monasterie of Nonnes vpon suche like discretion you may be sure as Ramsey Abbay was pitched euen where a Bull by chaunce scraped with his foote and as Rome it selfe for whose fauour these follies be deuised was edified where the she Woulfe gaue Romulus and Remus sucke Ouer this Abbay Mildred of whome we spake the daughter of Meruaile that was sonne to Penda King of midle England became the Lady and Abbasse who bicause she was of noble linage and had gotten together seuentie women all whiche Theodorus the seuenth Bishop veiled for Nonnes she easily obteyned to be registred in our Englishe Kalender to be worshipped for a Saint both at Tanet while her body lay there and at S. Augustines after that it was translated And no maruell at all for if you will beléeue the authour of the worke called Noua Legenda Angliae your self wil easily vouchsafe her the honour This woman sayth he was so mightily defended with diuine power that lying in a hote ouē thrée houres together she suffered not of the flame She was also endued with suche godlyke vertue that comming out of Fraunce the very stone whereon she first stepped at Ippedsflete in this Isle receiued the impression of her foote and reteined it for euer hauing besides this propertie that whether so euer you remoued the same it woulde within short time and without helpe of mans hande returne to the former place againe And finally she was so diligently garded with Gods Angel attending vpon her that when the diuell finding her at prayers had put out the candel that was before her the Angel forthwith lighted it for her againe And this no doubte was the cause that the Religious persons of S. Augustines and of S. Gregories at Cāterbury fell at great dissention for her eche affirming that after the spoyle of Tanet her bones were remoued to their Monasterie the one clayming by King Canutus as we sayd before and the other deriuing from Archebishop Lanfranc who as they affirmed at the dotation of their house bestowed vpon it amongest other things of great price the translated reliques of Mildred and Edburgaes bodyes Howsoeuer that were they bothe made marchandize of her myracles and the Monkes of S Augustines perceiuing that by the dissolution of the Monasterie and the absence of the Saintes their towne of Minster in Tanet was falne to decay of verie conscience and for pities sake by the meane of Hughe their Abbat procured at the handes of King Henrie the first the graunt of a Market to be holden there whiche I wote not whether it inioyeth to this day or no. Thus much of the Isle and Mynster Abbay Now a worde or two touching Ippedsflete wherof I spake before and of Stonor another place within the Isle and then I will leaue Tanet and procéede in my iourney This Ippedsflete is the place wher Hengist and Hors◠the Saxon captaines came first on lande and it is of diuers Chronicles diuersly termed some calling it Ippinesflete others Heoppinesflete and others Wippedsflete These of the last sorte write that it tooke the name of one Wipped a noble man amongest the Saxons who onely was slaine on that parte when Aurel. Ambrose the leader of the Britons lost twelue of his principall chiefteins in one conflict In déede the name soundeth the place where Wipped or Ipped swymmed whiche I coulde haue agréed to be the same that is at this day called Wapflete in Essex the rather for that Ralph Higdē writeth that the Britons neuer inuaded Kent after the battayle at Craforde whiche was before this ouerthrowe that I last spake of Howbeit since the writer of our holy Legend layeth it in Tanet I am contented to subscribe In this Isle lyeth Stonor sometime a hauen towne also for in the reigne of William Rufus there arose a suite in lawe betwéene the Londoners and the Abbat of S Augustines then owner of the place as touching the right of the hauen of Stonor wherein by the fauourable aide of the Prince the Monkes as Thomas Spot their own Chronicler reporteth preuayled and the Citizens had the ouerthrowe Not long after whiche time they obteined of King Henrie the first a fayre to be holden yerely at this towne fiue dayes together before and after the feast of the translation of S. Augustine Nowe woulde I foorthwith leade you from the Isle of Tanet to the ruines of Richeborow sauing that the Goodwine is before myne eye whereof I pray you first hearken what I haue to say The Goodwine or Goodvvine Sandes THere liued in the time of King Edwarde commonly called the Confessour a noble mā named Godwine whose daughter Edgithe the same King by great instance of his nobilitie being otherwise of him selfe disposed to haue liued sole tooke vnto his wife By reason whereof not onely this Godwine him selfe