the thinges that I had to remember in Eltham And to make an end of all these be the places whereof I ment to make note in this my Xenagogie and perambulation of Kent the first and only Shyre that I haue described wherin although I haue not spoken of sundrie Towns not inferiour at this present in estimation to a greate many that I haue handled and happely equall with them in antiquitie also yet I think I haue neither pretermitted many that be much worthie of obseruation nor scarcely omitted any that be mentioned in such bookes of Hystorie as be easily to be had and obteined but as for the Feodaries and Tenures of land Genealogies Armes of men Ebbes Floudes Tides of the Sea and Riuers Flattes Barres Hauens such other things although somewhat might haue béen seuerally said concerning eache of them yet haue I wittingly and without touche lept ouer them all Partly for the incertentie partly that I scatter not any séede of dissention and enuie and partely least whilste by disclosing secretes I labour to serue the curiositie of some fewe I either offend many of the sadder sort or deserue euill of the whole estate Nowe therfore I will deliuer you and rest me wishing that some other man of greater profite in reading deapth in iudgement and dexteritie in penning would take in hand to amend the description of this and to adde the residue For as I at the first assayd it to proue my self to prouoke some and to pleasure and profite others So hauing nowe atchieued it according to my slender skill if any man shall like to take this my base metall drawne out of a fewe Sowze into many Sheetes as you sée shall hammar it to some further and finer fashion I wil not only not enuie it but most hartely thanke him and gratulate to our Countrie that so good a tourne benefite And as touching the description of the rest of the Realme knowing by the dealing in this one that it wil be harde for any one man and muche more for my selfe to accomplishe all I can but wishe in like sorte that some one in eache Shyre would make the enterprise for his owne Countrie to the end that by ioyning our pennes and conferring our labours as it were Ex symbolo wée may at the last by the vnion of many parts and papers compact a whole and perfect bodie and Booke of our English antiquities The Customes of Kent ALthough good order would haue borne the rehersall of the Auncient Customes of this Shyre in that generall discourse whiche we had in the beginning as touching the estate of this whole Countie the rather for that it was there shewed by what meanes and policie they were conserued yet least the recitall of the same being of themselues large and manyfolde might haue béene thought too great a Parenthesis or rather an interruption of the Hystorie wherein we were as then but newly entred I thought it better to reserue them for this place to the end that bothe the one and the other might appeare without breache or confusion These Customes therefore being for the most part discrepant from the common lawes of our Realme and annexed to suche landes within this Shyre as beare the name of Gauelkinde are commonly called Gauelkinde Customes for that they preuaile and haue place in landes of Gauelkinde nature In whiche respect it shall not be amisse to shewe for what reason those landes were at the first so termed and why they do yet hitherto continue the name Two coniectures I haue of the reason of this name the one grounded vpon the nature of the discent and inheritance of these landes themselues the other founded vpon the manner of the duetie and seruices that they yeald bothe whiche I will not sticke to recite and yet leaue to eache man frée choice to receaue either or to refuse bothe as it shall best lyke him I gather by Cornelius Tacitus and others that the auncient Germans whose ofspring we be suffred their landes to descend not to the Eldest Sonne alone but to the whole number of their male Children I finde in the 75. Chap. of Canutus law a King of this Realme before the Conquest that after the death of the father his heires shoulde diuide bothe his goods and his landes amongst them Nowe for as muche as all the nexte of the kinred did this inherite together I coniecture that therfore the land was called eyther Gauelkyn in meaning Giueall kyn bycause it was giuen to all the nexte in one line of kinred or Giue all kynd that is to all the male children for kynd in Dutche signifieth yet a male childe Besides this the Welshmen also who but now lately lost this custome doe in their language call this discent Gwele and in their Latine Recordes Lectus progenies gauella of their owne worde Gefeilled whiche signifieth Twyns or suche as be borne together bicause they doe all inherite together and make as it were but one heire and not many And here by the way I cannot omit to shew that they of this our Kentish cuntrey do yet cal their partition of land shifting euen by the very same worde that the lawe of Canutus many yeares since termed it namely Scyftan in Latine Herciscere that is to shift depart