Cranwell * Crumpton * Carrell * Iohn Cobham Cuttes D. * Syr William Damsell * Thomas Darrell * Robert Deane * Dalyson Richard Déering Delahay Iames Dalton * George Darrel Iohn Delapynd Gaius Dixon William Drayner * Digges * Thomas Duke E. Daniell Euering Vincent Engham Ralfe Edolf Fraunces Eglesfield F. Syr Thomas Fane Thomas Fane George Fogge. * Henry Fane Thomas Fyneux Symond Fifeld Thomas Farby Alexander Fisher Thomas Fluyd Robert Fylmer Iohn Franklyn Moyle Fynche * Thomas Fisher * Ralfe Fynche G. * The Lady Golding Syr Thomas Guldeford Edmund Gay George Goldwell Thomas Gréeke William Gybs Henry Gylman Thomas Godden * Richard Garthe * Barnabe Gooche * Norton Gréene H. Syr George Howard * Syr Perceuall Hart. Syr Iames Hales William Hamon Richard Hardes Roger Herleckenden * Christopher Harflete * Honywood * Iohn Heyton Thomas Honywood Henry Haddes Iohn Harper Martyn Herleckenden * Edward Hales * Richard Heron. Ralf Hayman Abacuk Harman Thomas Hamon William Holmden * George Harte I. * Syr Humfry Iylbert Iohn Iden William Isley Paul Ihonson * Martyn Iames. K. Syr Thomas Kempe * Richard Knatchbull L. * William Louelace Serieant at the Lawe * Thomas Louelace Iohn Lennard Richard Lone Anthonie Light. Thomas Lewson William Lewknor Lée * William Lambade M. * Roger Manwood Iustice of the common place George Multon Edward Monings Iohn Moyle William Midleton Walter Meyny Anthony Meyny William Mount. * Edward Martyn Moore N. Syr Henry Neuill Lorde Aburgeuenny * Alexander Neuill Valentine Norton * Thomas Neuill * Thomas Neuill O. Henry Oxenden Iohn Orwell P. * Thomas Potter * Payne William Partridge Ciriac Petit. Henry Petit. William Petit. William Pordage Richard Parkar * Iames Peckam * Iohn Pet. * Palmer R. * Syr Iohn Ryuers * Thomas Randall Walter Roberts * Iohn Roberts William Roper Robert Rudstone Richard Rogers Robert Rychers William Raynes S. * Syr Henry Sidney Knight of the Garter Lord Deputie of Ireland and Lord President of Wales Syr Warham Seintleger Syr Thomas Scot. Anthony Sandes Iohn and Edw. Sibyll Vincent S. Nicholas Iohn Sidley Christopher Samson William Swanne William Swanne Thomas Stoughton * Charles Scot. * Frauncis Sandbache * Reynold Scot. * Somers * Frauncis Shakerley * William Sydney T. Iohn Tuftone Thomas Tourney Roger Twisden Morice Tichebourne Iohn Twyne Thomas Tuttesham William Tylghman * Iames Tebolde Iohn Tebolde * Robert Thomas * Frauncis Thynn * Richard Tomeyo W. Syr Thomas WalsinghaÌ„ Thomas Wootton * Thomas Watton * Thomas Whetenhall * Ralfe Weldon * George Wyat. * Thomas Wale Thomas Willoughby Frauncis Wilford Iohn Wybarne Richard Waller Iohn Wylkyns Thomas Waren William Weston Dauy Wylkyns Robert Walker * Edward Wyat. * Robert Wyseman The names of the Kentish writers drawne for the most part out of the Centuries of Maister Iohn Bale Androgeus Comes Ethelbertus Rex Lotharius Rex Eadricus Rex Wightredus Rex Heddius Stephanus Tobias Cantianus Neotus Aldulphius Serlo Fridegodus Haimo Folchardus Obsernus Eadmerus Aernulphus Elmerus Odo Cantianus Alexander Cantuariensis Eadmundus Gryme Radulfus Roffensis Richardus Pluto Richardus Douerensis Sampson Durouermus Radulfus Maidston Geruasius Dorobernensis Solitarius Presbyter Nigellus Wireker Alexander Theologus Simon Stokius Ioannes Cantianus Haimo de Feuersham Thomas Spottus Simon Mepham Petrus de Ikham Guilielmus Pagham Ioannes Tanetos Thomas Chillenden Guilielmus Starnfield Thomas Pontius Simon de Feuersham Martinus de Clyuo Thomas de Stureia Reginaldus Cantuariensis Radulphus Strodus Thinredus Douerius Guilielmus Thorne Richardus Maidston Guilielmus Gillingham Ioannes Wrotham Ioannes Oldcastle Dominus Cobham Ioannes Langdene Guilielmus Whyte Guilielmus Beckley Ioannes Capgraue Guilielmus Stapilhart Ioannes Fisher Ioannes Frithe Simon Fishe Thomas Wiat Senior Leonardus Digs Ioannes Ponetus Richardus Turnerus Elizabetha Regina Hytherto almost altogether out of Maister Bale to the whiche these may bee added that haue written since Ioannes Colpeper Thomas Digs Thomas Harman Edouardus Deering Thomas Potter Reginaldus Scot. Alexander Neuille Georgius Harte Guilielmus Darrel Thomas Twyne Hitherto of Kent in particularitie and by way of Table Whereof some part is drawne out of credible Records part is spoken of mine owne knowledge and part is fetched from other men by information For the first forte I holde my selfe sufficiently warranted but in the other twaine if either by want of memorie I haue not taken all or by too muche credulitie haue mistaken any I pray pardon for it and desire