being at the first but a Cowheards sonne and afterward aduaunced to honour by King Canutus whose sister by fraude he obteined to wife became of great power and authoritie within this Realme but his sonnes also being fiue in nomber were by the kings gyfte aduaunced to large liuelyhoodes and honourable possessions For Goodwine was Earle of Kent Sussex Hamshire Dorsetshire Deuonshire and Cornwal His eldest sonne Swane had Oxfordshire Barkeshire Gloucestershire Herefordshire and Somerset Harold helde Essex Norfolk Suffolke Cambridgeshire Huntingdonshire Tosti had Northumberland And Gurte Leoswine possessed other places c. But as it is hard in great prosperitie to kéepe due temperance for Superbia est vitium rebus solenne secundis So this man and his sonnes being puffed vp with the pryde 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
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
distrust the infallible Scriptures of God concerning the creation and propagation of mankynde and to trust the wretched vanitie of opinion that the Gentiles had and namely the Atheniens who the better to aduance their antiquitie were wont to vaunt That they only forsooth of al the Grecians were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say Satiui indigenae terrae parentis The very natural seeds stocks ymps springing out of their good mother the same earth where they dwelt and not brought from elswhere We reade likewise in the same book of Moses that the Iles of the Gentiles were diuided into their Kingdoms and nations by suche as descended of the children of Iapheth wherevpon as the Italians in their histories deriue themselues from Gomer the first sonne of Iapheth the Spaniardes from Tubal his fifte Sonne and the Germanes from Thuysco whom as they say Moses calleth Ascenas the eldest sonne of Gomer Euen so the late learned and yet best trauayled in the histories of our countrey reiecting the fonde dreames of doting Monkes and fabling Frears do collect out of Herodotus Berosus and others the most graue and auncient authors that one Samothes the sixth sonne of Iapheth whome Caesar in his commentaries calleth Dis and Moses nameth Mesech did about 250. yeares after the generall inundation of the world take vpon him the first dominion of these countreis in Europe which are now known by the names of Fraunce and Britaine and the inhabitantes thereof of long time called Celtae or rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Verbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for theyr speciall skill in ryding Of this mans name say they the first inhabiters of England weare called Samothaei by the space of 300. yeares or more About which time Albion Mareoticus the sonne of Neptune or rather Nepthuim as Moses writeth it and descended of the race of Cham inuaded the Ile conquered the inhabitantes mixed them with his owne people and called them all after his owne name Albionees and the countrey it selfe Albion Sixe hundreth and eight yeares or theraboutes after this also Brutus Iuhus as all our common historiens haue it entered this Iland with 324. ships laden with the remaines of Troye and he likewise both subdued all the former peoples that he found heere to his owne obedience and also altered their name after his owne calling So that from thenceforth they were named Britaines the termes of Samothees and Albionees being quite and cleane abolished Now out of these things thus alledged I might as mee thinketh draw probable coniecture that Kent which we haue in hand was the first inhabited part of all this our Iland For if it be true that maister Bale in his Centuries confesseth namely that Samothes began his dominion ouer this Realme almost 150. yeres after suche tyme as he first arriued in that part of Fraunce which is called Celtique and had planted his people there what can be more likely then that he came out of Fraunce first into Kent séeing that parte of all others was moste neare vnto him and only of all the Iland might be discerned out of the countrie where he was And the selfe same reason Caesar vseth to proue that the borderers on the South Sea side of this land were Aduenae and brought out of Fraunce although he was perswaded that the dwellers within the midle partes of the Countrie were Indigenae as we haue already touched But I will procéede in the hystorie Howsoeuer that bee therefore Caesar himselfe witnesseth that at the time of his arriuall in this Iland the people were by one common name called Britaines And that Kent was then diuided into foure petite Kingdomes which were gouerned by Carnillus Taximagul Cingetorix and Segonax who hauing seuerally subiect to their Dominions certain