or diuide lande My other coniecture is raysed vpon the consideration of the rent and seruices going out of these landes for it is wel knowne that as Knights seruice lande required the presence of the tenant in warfare and battaile abroad So this lande being of Socage tenure cōmaunded his attendance at the ploughe and other the Lordes affaires of husbandry at home the one by manhoode defending his Lords life and person the other by industrie mainteining with rent corne and victuall his estate and familie This rent and customarie payment of works the Saxons called gafol and therof as I think they named the lande that yealded it gafolette or gafolcynd that is to saye lande Letten for rent or of the kinde to yealde rent In this sense I am sure that the rents customes and seruices whiche the tenantes of London pay to their land lords were wont and yet are to be recouered by a writ thereof called Gauellet as by an auncient statute made in the tenthe yeare of King Edward the second intituled Statutum de Gaueleto in London and by dayly experience there it may well appeare Thus much then as concerning the Etymon of this word Gauelkind being said let vs procéed further It hath already appeared how the Kentishmen immediatly after the Conquest obteined the continuation of their customes and it is very manyfest by auncient writers that the same for the more part haue bene in vre and exercise euer since For omitting that which Thomas Spot hath written concerning the same matter for as much as it is already recited at large Glanuile a learned man that flourished in the reigne of king Henrie the second in his
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
at the Sea. The College The value of the Religious houses in this Shyre The Citie when it began The olde Schole at Canterbury The decay of Canterbury and other places Continuall contention betweene the two great houses in Canterbury Christes-Churche in Canterbury Thomas Becket the Archbishop his hystorie Saint Augustines The deade in old time were buried out of the Cities Popishe braules S. Maries in Canterbury The Saints and Reliques at CaÌ„terbury S. August Thomas Becket had two heads S. Gregories in Canterbury S. Laurenceâ— Hospitall S Iames Hospitall S. Sepulchers White friars S. Mildredâ— The Bishops Palaice S. Martines was a Bishops See. S. Sepulchres by CaÌ„terbury The Monkes coÌ„tend with the Archbishop and do preuaile The vanitie of Man and the subtilty of the Deuill be the cause of Idolatrie Saint Thomas Beckets Relique The olde manner of nameing men Maude the Empresse true Heire to the Crowne Bartholmew Badelesmere Thomas Colpeper The Pryory at Leeds By what meanes the Archebishops chair came to 〈…〉 The Deanrie of shorâ—ham A Popishe myracle Monkes contend for the electioÌ„ of the Bishop SaÌ„int Cuthbertes feast why holdeÌ„ double Bishops Sees are translated from Villages to Cities The Catalogue of Rochester Bishops The Harborowe of the Nauie Royall The benefites that God hathe giuen this Realme in the Reigne oâ— Queene Elizabeth A barbarous crueltie executed vpon Straungers Excessiue drinking and how it came into England Great troupes of seruing men came in with the Normanes The cause of the Conquest of Enlande Harold the King. The vncurtesie of the English natioÌ„ toward straungers Busyris was a tirant that sacrificed straungers and was therefore slaine by Hercules Our Lady the Rode of ChethaÌ„ Gillingham Horsted borne in Ailesford Hengist Horsa two famous Capitaines A religious Skirmish betwene the Monkes of Rochester and the Brethren of Stroude Friendsbury clubbes Eslingham Appropriations of benefices The Citie The Castle S. Andrews Church in Rochester Priests had wiues in England of olde time Saint William of Rochester Saint Bartholmewes Hospitall Rochester Bridge both the olde the newe Syr Robert Knolles a valiant Capitaine The Hospitall The beginning of this scoffing by word Kentishe tailes Angle Queene Many kinges at once in Kent The olde manner of Signing Sealing of deedes Fernham The Danes compelled to take the Thamise The Danes are chased from Otforde Earle Edrie an infamus traytour A noble example of Kinge Edmunde Ironside The names of Townes ending in ing The Abbay The Solaces of Solâ— life The Castle The Cleargie was law lesse The Pryorie at Tun-Bridge The Low the of Tunbridge 42. H. 3. The Archebishop hath an Earle to his Butler The Rooâ—â— of Asherst was a growing Idole The masters of the nauie Royal. Alphey the Archbishop was cruelly slaine A popish minde 32. Shyres in England Great suÌ„mâ— of money paied to the Danes The Priorie of Shene The frierie The Palaice The rebellion of Iack Straw The rebellion of Iack Cade The rebellion of the black smith Lord Richard Lucy The ancient manner of the triall of right to Landes Wager of Lawe Hengist Horsa The beginning of the Kentishe Kingdome Orpenton the course of Cray water Mesopotamia signifieth a couÌ„try encompassed with riuers Rochester castle beseiged Princes may wooe by picture and marye by proctor The Abbay The