the Reader either to correct or supplie it by his owne discretion and iudgement Now a fewe wordes of the Welshe Hystorie and then to the diuision of the Shyre Countrie it selfe ¶ A short counsell as touching the Bryttishe hystorie ALbeit that I am iustly occasioned before I make myne entrie to speake largely for confirmation of the credite of oure Bryttishe or Welshe hystorie the faith wherof is by William Petite and Polidore Virgile called into question for as muche as I shal be enforced to vse it as a ground worke of my whole frame and building yet for that I mynde not in any part of this my labour to handle with many wordes matters in controuersie being otherwise sufficiently charged with things more incident to my purpose and no lesse fit to be knowne And bycause also that matter hath alreadie founde more learned and diligent patrones I will with fewe wordes passe it ouer contenting my selfe if I shall haue added to other mens heapes one small proofe or twaine whiche by chaunce I gleaned after them and referring suche as desire more aboundant testimonies to the reading of Iohn Leland and Syr Iohn ap Rese two learned men that haue plentifully written therein The state of the matter is this whether Geffrey of Monmouthe be the authour of the Bryttish storie as William Newborow and Polydore charge him or the translatour thereof onely out of the Bryttishe as him selfe in his booke professeth Whereof must néedes ensue That if the worke be his owne it hath no more credite then he him selfe being the author coulde bring vnto it But if he did only translate that whiche Walter the Archdeacon of Oxforde brought out of NormaÌ„die and deliuered vnto him Then doth not the estimation depende vpon Geffray but vpon some other whâ—â—soeuer he were that first wrate it Now that it may appeare vnto you that he was only the interpreter of that whiche came out of Normandie I will call to witnesse Henrie the Archdeacon of Huntington who liued in the time of king Henrie the first and was somwhat before William Petites dayes who as him self confesseth was borne in the beginning of the reigne of king Stephan about whiche time Geffray of Monmouthe was on liue also This Henrie besides a learned hystorie of the realme wrate thrée seuerall treatises whiche I haue séene One intituled De miraculis Angliae An other De serie ReguÌ„ potentissimorum And the thirde De origine Regum Brytannorum In this latter he sayth playnly That at such time as he trauayled towardes Rome he founde in an auncient Librarie of the Abbay
Chartre contenting my selfe to yéelde to the conquerour the thankes of other mens benefites séeing those whiche were benefited were wisely contented as the case then stoode to like better of his confirmation or second gift then of King Edwardes first graunt and endowment And to the end that I may proceede in some manner of array I will first shew which Townes were at the beginning taken for the Fiue Portes what others be now reputed in the same number secondly what seruice they ought did in times passed lastly what priuiledges they haue therefore by what persons they haue been gouerned If I should iudge by the commune and rude verse Douer Sandwicus Ry Rum Frigmare ventus I might say that Douer Sandwiche Rie Rumney and Winchelsey for that is Frigmare ventus be the Fiue Portes Againe if I should bee ruled by the Rolle whiche reciteth the Ports that send Barons to the Parleament I muste then adde to these Hastings Hyde for they also haue their Barons as wel as the other and so should I not onely not shewe whiche were the first Fiue but also by addition of two others increase bothe the number and doubtfulnes Leauing the verse therefore for ignorance of the authour and suspition of his authoritie and forsaking the Rolle as not assured of the antiquitie I will flye to Henrie Bracton a man bothe auncient learned and credible which liued vnder King Henrie the third and wrote aboue thrée hundreth yeares since learnedly of the lawes of this Realme He I say in the third booke of his worke and treatise of the Crowne taking in hand to shewe the articles inquirable before the Iustices in Eire or Itinerant as wee called them bycause they vsed to ride from place to place throughout the Realme for administration of iustice setteth foorth a speciall fourme of writtes to bee directed seuerally to the Baylifes of Hastings Hithe Rumney Douer and Sandwiche commaunding them that they should cause twentie and foure of their Barons for so their Burgesses or Townesmen and the Ciâ—â—â—â—ns