Cities with the territories adioyning vnto them after the manner of the Dukedomes or Estates of Italie at this day extended their boundes as it may be gathered ouer the whole countries of Kent Sussex and Surrey at the least This kind of Regalitie Kent retained not many yeares after bicause the Britain Kings succéeding Caesars conquest yéelding tribute to the Romanes reduced not only these partes but in manner the whole Realme also into one entier Monarchie .. So that in course of time and vnder the reigne of King Vortiger Kent was ruled by a Lieutenant or Viceroy called Guorongus as William of Malmesbury witnesseth But it was not long before these Britaines were so weakned partly by intestine dissentiō amongst themselues and partly by incursions of their neighbours the Scots Picts that the periode of this their estate also drawing on Vortiger their King was compelled to inuite for ayde the Saxons Iutes and Angles thrée sortes of the Germane nation who in steade of dooing that which they came for and of deliuering the Britaines from their former oppression ioyned with their enemies Thessala fide as the adage is brought vpon them a more gréeuous calamity and conquest subduing the people suppressing relligion and departing in manner the whole land amongest them selues So that now Kent recouered the title of a seueral Kingdome againe although not al one and the verie same in limittes with the former foure yet nothing inferiour in power estimation or compasse Of whiche this newly reuiued regiment Hengist the chief leader of the Germanes became the first author and patrone For he finding him selfe placed by King Vortiger for his owne habitation at Thanet in this Shire and séeing a great part of his power bestowed in Garrison against the Scottes vnder Ohtha his Brother and Ebusa his Sonne in the North Countrey and perceyuing moreouer that he was arryued out of a moste barren Countrie into this plentifull Iland with the commodities wherof he was inestimablie delighted he abandoned al care of returne to his natiue soyle and determined to make here a seate for him selfe and his posteritie For helpes wherunto although he had on th one side his owne prowesse the manhode of his warlike nation their nomber and necessitie and on the other side the effeminate cowardise and voluptuousnes of King Vortiger the weakenes of the Britains themselues and the aduauntage of the Scottes and Pictes their auncient enemies so that he might with plaine force haue brought his purpose to passe yet he chose rather to atchieue his desire by faire meanes and colour of amitie a way though not so hastie as the former yet more spéedie then that or any other Espying therfore that king Vortiger was muche delighted in womens companie and knowing wel that Sine Cerere Libero friget Venus he had him to a solemn Banket and after that he had according to the manner of Germanie yet continuing well plied him with pots he let slippe before him a faire gentlewoman his owne daughter called Roxena or Rowen which being instructed before handhow to behaue her self most amiablie presented him with a goblet of wine saying in her owne language
enfranchise villaines sondrie other things whiche bycause they be to long to be rehearsed at large and lye not fitly in the way of my purpose I will omit and descend to the Wardeins of the Portes reciting in a short Catalogue the names of so many of them as I haue found to gouern sithence the arriuall of King William the Conquerour And although it be no doubt but that the Portes were vnder the gouernement of some before the tyme of the conquest also yet bycause King William was the first so farre as I haue read that made the office perpetuall and gaue it the title whiche it now beareth the name Wardein I meane whiche came from Normandie and was not at all knowen to the Saxons I thinke best to begin at his time Againe for asmuche as the Constableship of the Castle of Douer and this office haue ben alwayes inseperably matched together and for that I shal haue fitte place to speake of that hereafter when I shall come to Douer I will respit the rehersall of bothe their originalles til then and here in the meane season set down the race of the Wardeins by name only Iohn Fynes created by William the Conquerour Wardein of the Portes and Constable of Douer by gifte of inheritance Iames Fines his Sonne whiche dyed ot Folkston Iohn Fynes his Sonne Walkelm who deliuered it to King Stephan and immediatly after his death abandoned the charge and fled into Normandie Allen Fynes restored by King Henrie the second Iames Fynes his Eldest Sonne Mathew Clere as it should séeme by Mat. Par. Williā Petite who imprisoned Godfrey the