old maner of Tourneament The occasion of Iacke Strawes his rebellion The courâ—â— of the riuer of Derent The name of Portreue whereof it commeth The name of Sherife London had a Portreue The office of a Reue. A learned age in which priestes had more latine theÌ„ english and yet almost no latine at all The order of this description The Manour The church of S. Hildeferthe The auncient forme of a Testament The auncient estate of a Gentleman and by what meanes gentle was obteyned in the olde time The degres of Freemen Earl Thein and Churle Alderman ShiremaÌ„ c were names of offices Wisdom is more profitable when it is ioyned with riches Merchandize and Husbandrie 1. The worship of many Gods. Saint Edith and her offering The olde newe Romanes agre in many points of religion S. Thomas Beckets spiteful miracles S. Bartilmew of Otford and his offering The Palaice at Otford Cardinall Morton Erasmus doth misreporte the cause of the contention between the King and Thomas Becket The Manor of WinghaÌ„ Reigate Castle in Surrey The Schole and Almes house The Town The name Gauelkind wherof it arose To shift laÌ„d is an olde terme The antiquitie of Gauelkind custome The diuisioÌ„ of this discourse What lands be of Gauel kind nature Some Knight fee is Gauelkinde Auncient Knight fee is not of the nature of Gauelkynd The change of Gauelkind tenure is no chaÌ„ge of the nature of Gauelkind A contrarie vsage changeth not the nature of Gauelkinde HeaHbeorg in Saxon is a high defence and the customs of NormaÌ„die that cal fieâ—e or fee de Haubert whiche oweth to defend the laÌ„d by full armes that is by horse haubert target sword or helme and it consisteth of 300. acres of land which is the same as I suppose that we called a whole Knights fee * The custome of Gauelkind is vniuersall in Kent The reason of Gauelkinde Custome What thinges shal ensue the nature of the land Rent Remainder Voucher Condition Attaint and Error No battail nor graund Assise in gauelkinde Forfaiture in Felonie Cessauit in Gauelkind Tenant by the Courtesie Tenant in Dâ—wer The difference betweene coÌ„mon Lawe and Custome therin Dower of chattels Partition of chattels Partition of chattels London Partition of Gauelkinde lands Astrâ— what it meaneth Gardein after the cusâ—ome Sale is at 15. yearâ—â— Sale good at 15. yeares No villains in Kent Apparance Câ—men Chase and driue out Attaint Chaunging of wayes Goppies These wordes betweene the starres were taken out of an other olde copie Free men Esechator Giue and sell landes without licence Plede by writte or pleinte Appeare by Borsholder No eschete for felonie but of goods only Dower of the one half Flying for felony causeth forfeiture Partition amoÌ„gst the heirs males The Astre Curt in other copies One suite for all the parceners Partition of goods Custodie of the heire in Gauelkind Sale at xv yeres of age Dower of the one half Forfaiture of Dower Tenant by the courtesie of the one halfe The discent of Gauelkind changed Forfaiture by Ceslauit or Gâ—uelate No oathe but for fealtie Essoignes No battail nor graunâ— assise in Guelkinde landes A Table conteining the principall places and matters handeled in this Booke A Angles or Englishmen Page 2 Archebishopricke of Canterbury Page 62 Archebishops contend for the primacie Page 65 Archebishops all named Page 70 Armour Page 112. 211. Apledore Page 146. 162 Aile or Eile a Riuer Page 177. Correction of adulterie Page 180. Appropriations Page 292 Ailesforde Page 321. Asheherst Page 333. Adington Page 258. Aldington Page 149. B Brytones or Welshmen Page 1. 12. Borsholder what he is Page 22 Bridges of stone Page
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
for her endowment and the other to her departed husbande to be bestowed by his executors if he made a testament or by the discrâ—tion of the ordinarie if he died intestate The selfe same order is at this day obserued in the Citie of London and the same in effect was long since vsed throughout the whole Realme For it is euident bothe by the lawe of King Canutus before remembred by Maister Glanuille in his booke Ca. 18. and by the wordes of Magna Carta that the wyfe and Children had their reasonable partes of the goods by the common lawe of the Realme howsoeuer it came to passe at the length that it was admitted for law but in such Countries only where it was continued by daily vsage as it is holden 17. E. 2. and in many other bookes that al the writs in the Register De rationabili parte bonorum Haue mention of the speciall Custome of the Shyre in whiche the part is demaunded But as in déede at this day partition of Chattels is not vsed though in the meane time it hathe not lost the force of common lawe as many thinke through out the whole Realme so is it so far as I can learne vanished quite out of all vre within this Countrie also And therfore séeing the Gardein is deliuered of this charge we also wil leaue to speake further of the goods and come to the partition and custodie of the land of this Infant If a man die seised of landes in