of London likewise were wont to be termed to appeare before the Kings Iustices at Shipwey in Kent as they accustomed to doe there to enquire of suche pointes as should bee giuen them in charge Whiche done he addeth moreouer that for so muche as there was oftentimes contention betwéene them of the Fiue Portes and the inhabitants of Yarmouth in Norfolke and Donwiche in Suffolke there should be seuerall writtes directed to them also retournable before the same Iustices at the same day and place reciting that where the King had by his former writtes sommoned the Plées of the Fiue Ports to be holden at Shipwey if any of the same townes had cause to complaine of any beeing within the liberties of the saide Portes he should be at Shipwey to propounde against him and there to receaue according to lawe and iustice Thus muche I recite out of Bracton partly to shew that Shipwey was before King Edward the firsts time the place of assembly for the Plees of the Fiue Portes partly to notifie the difference and controuersie that long since was betweene these Portes and those other townes But purposely and chiefely to proue that Hastings and Hithe Douer Rumney and Sandwiche were in Bractons time accompted the Fiue principall hauens or Portes whiche were endowed with priuiledge Neither yet will I deny but that soone after Winchelsey and Rye might be added to the number For I finde in an olde recorde that King Henrie the third tooke into his owne handes for the better defence of the Realme the townes of Winchelsey and Rye whiche belonged before to the Monasterie of Fescampe in Normandie gaue therfore in exchaunge the Manor of Chiltham in Gloucester shyre diuers other landes in Lincolne shyre This he did partly to conceale from the Priors Aliens the intelligence of the secrete affairs of his Realme partly bycause of a great disobedience and excesse that was committed by the inhabitants of Winchelsey against Prince Edward his eldest Sonne And therefore although I can easely be led to thinke that he submitted them for their correction to the order and gouernance of the Fiue Portes yet I stand doubtfull whether he made them partners of their priuiledges or no for that had been a preferment and no punishment but I suspect rather that his Sonne King Edward the first by whose encouragement and aide olde Winchelsey was afterward abandoned and the now Towne buidled was the first that appareiled them wyth that preeminence By this therefore let it appeare that Hastings Douer Hithe Rumney Sandwiche were the first Ports of priuiledge which bycause they were Fiue in numbre bothe at the first gaue and yet continue to all the residue the name of Cinque Portes although not onely Winchelsey and Rye be since that time incorporated with them as principals but diuers other places also for the ease of their charge be crept in as partes lims and members of the same Now therefore somewhat shal be saide as touching the seruices that these Portes of duetie owe and in déed haue done to the Princes wherof the one I meane with what numbre of vessels in what manner of furniture and for howe long season they ought to waite on the King at the Sea vpon theyr owne charges shall partly appeare by that whiche wée shall presently say and partly by that whiche shall follow in Sandwiche and Rumney The other shal be made manifest by examples drawn out of good hystories and bothe shal be testified by the woordes of King Edward the first in his owne Chartre The booke of Domesday before remembred chargeth Douer wyth 20. vessels at the Sea whereof eache to be furnished with one and twentie men for fiftéene dayes together and sayth further that Rumney and Sandwiche aunswered the like seruice But nowe whether this like ought to be vnderstoode of the like altogether bothe in respect of the number and seruice or of the like in respect of seruice according to the proportion of their abilitie onely I may not hereby take vpon me to determine For on the one side if Rumney Sandwiche and the residue should likewise find twentie vessels a péece then as you shall anone sée the fiue Portes were subiect to a greater charge at that time then King Edward the first layd vpon them And on the other side if they were only chargeable after their proportion then know I not howe far to burthen them séeing the Record of Domesday it selfe bindeth them to no certeintie And therfore leauing this as I finde it I must elsewhere make inquisition for more lightsome proofe And firste I will haue recourse to King Edwarde the firste his Chartre in which I read that At ech time that the King passeth ouer the sea the Portes ought to rigge vp fiftie and seuen ships whereof euery one to haue twentie armed souldiers and to mainteine them at their own costes by the space of fifteene