Archbyshop of Yorke in Douer castle as vnder that title shal appeare William of Wrotham Hubert of Burgh the Earle of Kent who being deposed Bartram of Cryol succéeded Richard Gray appointed by the Barons that warred against King Henrie the third who was depriued of his office by Hugh Bigot bicause he let in the Popes legate by the Kings licence and against the minde of the Nobles Henrie Braybrooke Edward the first in the lyfe of his father who made Henrie Cobham his deputie whose Sonne Heire called Iohn founded Cobham College Roger Leyborne in the tyme of King Edward the first Stephan Penchester in the tyme of Edward the first Syr Robert Asheton Hugh Spenser the younger in the tyme of Edward the second Edmund of Woodstock the Earle of Kent Reginald Cobham in the time of Edward the third Bartholmew Burwhasse or Burgehersh one of the first companions of the ordre of the Garter Iohn Beauchampe the Earle of Warwike Syr Robert Herle in the latter ende of King Edward the third Edmund the Earle of Cambridge Syr Simon Barley whome Thomas of Woodstocke beheaded Lord Henrie Cobham the Sonne of Reginald Cobhā Syr Iohn Enros Syr Thomas Beaumont Edward the Duke of Aumarle and Yorke whom King Henrie the fourth remoued and substituted in place Syr Thomas Erpingham for a season but afterward he gaue the office to Prince Edward his Sonne who when he was King in possession bestowed it vpon Humfrey the Duke of Gloucester Iames Fines Lord Saye whom Iacke Cade beheaded Edmond the Duke of Somerset Humfrey the Duke of Buckingham Simon Mountford vnder King Henrie the sixt Richard Neuel the Earle of Warwike William the Earle of Arundel Richard the Duke of Gloucester called afterward King Richard the third Sir William Scotte Henrie the Duke of Yorke Iames Fines the Lord Saye Henrie in his Fathers lyfe afterward the eight King of that name Arthur Plantagenet Vicount Lisle Bastard Sonne to King Edward the fourth Sir Edward Poynings Henrie the younge Earle of Richemond Sir Edward Guldeford George Boleyn Vicount Rocheford Sir Thomas Cheynie Treasurour of the houshold Sir Wiliam Cobham Lord Cobham Thus much of the v. Portes in general Now of Sandwiche the first of them in the order of my iourney and then orderly of so many of the residue as lye within the Shyre that I haue presently in hand Sandwiche is called in Latine Sabulouicum or Portus Rutupinus in Saxon Sondƿic that is to say the Sandie Towne because the coast therabout aboundeth withe Sande THis Towne as it appeareth by the report of Leland and as it may séeme also by the name it selfe being méere Saxon began by the Saxons after the fall of poore Richeborowe which was in price while the honour of the Britons stood vpright and was eyther abated dy the furie of the Saxons when they wonne that coast from them or els came to ruine by the alteration and vicissitude of the Sea whiche peraduenture choked the hauen thereof with light sande as it hathe since that time done this at Sandwiche also King Canutus gaue as some write to Christes church in Canterbury Sainct Bartholmews arme if happely it were not a chaungeling for Kings great men were oftentymes after that sort deluded though they in the meane time bought such reliques dearely and thought that kinde of gifte moste princely he gaue also a riche Pall a Crowne of Golde and this hauen of Sandwiche together with the royaltie of the water on eache side so farre as a shippe being on flote at the full Sea a man might caste a shorte hatchet out of the vessell vnto the Banke The place it selfe grewe in tyme to be wel peopled and of worthynesse to be one of those Portes that foūd fauour of priuilege in consideration of their seruice at the Sea for it appeareth by the booke of Domesday that this was the estate of Sandwiche It laye in a hundreth belonginge to it selfe it did to the King suche like seruice by tenure as Douer did It was of the possessiōs of Christes Churche as I haue shewed and was appointed for the apparell of the Monkes of that house to the whiche it yealded fourtie thousand herrings besides certaine money and had in it thrée hundreth and seuen houses inhabited And I finde not but that the Towne continued in the like plight long after the Conquest being somewhat amended also by the Staple whiche King Edward the first for a season remoued thither euen vntil the time of King Henrie the sixt in whose dayes Peter Brice the Steward of Normandie landed at Sandwiche and with fire and sworde wasted the Towne in manner to ashes and slewe the inhabitants almoste to the last man Since whiche time partly by the smarte of that wounde but chiefly by the aboundaunce of the light Sande wherewith the Sea hath glutted the hauen it is declined to great decay and were like to fall to extreme ruine were it not that nowe presently it is somewhat relieued by the repaire of suche as haue abandoned their Countrie for the fréedome of their consciences whose aboade howe long it will bée the Lorde onely knoweth for whose cause they suffer banishment There was in this Towne before the generall suppression a house of Carmelites whereof I read none other good thing saue that it brought foorthe one learned man called