Gauelkinde of any estate of inheritance al his Sonnes shal haue equal portioÌ„ if he haue no Sonnes then ought it equally to be diuided amongst his daughters But yet so that the eldest Sonne or Daughter hath by the Custome a preeminence of election and the youngest Sonne or Daughter a preferment in the partition For as of auncient time there ought to be graunted to the eldest the firste choice after the diuision so to the parte of the youngest there ought to be allotted in the diuision that peice of the Mesuage whiche our treatise calleth Astre By whiche word is ment as I coniecture for otherwise I haue not learned either the Hall or chiefe roome of the house either els the well for water or the Southe side of the building For Astre being sounded without s may come of the Latine woord Atrium whiche signifieth a Hall or of Haustrum whiche betokeneth the Bucket of a well or of Austrum the Southe side euery of whiche haue their particular commodities aboue the rest of the house or tenement Or otherwyse if that shal like any man better being sounded with s it may be deduced from the Frenche word Asistre by contraction Astre whiche is as much as a site or situation and with the Article le before it Lestre a Churcheyard or Court about a house But whatsoeuer the woord meane I will not longer labour in it seing that at this day there is no suche regarde made in the partition but only consideration had that the partes them selues be equall and indifferent Now therfore if the Childe be vnder the age of 15. yeres the next Cousin to whoÌ„ the inheritance may not descend shal haue the education order of his body landes vntil suche time as he shall attaine to that age euen as the Gardein in socage at the common law shall kéepe his vntill the warde aspire to fouretéene And in all other things also this customarie Gardein is to be charged and to haue allowance in suche sorte and none other then as the Gardein in socage at the common law is Saue only as it is partly remembred already that he is bothe chargeable to the Heire in accompt for his receipt subiect also to the distresse of the Lord for the same cause Yet doe I not heare that the Lordes take vpon them at this day to committe the custodie of these Infants but that they leaue it altogether to the order of the next of the Kinne the rather belike for that they them selues if they intermedle stande chargeable in default of the abilitie of suche as happely they might credit therewithall So that vpon the whole matter the addes consisteth only in this that Gardein in Socage at the common Lawe shall keepe the land till the Infant be fourtéene yeares of age and Gardein by this custome till he haue attained fully fiftéene whiche diuersitie ariseth not without great reason For whereas the Infant in Socage at the common law cannot make alienation of his land vntill he haue reached to the full age of 21. yeares although he be long before that frée from all wardship The Infant in Socage by this Custome may giue and sell his land so sone as he is crept out of this Custodie And therefore it was expedient at the leaste to adde one yeare to the common Lawe before he should be of power to depart with his inheritance whiche otherwise being vnaduisedly made away might worke his owne impouerishment and ouerthrowe And truly it séemeth to me that the Custome it selfe hath a watchefull eye vpon the same matter in so much as it licenceth him at fiftéene yeares Not to giue his Land for that he might doe for nothing But to giue and sell his Land whiche it meaneth he should not doe without sufficient recompence Suche like interpretation the common Lawe also séemeth to make of this custome both by the opinion of Vauasor 5. H. 7. who said the it was adiudged that a release made by such an Infant was voide by the sentence of the Booke 21. E. 4. 24. where it was said that an infant cannot declare his will vpon such a Feoffment and by the iudgement of Hank 11. H. 4. who also helde that a warrantie or graunt of a reuersion made at suche age was to no purpose at all althoughe a lease with release might happely be good by the Custome bicause that amounteth to a Feoffment And in my simple iudgement it is not fit that this Custome should be construed by equitie for as muche as it standeth not with any equitie to enable an infant of litle discretion and lesse experience to sell his land and not to prouide withal that he should haue Quid pro quo and some reasonable recompence for the same for that were not to defend the Pupill and Fatherles but to lay him wyde open to euery slye deceipt and circumuention In whiche respect I cannot but very well like of their opinion who holde that if an Infant in Gauelkinde at this day will sell at xv yeares of age these thrée things ought of necessitie to concurre if he will haue the sale good and effectuall The firste that he be an heire and not a Purchasour of the land that he departeth withall The second that he haue recompeÌ„ce for it and the third that he do it with liuerie of seison by his owne hand and not by warrant of Attourney nor by any other manner of assurance And these men for proofe