petition exhibited by Richarde then Earle of Arundale and Surrey in whiche the same Earle claimed the office of chiefe Butler and recognised him self ready to perfourme the same Wherevpon foorthwith one Edmund Staplegate exhibited another petition and likewise made his claime to this effect That whereas he the sayde Edmund helde of the King in chiefe the Manor of Bylsington in Kent by the seruice to be his Butler at the Coronation as plainely appeared in the booke of Fées and Sericancies in the Exchequer And whereas also by reason of that tenure the late King Edwarde the thirde had both seised the landes of that petitioner for so much as he was in his minoritie at the time of the death of Edmund Staplegate his father and had also committed the custodie of his body to one Iefferay Chawsier to whō he payde 104. l. for the same he nowe proffered to doe that seruice and praied to be admitted to the office therof with alowance of the fées that belonged therevnto These claimes and the replies also bothe of the Earle and of Staplegate being hearde and considered It was then order partly for the shortnesse of the time whiche would not permit a full examination of the matter and partly bycause that on the Earles side it was proued that his auncestors had béene in possession of that office after the alienation of the Manor of Bylsington whereas on the other part it appeared not that the auncestors of Staplegate had euer executed the same that for the present Coronation the Earle shoulde be receiued and the right of Staplegate and all others shoulde be neuerthelesse to them saued Thus muche of the Manor of Bylsington whiche lyeth here on the right hande I thought méete to impart with you to occupy vs withall in our way to Rumney for as touching the Pryorie that there was althoughe I suppose it to haue begon by the liberalitie of some of the Earles of Arundale yet can I assure you of nothing touching it saue onely of the yearely value whiche you shall finde in the Particular of this shyre amongst the rest of the suppressed houses Rumney called in Saxon Rumen ea that is to say The large watrie place or Marishe It is written in the Records corruptly Rumenal and Romual THE participation of like Priuilege might wel haue moued me to haue placed the Portes together but the purpose of myne order already taken calleth me another way and byndeth me to prosecute them as they lye in order of my iourney There be in Kent therfore two townes of this name the Olde and the New Rumney as touching the latter whereof I minde not to speake hauing not hitherto founde eyther in Recorde or Hystorie any thing pertaining therevnto but that little whiche I haue to say must be of olde Rumney whiche was long since a principal Port and giueth cause of name to the new towne as it selfe first tooke it of the large leuell and territorie of Marishe grounde that is adioyning This Towne sayth the Recorde of Domesday was of the possession of one Robert Rumney and holden of Odo then Bishop of Borieux Earle of Kent and brother to King William the Conquerour in the which the same Robert had thirteene Burgesses who for their seruice at the Sea were acquitted of all exactions and custome◠of charge excepte fellonie breache of the peace and forstalling It was sometyme a good sure and commodious Hauen where many vessels vsed to lye at Roade For Henrie the Archedeacon of Huntingdon maketh report that at suche time as Godwine Earle of Kent and his Sonnes were exiled the Realme vpon suche cause of displeasure as hathe alreadie appeared in Douer they armed vessels to the Sea and sought by disturbing the quiet of the people to compell the King to their reuocation And therfore among sundry other harmes that they did on the Coast of this Shyre they entred the hauen at Rumney and lead away all suche shippes as they found in the Harborow Thomas Becket the Archebishop hauing by froward disobedience and stuborne pertinacitie prouoked King Henrie the second to indignation against him and fearing to abide the triall of ordinarie Iustice at home determined to appeale to the Popes fauour at Rome for whiche purpose he secretly tooke boate at Rumney minding to haue escaped ouer but he was driuen backe by a contrary wynde and so compelled to land againste his will. The vnderstanding of