this shoare Folkstone in Saxon folcestane Id est Populi Lapis or else flostane whiche signifieth a rocke or a flawe of stone AMongest the places lying on this shoare worthy of note nexte after Douer followeth Folkstone where Eanfled or rather Eanswide the daughter of Eadbalde the sonne of Ethelbert and in order of succession the sixte King of Kent long since erected a religious Pryorie of women not in the place where S. Peters Churche at Folkstone nowe standeth but Southe from thence where the Sea many yeares agoe hath swalowed and eaten it And yet least you shoulde thinke S. Peters Parishe churche to be voyde of reuerence I must let you knowe of Noua Legenda Angliae that before the Sea had deuoured all S. Eanswides reliques were translated thither The author of that worke reporteth many wonders of this woman as that she lengthened a beame of that building thrée foote when the Carpenters missing in their measure had made it so muche too shorte That she haled and drew water ouer the hilles against nature That she forbad certain rauenous birdes the countrey which before did muche harme there abouts That she restored the blynde caste out the Diuel and healed innumerable folkes of their infirmities And therefore after her deathe she was by the policie of the Popishe priestes and follie of the common people honoured for a Sainct And no maruail at all for it was vsuall in Papistrie not onely to magnifie their Benefactours of all sortes but to edifie also so many of them at the leaste as were of noble Parentage knowing that thereby triple commoditie ensued the first for as muche as by that meane they assured many great personages vnto them secondly they drewe by the awe of their example infinite numbers of the common people after them And lastly they aduentured the more bouldly vnder those honourable and glorious names and titles to publishe their pouishe and pelting miracles And this surely was the cause that Sexburge in Shepie Mildred in Tanet Etheldred at Elye Edith at Wilton and sundrie other simple women of Royall blood in eache quarter were canonized Saincts for generally the Religious of those tymes were as thankfull to their Benefactors as euer were the heathen nations to their first Kings and founders The one sort Sanctifying suche as did either builde them houses or deuise them orders And the other Deifying suche as had made them Cities or prescribed them Lawes and gouernement This was it that made Saturne Hercules Romulus and others moe to haue place in common opinion with the Gods aboue the starres and this caused Dunstane Edgar Ethel would and others first to be shryued here in earth and then to sit amongest the Saincts in Heauen But let me now leaue their policie and returne to the Hystorie The Towne of Folkestone was sore spoyled by Earle Godwine and his Sonnes what time they harried that whole coast of Kent for reuenge of their banishment as we haue often before remembred The Hundred of Folkstone conteined in the time of King Edward the Confessour a hundrethe and twentie ploughe landes it had in it fiue Parishe Churches it was valued at a hundrethe and ten poundes belonged to the Earle Godwine before named The Manor was giuen to William Albranc of whome I made mention in Douer with condition to finde one and twentie warders toward the defence of that Castle and it grewe in time to be the head of an honour or Baronie as in the Records of the Exchequer remaineth as yet to bée séene Saltwood THat Saltwood was long sithence an Honor also it may appeare by an auÌ„cient writ directed by King Henrie the second from beyond the Seas to King Henrie his Sonne for the restitution of Thomas Becket the Archebishop to all suche goodes landes and fées as were taken from him during the displeasure betwéene them whiche writ bothe for shewe of the auncient forme and bycause it conteineth the matter of hystorie I wil not stick to exemplifie word for woord as Mathewe Parise hathe recorded it Sciatis quod Thomas Cant. Episcopus paceÌ„ mecum fecit ad voluntatem meam ideo praecipio tibi vt ipse omnes sui pacem habeant faciatis ei habere suis omnes res suas bene in pace honorifice sicut habuerunt tribus meÌ„sibus antequaÌ„ exirent Angliae