of good reward singular commendation for it You the motioners in the reading shall receiue great pleasure by it the rest of the GentlemeÌ„ of this Realme that of themselfes see what things in their awne couÌ„tries are of gretest fame now by that boke shal know what those things and other things were long agone must needes with great delight receiue it and surely being as he is vnto mee a very deere freende for myne awne parte J meane also God willing vpon some fit occasion with my request to further it The xvj of Aprill 1576. Your Countrey man and very louing friende J W ¶ GVLIELMVS FLETEwodus Vrbis Londinensis Recordator ad candidum Lectorem EN tibi Lector adest series dignissima reruÌ„ Canticolûm si nôsse cupis pia stemmata siue Si tibi sacra placent horum coÌ„mixta prophanis Siue meare libet per compita flumina pontes Seu reserare velis septem diademata regum Cuncta Topographia hac LaÌ„bardus pingit apertè Jngenio rarus grauis arte labore notandus Cuius mellifluo debet nunc Cantia libro Plurima myriades rerum dum ventilat aptè Quas benè si capias habet hic cuÌ„ foenore sorteÌ„ The Saxon Characters and their values Characters values a a b b c c d d e e f f g g h h i i k k l l m m n n o o p p q q r r s s s s t t u u Æ¿ w x x y y z z The abbreuiations Their values and ê§ that ð th þ th à th g ge The pointes Comma which is marked after the common periode thus Periode whiche is here signed as the Greeke interrogatiue thus SVndry faultes gentle Reader haue we vnwillingly coÌ„mitted in this Booke imprinted in the absence of the Authour Of these some do blemish only the beautie of our owne workmanship others do offend against the lawes of Orthographie Some doe shrewdly peruert the sense of the writer and will stay thee others doe vtterly euert his meaning and will muche trouble thee Suche therefore as be most daungerous we haue here set before thine eye beseeching thee to amende them with thine owne pen before thou enter into the Booke The whiche labour we doubt not but thou wilt the more willingly vndertake in this one copie when thou shalt haue rightly weighed what a worke it woulde be for vs to perfourme it in sixe hundreth bookes Pag Lin. Error Correction 2 4 Sctos Scots 7 3 Zenagogus Xenagogus 48 6 bropam Broxam  29 Haniswel Hamswell   Southfrith for Southfrith forest 54  adde Wye to the Scholes there    Richard Agall Richard Argall 56 17 Syr Humfrey Iilbert S. Humfrey Gilbert   adde Iohn French to the names in F. there  57  William Lambade William Lambarde 58  adde S. Walt. Waller to the names in W.  60 27 in Latine into Latine 64 29 Kenulfus Kenulfus   Amend the nuÌ„bers of the. 2. pages folowing nexte after the page 67.  76 1 take out this Malm. Couent  77 13 partly for the. partly by the. 78 5 Æ¿aenEt þaenEt  22 Æ¿aenEt þaenEt 84 20 Leoswine Leoswine 103 27 Symon Barley Symon Burley 108 1 then were appoin that were appointed 109 18 Aulaf Anlaf 110 15 Syphinus Syphnius 112 34 whiche drewe withdrewe 119 1 Dorus. Doris 121 16 kept till keepe till  32 a Captaine a Captiue 122 20 and speede and sped 123 20 Borieux Baieux 124 8 Borieux Baieux 126 5 tenure terrour  28 contained continued 128 32 a newe worke the newe worke 130 2 port sayle portsale  3 crowne landes Crownelandes 131 18 strengthened straightned 135 27 a litle a title 136 12 you knowe of you knowe out of  34 to edifie to deifie 137 22 shriued shryned 142 15 had at Rumney did at Rumney  21 vpon theÌ„ to the laste man. vpon them and slue them to the last maÌ„ 143 16 Badhenham Hadhenham 147 3 to the wood into the wood  13 in a place stronger stronger in a place 150 32 had receiued her had recouered her 155 2 then order then ordered 156 19 Borieux Baieux 159 17 vsed in haue vsed in   After the page 160. amende the numbers of the next eight pages following  161 3 to the very end to the very same end 162 9 landed in Pontein landed in Pontieu  10 angeon poieton angeou poietou  24 and conuerture and couerture 163 15 eight carnes eight Carews 166 18 procured the Pope procured of the Pope 167 18 conteined foure contented foure 169 8 in weald in the weald 174 34 pronounce it of pronounce of 177 10 and in a companie and in the company 178 3 Augustine Augustines 180 15 cydÆ¿itE cyldÆ¿itE 181 10 possession profession 182 29 take out these foure words as it is sure  187 25 if you offer if you offered 190 11 Kemsley towne Kemsley downe 191 18 harted in his harted to his 192 7 preachment after in which after 193 11 exercerentur exercentur 195 2 þƿangcEastsE þƿangcEastrE  15 Thongraster or Thwangraster Thongcaster or Thwangcaster 209 29 the very first their very first   After the page 211. amende the numbers of the two next pages following  214 10 not greatly not greedely 219 8 Kings reward Kings awarde 220 13 on the otherside they on the other side 222 13 church adioyning churches adioyning 228 18 chart of donation charter of donation 229 8 the iustice of the iniustice of 233 31 hath nowe susteined