whiche matter so exasperated the King against him that foorthwith he seased his goods and gaue commaundement by his writte to the Sheriffes of all coastes to make arrest of al such as for any cause prouoked to the Pope He caused also his subiectes from twentie yeares of age vpward through out the whole Realme to renounce by othe all wonted obedience to the Sée of Rome and sollicited earnestly the Emperour Frederic and Lewes the Frenche King to haue ioyned with him in deposing Pope Alexander for that he so commonly receaued runnegates and suche as rebelled against their lawfull Princes But suche was eyther the enimitie of Lewes the Frenche King againste King Henrie the second or his dull sight in discerning the profit of the whole Christian common weale that he refused to assist the other twain by meanes whereof both Frederic the Emperour was afterward compelled to yéelde him to the Pope King Henrie the second glad withall submission to reconcile himselfe to the Archebishops fauour Rumney Marshe is famous throughout the Realme as wel for the fertilitie quantitie of the soile leuell as also for the auncient and holesome ordinances there vsed for the preseruation and maintenance of the bankes and walles against the rage of the Sea. It conteineth as by due computation it may appeare 24000. Acres For the taxation of Rumney Marshe onely not accompting Walland Marshe Guilford Marshe c. amounteth to 50. pounds after the rate of one halfe peny the Acre and it is at this day gouerned by certaine lawes made by one Henrie Bathe a Iustice and Commissioner for that purpose in the time of King Henrie the third Of whiche his statutes experience in time hath begotten suche allowance and liking that it was afterward not onely ordered that all the lowe groundes betwéene Tanet in Kent and Pemsey in Sussex should be guided by the same But they are also nowe become a paterne and exemplar to all the like places of the whole Realme to be gouerned by The place is not muche inhabited bycause it is Hyeme malus Aestate molestus Nunquam bonus Euil in Winter grieuous in Sommer and neuer good As Hesiodus the olde Poet somtime saied of the Countrie where his Father dwelt And therefore very reasonable is their conceite whiche doe imagine that Kent hathe thrée steps or degrées of whiche the first say they offereth Wealth without healthe the second giueth bothe Wealth and healthe and the third afoordeth healthe onely and no Wealthe For if a man minding to passe through
seuenth booke and third chapter Bracton that liued in the time of King Henrie the third in his seconde booke De acquirendo rerum dominio And Bretton that wrate vnder King Edward the first and by his commaundement haue all expresse mention of landes partible amongst the males by vsage of the place and some of them recite the very name of Gauelkind it selfe But most plainely of all an auncient treatise receiued by tradition from the hands of our elders wherof I my self haue one exemplar written out as I suppose in the time of King Edwarde the firste agréeing with the dayly practise of these customes proueth the continuance of them to stande with good lawe and liking And therefore forbearing as néedlesse further testimonie in that behalfe I will descende to the disclosing of the customes them selues not numbring them by order as they lye in that treatise but drawing them foorth as they shall concerne eyther the lande it selfe or the persons that I will orderly speake of that is to say particularly the Lorde and the Tenant The husband and the wife The child and the gardien and so after addition of a fewe other things incident to this purpose I will drawe to an end As touching the land it self in which these customes haue place it is to be vnderstanded that all the landes within this Shyre which be of ancient Socage tenure be also of the nature of Gauelkind For as for the lands holden by auncient tenure of Knights seruice they be at the common lawe are not departible after the order of this custome except certeine which being holden of olde time by Knightes seruice of the Archebishop of Canterbury are neuerthelesse departible as it may appeare by an opinion of the Iudges in the Kings benche .26 H. 8. fol. 4. And that grewe by reason of a graunt made by King Iohn to Hubert the Archebishop the tenor wherof being exemplified out of an auncient roll remayning in the handes of the Reuerende father Mathewe the Archebishop nowe liuing hereafter followeth Ioannes dei gratia Rex Angliae Dominus Hiberniae Dux Normaniae Aquitaniae