faciatisque venire coraÌ„ vobis de melioribus antiquioribus militibus de honore de Saltwood eoruÌ„ iurameÌ„to faciatis inquiri quid ibi habetur de feodo Archiepiscopatê° Cant. quod recognituÌ„ fuerit esse de feodo ipsius ipsi faciatis habere valete But if this Recorde of the Kings suffise not to proue the honour of this place then here I pray you a woorde of the honourable or rather the Pontificall dealing of William Courtney the Archbishop who taking offence that certaine poore men his Tenants of the Manor of Wingham had brought him rent hay and littar to Canterbury not openly in cartes for his glorie as they were accustomed but closely in sackes vpon their horses as their abilitie would suffer cited them to this his castle of Saltwood and there after that he had shewed himself Adria iracundiorem as hote as a toste with the matter he first bound them by othe to obey his owne ordinauÌ„ce then inioyned them for penance that they should each one marche leisurely after the procession bareheaded barefooted with a sacke of hey or strawe on his shoulder open at the mouthe so as the stuffe might appeare hanging out of the bag to all the beholders Nowe I beséeche you what was it els for this proude Prelate thus to insult ouer simple men for so small a fault or rather for no fault at all but Laureolam in Mustaceis querere and no better Thus muche at this present of the Place for as touching the first matter concerning Thomas that shall appeare at large in Canterbury following And therefore leauing on our right hand the stately partes of Syr Edward Poynings vnperfect buylding at Ostenhangar let vs sée what is to be said of Hyde Hyde is written in Saxon Hyþe that is the Hauen and called of Leland in Latine Portus Hithinus in some Recordes Hethe THe name of this place importing as it should séeme by the generalitie therof some note of worthinesse and the long continued priuileges therevnto belonging it self being long since one of the fiue principal Portes at the first led me and happely may hereafter moue others also to thinke that it had béene of more estimation in tyme past then by any other thing nowe apparant may well be coniectured Howbeit after that I had somewhat diligently searched the Saxon antiquities from whence if from any at all the beginning of the same is to be deriued had perused the booke of Domesday wherein almoste nothing especially that might bée profitable was pretermitted and yet found litle or in manner nothing concerning
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
toward Sennocke Holmes Dale that is to say the Dale betweene the wooddie hilles THere are as yet to be séene at Reigate in Surrey the ruines of an auncient Castle somtime belonging to the Earles of Surrey whiche Alfrede of Beuerley calleth Holme and whiche the Countrie people do yet terme the Castle of Holmesdale This tooke the name of the Dale wherin it standeth whiche is large in quantitie extending it selfe a great length into Surrey and Kent also and was as I coniecture at the first called Holmesdale by reason that it is for the moste part Conuallis a plaine valley running betwéene two hilles that be replenished with stoare of woode for so muche the very woord Holmesdale it selfe importeth In this Dale a part of whiche we nowe crosse in our way to Sennocke the people of Kent being encouraged by the prosperous successe of Edward their King the Sonne of Alfrede and commonly surnamed Edward the Elder assembled thēselues and gaue to the Danes that had many yeares before afflicted them a moste sharpe and fierce encountre in the which after long fight they preuailed and the Danes were ouerthrowne and vanquished This victorie the like euent in an other battaile giuen to the Danes at Oxford which stādeth in this same valley also begate as I gesse the cōmon by word vsed amongst the inhabitants of this vale euen till this present day in whiche they vaunt after this manner The vale of Holmesdale Neuer wonne nor neuer shal Sennocke or as some call it Seauen oke of a number of trees as it is coniectured ABoute the latter end of the reigne of King Edward the third there was foūd lying in the stréetes at Sennocke poore childe whose Parents were vnknowne and he for the same cause named after the place where he was taken vp William Sennocke This Orphan was by the helpe of some charitable persons brought vp and nourtured in such wise that being made an Apprentice to a Grocer in London he arose by degrées in course of time to be Maior and chiefe Magistrate of that Citie At whiche time calling to his minde the goodnes of Almightie God and the fauour of the Townesmen extended towardes him he determined to make an euerlasting monument