hath susteined 236 6 dissolued the. dissolued there  13 and like the. and let the. 241 22 Claredowne Clarendune 243 19 writeth it twyteth it 244 26 not their manner not the manner 247 6 was giuen then was giuen them 251  in the margine S. Sepulchres S. Stephans 252 29 to maugre his myter race maugre his myter to race 261 26 gotten by patterne gotten by periurie 262 34 with might with night 264 18 sufficiently defended sufficiently defenced 270 5 and yet loste and yet lefte 271 13 recitall of the recitall of  22 Gibmandus Gibmundus 272 2 Alstanns Aelsstanus  15 Gualeramus Gualerannus 273 1 and there it is and there is 276 28 Cadishe Achates 279 16 tythed the number tythed that number 282 25 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  33 displeasure receiued displeasure coÌ„ceiued 283 4 pountion pountion  12 pountion pountion 289 2 againe the Britons against the Britons  6 stede of Horse stede of Horsa   In the margine of the page Horstede borne in Horstede barne nere 295 23 lesse worthy lesse worth 296 19 Borieux Baieux 297 13 strengthened straightened 299 29 accomplement accouplement 304 8. 9 debet sull debet 3. sull  15 de Althe de Athle  24 Nedestane Medestane  27 Heyburne Heyhorne 313 19 and. 2. Ric. 2. 316 26 wearinesse warinesse 317 11 as is in as he is in 318 16 put our seales put to our seales 325 12 that number
finde in a Recorde that Thomas Arundell an other Bishop of the same Sée foūded a Chaunterie at Maidston which whether it be the same that was sometime called the house of the Brothers and but lately conuerted by the Townesmen into a Frée schoole or no I will not boldely affirme but I thinke it rather so then otherwise Of the Bridge I finde no beginning but I suspect that it rose by the Archebishops whiche were not onely owners of the Palaice hard by as you sée but Lords and Patrones of the whole Towne and Church also And thus muche onely of the Town as touching the Riuer of Medwey it séemeth to haue beene so named either because it stood in the midle of the Kentish Kingdome or els for that it ranne midde betwéene the two Bishopricks For the woord Midƿeg signifieth nothing els but the Midway as Middeg dothe noone or Midday onlesse happely some man would rather haue it called Medpoeg bicause of the meddowe that it maketh all along the course of the same This Riuer is increased by the foure principall Brookes that runne into it whereof to beginne at the West the first springeth about Crowherst in Surrey not farre from the head of Darent it falleth to Eton-bridge and taking in the way Heuer Penshreste and Tunbridge ioyneth with the second at Yealding The second ariseth at Blackbrooks in Waterdown forest not fully a mile from Eredge the Lord Aburgennies house and commeth to Beyham to Lamberhirst streete and to a place in Scotney ground called litle Sussex where it méeteth with a small brooke called Beaul that springeth at Tishirst thrée miles of and giueth the name to Beauldbridge from whence they ioyne in iourney to Horsmondon and Merden and there mingling with the third they runne altogether to Yalding The third Brooke taketh beginning aboute Greate Charte and descendeth to Hedcorne Stilebridge and Merden The fourthe and last breaketh out of the ground at Lineham washeth the Castle of Ledes a litle from whence it receaueth the small water of Holingburne in a companie of the same passeth toward Maidstone At whiche place as I thinke the name of Medwey first beginneth the rather bycause it hathe there receaued all his helpes and crossing the Shyre as it were in the midst laboureth from thence in one entier Chanel to finde out the Sea. For otherwise the Riuer it selfe is properly called Egle or Eyle of whiche bothe the Towne of Ailesford and the Castle of Alington or rather Eylington doe take their names If I faile in this deriuation the fault for the firste part is his that made the Chart of this Shyre then the follie is mine that followe him but the trueth notwithstanding is easily to be found out by any man that wil make inuestigation and examine it and our trespasse also herein more veniall for that we go not about to shadowe it Piccendene Hothe commonly but aunciently written Pinenden of Pinian to punishe and so it soundeth the place of Execution or punishment RObert the Duke of Normandie had issue by a Concubine whose name as the Annales of S. Augustine reporte was Harlothe and after whom as I coniecture suche incontinent women haue euer since béen called Harlots thrée Sonnes that is to say William that afterward subdued this Realm Robert that was created Earle of Moretone and Odo that was first consecrated Bishop of Baieux then Earle of Kent and lastly Lieutenaunt or Vicegerent of this whole Realme vnder William his Brother Robert was reputed a man of small courage wisedome and learning and therefore passed his time in gloriously But Odo was found to be of nature so busie gréedie and ambitious that he moued many Tragedies within this Realme and was in the end throwen from the Stage and driuen into Normandie