comes Andegauen Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Iusticiarijs Vicecomitibus Praepositis ministris omnibus Balliuis fidelibus suis Salutem Sciatis nos concessisse praesenti charta nostra confirmasse venerabili patri nostro ac Chro. Huberto Cantuar. Archiepiscopo successoribus suis in perpetuum quòd liceat eis terras quas homines de feodo Ecclesiae Cantua tenent in Gauelkind conuertere in feoda militū Et quod idem Episcop successores sui eandē in ōnibus potestatē libertatē habeant in perpetuū in homines illos qui terras easdem ita in feodo militum conuersas tenebunt in haeredes eorum quā ipse Archiepiscopus habet successores sui post eum habebunt in alios milites de feodo Ecclesiae Cantuar. in haeredes Et homines illi haeredes eorum eandem omnem libertaetem habeant in perpetuum quam alij milites de feodo Ecclesiae Cantuar. haeredes eorum habent Ita tamen quod nihilominus consuetus redditus denariorum reddatur integre de terris suis sicut prius xenia aueragia alia opera quae fiebāt de terris ijsdem conuertantur in redditum denariorum aequiualentem Et redditus ille reddatur sicut alius redditus denariorum Quare volumus firmiter praecipimus quod quicquid praedictus Archiepiscopus successores sui post eum de terris illis in feodo militum secundum praescriptam formam conuertendis fecerint ratum in perpetuum stabile permaneat Et prohibemus ne quis contrafactum ipsius Archiepiscopi vel successorum suorum in hac parte venire praesumat Teste E. Eliense S. Bathon Episcopis G. filio Petri comite Essex Willmo Marescallo comite de Penbroc Roberto de Harocort Garino filio Geraldi Petro de Stoke Ric. de Reuerus Roberto de Tateshal Datum per manum S. Archid. Willielmi apud Rupem auriual 4. die Maij Anno regni nostri tertio But nowe for as muche as it is disputable whether this Chartre of the King be of sufficient vertue to chaunge the nature of the Gauelkynd lande or no and for that the certaintie of the landes so conuerted into Knight fee dothe not any where that I haue séene appeare saue onely that in the booke of Aide leuied in this Shire Anno. 20. E. 3. it is foure or fiue times noted that certeine landes there be holden in Knights seruice Per nouam licentiam Archiepiscopi I will leaue this and procéede to proue that all the landes of auncient tenure in Knights seruice be subiect to the ordinarie course of discent at the common lawe And that may I as me thinketh sufficiently doe both by the expresse wordes of a note 9. H. 3. in the title of Praescription 63. in Fitzherbert by the resolution of the same Fitzherbert and Norwiche Iustices 26. H. 8. 5. And by plaine recitall in the acte of Parleament made 31. H. 8. Ca. 3. by whiche statute the possessions of certeine Gentlemen there named were deliuered from this customarie discent and incorporated to the common lawe For amongst other things in that acte it is sayde That from thencefoorth such their lands shal be changed from the said custome and shall descend as lands at the common lawe and as other lands being in the said coūtie of Kent which neuer were holden by seruice of Socage but always haue bene holden by Knightes seruice doe descend By whiche wordes it is very euident that the makers of that estatute vnderstoode all landes holden by Knightes seruice to be of their proper nature descendable after the common lawe and that Socage tenure was the only subiect in whiche this our custome of Gauelkynd discent preuailed and helde place But when I thus speake of Socage and Knights fee I must alwayes be vnderstanded to meane of a tenure long since and of auncient time continued and not now newly or lately created for so it may fall out otherwise then is already reported As for example If land aunciently holden by Knights seruice come to the Princes hande who afterwarde giueth the same out againe to a common person to be holden of his Manor of Eastgrenewiche in Socage I suppose that this land notwithstanding the alteratiō of the tenure remaineth descendable to the eldest sonne only as it was before As also in like sorte if landes of auncient Socage seruice come to the crowne and be deliuered out againe to be holden eyther of the Prince in Capite or by Knightes seruice of any Manor I thinke it ought to descende according to the custome notwithstanding that the tenure be altered And if this be true in the graunt of the King him selfe then much lesse sauing the reuerēce due to king Iohns Chartre may the Archebishop by a newe creation of tenure make
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