of his thankfull minde for the same And therefore of his owne charge builded bothe an Hospitall for reliefe of the poore and a Frée Schoole for the education of youthe within this Towne endowing the one and the other with competent yearely liuing as the dayes then suffered towards their sustentation maintenance But since his time the Schoole was much amended by the liberalitie of one Iohn Potkyn whiche liued vnder the reigne of King Henrie the eight now lately also in the reigne of our souereigne Ladie through the honest trauaile of diuers the inhabitants there not only the yearely stipend is much increased and the former litigious possessions quietly established but the corporation also chaunged into the name of two Wardeins and foure assistants of the frée Schoole of Quéene Elizabeth in Sennocke The present estate of the Towne it selfe is good and it séemeth to haue béene for these many yeares together in no worse plight And yet finde I not in all hystorie any memorable thing concerning it saue onely that in the time of King Henrie the sixt Iack Cade and his mischeuous meiny discomfited there Syr Humfrey Stafford and his Brother two Noble Gentlemen whome the King had sent to encounter them Eltham ANthonie Becke that Bishop of Durham whiche in the reignes of King Henrie the third of King Edward his Sonne builded Aucland Castle in the Bishopricke of Durham Somerton Castle in Lincolneshyre and Durham place at London was by the report of Iohn Leland either the very Author or the first beautifier of this the Princes house here at Eltham also It is noted of that man that he was in all his life and Port so gay glorious that the Nobility of the Realme disdained him greatly therefore But they did not consider belike that he was in possession Bishop of Durham which had Iura Regalia the Prerogatiues of a petie Kingdome and that he was by election Patriarche of Ierusalem whiche is néere Cousin to a Popedome in whiche respectes he might well inoughe be allowed to haue Domus splendidas luxu Regali his houses not only as gay as the Noble mens but also as gorgeous as the Kinges To say the trueth this was not to builde vp the spirituall house with liuely stones resting on the chiefe corner to Heauen and to Godward but with Mammon and Material stuffe to erect warrelyke Castles for the nourishment of contention and stately Palaces for the maintenaunce of worldly pride and pleasure towardes Hell and the Deuill Howbeit this was the whole studie of Bishops in the Popishe Kingdome and therefore letting that passe let vs sée what became of this piece of his building King Henrie the third saith Mat. Parise toward the latter end of his reigne kept a Royall Christmas as the manner then was at Eltham being accompanied with his Quéene and Nobilitie and this belike was the first warming of the house as I may call it after that the Bishop had finished his worke For I doe not hereby gather that hitherto the King had any property in it forasmuch as the Princes in those days vsed commonly both to soiourne for their pleasures and to passe their set solemnities also in Abbaies and Bishops houses But yet I beléeue verely that soone after the deathe of that Bishop the house came to the possession of the Crowne for proofe wherof I pray you heare and marke what followeth The wyfe of King Edward the second bare vnto him a Sonne at this house who was therof surnamed Iohn of Eltham What time King Iohn of Fraunce whiche had béen prisoner in England came ouer to visite King Edward the third who had moste honourably intreated him the King and his Quéene lay at Eltham to entertaine him King Henrie the fourth also kept his last Christmas at Eltham And King Henrie his Sonne and successour lay there at a Christmas likewise when he was faine to depart soudainly for feare of some that had conspired to murder him Furthermore Iohn Rosse writeth plainely that King Edward the fourthe to his greate cost repaired his house at Eltham at whiche time also as I suppose he inclosed Horne parke one of the thrée that be here and enlarged the other twaine And it is not yet fully out of memorie that king Henrie the seauenth set vp the faire front ouer the mote there since whose reigne this house by reason of the néerenesse to Greenewiche whiche also was muche amended by him and is through the benefite of the Riuer a seate of more commoditie hath not béen so greatly estéemed the rather also for that the pleasures of the emparked grounds here may be in manner as well enioyed the Courte lying at Greenewiche as if it were at this house it selfe These be
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
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