as hereafter in fitte place shal be more amply declared In the meane while for this present place and purpose I finde that during his aboade in Kent he had so incroched vpon the landes and Priuileges of the Archebishopricke of Canterbury and Bishopricke of Rochester that Lanfranc being promoted to that Sée of dignitie and finding the want complained to the King and obteined that with his good pleasure they might make triall of their right with him To the which end also the same King gaue commission to Goisfrid then Bishop of Constance in Normandie to represent his owne person for hearing of the controuersie caused Egelric the Bishop of Chichester an aged man singularly commended for skill in the Lawes and Customes of the Realme to be brought thether in a Wagon for his assistance in Counsell commaunded Haymo the Sheriffe of Kent to summon the whole Countie to giue in euidence and charged Odo his brother to be present at suche time and place as should be notified vnto him Pinnendene Heathe lying almost in the midst of the Shyre and therefore very indifferent for the assembly of the whole Countie was the appointed place and therevnto not onely the whole number of the moste expert men of this Shyre but of sundrie other Countries also came in great frequencie and spent thrée whole dayes in debate of these Bishops controuersies concluding in the end that Lanfranc and the Bishop of Rochester should be restored to the possession of Detling Stoce Preston Danitune and sundry other landes that Odo had withholden And that neyther the Earle of Kent nor the King him selfe had right to claime any thing in any the lands of the Archebishop sauing only these thrée customes whiche concerne the Kings highe waies that leade from one citie to an other that is to say That if any of the Archebishops tenaunts should digge in suche a highe way or fell a trée crosse the same to the hinderaunce of common passage and be taken with the manner or conuinced thereof by Lawe hee should make amendes to the King therefore And likewise when hee did committe bloudsheade manslaughter or any other criminall offence in suche were deprehended doing the fault that the amēds therof belonged to the King also but in this latter case if he were not taken with the manner but departed without pledge taken of him that then the trial and the amends perteined to the Archebishop him self and that the King had not to medle therewith On the otherside also they agréed that the Archebishop had many Priuileges throughout all the Landes of the King and of the Earle as namely the amerciament of bloudshed from suche time as they ceasse to say Alleluia in the Churche seruice till the Octaues of Easter the whiche howe long it is let them sée whiche can turne the Pie and the Portuse and at the least the one half of euerie amerciamēt due for the vnlawfull begetting of children commonly called CySƿite whiche last thing I do the rather note to the end that it may appeare that in those dayes the Bishops had not wholy gotten into their hands the correction of adulterie and fornication whiche of latter times
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
the Customes it selfe And in this behalfe also some haue doubted whether the Brother or Vncle shall haue the aduantage of this Custome bicause the wordes thereof extend to the Sonne only but let vs procéede There belongeth moreouer due by the Tenant to each common person being his Lord of Land in Gauelkind Suite to his Court the oathe of fidelitie and the true doing and payment of all accustomed Rents Dueties and Seruices Also if the Tenant dye leauing his Heire within the age of fiftéene yeares the Lorde hathe authoritie to committe the nouriture of the body and the custodie of the goods and landes of the infant to the next of the kinred to whome the inheritance cannot descend But as neither the Lorde ought to take any thing for the custody neither to tender to the Heire any marriage at all So must he take good héede that he credit not the custodie to any person that shall not be able to answere therefore For if the Heire at his full age of fifteene yeares shall come to the Lordes Court and demaunde his inheritance although the Lord may distreine the Gardien to yeelde his accompt as it appeareth 18. E. 2. Auowrie 220. Yet in defaulte of his abilitie the Lord himselfe and his Heires remaine charged to the Heire for the the same Furthermore if the Tenant shall withdrawe from the Lord his due rents and seruices the custome of this Countrie giueth to the Lorde a speciall and solemne kinde of Cessauit and that after this manner The Lord after suche a Cessing ought by award of his thrée wéekes Courte to séeke from Courte to Court vntill the fourth Court in the presence of good witnesse whether any distresse may be found vpon the Tenement or No And if he can finde none then at the fourth Courte it shal be awarded that he shall take the Tenement into his handes as a distresse or pledge for the Rent and seruices withdrawne and that he shall deteine it one yeare and a day without manuring it within whiche time if the tenant come and make agréement with the Lord for his arrerage he shall enter into his tenement againe but if he come not within that space then at the next Countie Courte the Lord ought openly to declare all that his former procéeding to the end that it may be notorious which being done at his owne Courte next following the saide Countie it shal be finally awarded that he may enter into that Tenement and manure it as his proper demeane And that the forfaiture due to the Lord for this ceasser of his Tenant was fiue pounds at the least besides the arrerages it doeth well appeare by the olde Kentishe by word recited in the often remembred treatise of these Customes Neg he syth seald and Neg he syth geld And fiue pound for the were er he become healder That is to say Hathe he not since any thing giuen nor hathe he not sence any thing payd Then let him pay fiue pound for his were before he become tenant or holder againe But some copies haue the first verse thus Nigond sithe seld and nigon sithe gelde That is Let him nine times pay and nine times repay And here by the way it is to be noted that this word were in olde time signified the value or price of a mans lyfe estimation or countenance For before the Conquest each man in the Realme was valued at a certain sūme of money hauing regarde to his degrée condition and woorthinesse as is more at large shewed in the Table to the translation of the Saxon lawes wherevnto for this purpose I will send you This custome of Cessauit is set foorth in the treatise of Customes and hathe béene allowed of as Maister Frowike 21. H. 7. 15. reported in time passed but whether it be also at this day put in vre I cannot certainely affirme But nowe as these aduantages arise to the Lorde from his Tenant So on the other side the Lord also ought to suffer his Tenant to enioy the benefite of such customes as make for his auaile And therefore first he ought to let him alien his land at his owne pleasure without suing to him for licence He ought also to be contented with one suite to his Court for one tenement althoughe the same happen to be diuided amongst many of verie right also he ought to admit an Essoine if any be cast for the Tenant whether it be in a cause of Plainte or for common suite to his Courte And lastlie he may not exacte of him any manner of othe other then that of Fidelitie whiche groweth due by reason of his Tenure And thus leauing the Lorde and his Tenant let vs come to the husband and the wife and first shew what courtesie the husband shal finde by order of this custome after the death of his wife that was seised of landes of Gauelkind tenure and then what benefite the wife may haue after the decease of her Husband dying seased of Landes of the same kinde and nature The Husband saith our treatise of Gauelkind Custome shall haue the one halfe of suche Gauelkind land wherein his wife had estate of inheritance whether he had issue by her or no And shall holde the same during so long time as he wil kéepe him selfe widower and vnmarried For if he marrie he looseth all Neither may he committe any waste more then Tenant by the courtesie at the common lawe may So that one way namely in that he shall haue his wiues land for lyfe thoughe he neuer had issue by her this our Custome is more courteous then the common lawe but an other way I meane in that he shall haue but the one halfe and that with a prohibition of second marriage it is losse beneficiall Howsoeuer it be it holdeth place and is put in practise at this day The wyfe likewyse after the death of her Husband shall haue for her lyfe the one moitie of all such landes of Gauelkind tenure whereof her Husband was seised of any estate of inheritance during the couerture betwéene them Of whiche Custome also though it excéede common measure the common lawe of the Realm bearing alwaies speciall fauour to Dower hath euermore euen hitherto shewed good allowance Neuerthelesse as tenant by the courtesie after this Custome had his cōditiōs annexed so tenant in Dower by the same Custome wanteth not some conditions following her estate One that she may not marrie at all an other that she must take diligent héede that she be not found with Childe begottē in fornicatiō For in either case she must loose her Dower But yet so that lawful matrimonie is by a meane contrarie to the Apostolique permission vtterly forbidden And the sinne of secret Lecherie according to the Popishe Paradoxe Si non caste tamen caute is in a sorte borne and abidden Seing that by this custome she forfeiteth not in this later case vnlesse the childe be borne and heard to crye and
that of the countrey people assembled by hue and crye For then sayth the custome Se that his wende Se his lende But corruptly for in true Saxon letters it stādeth thus Se þat Hire ƿende Se Hire lende That is to say He that dothe turne or wende her Let him also giue vnto her or lende her And thus the custome making like estimation of both the cases depriueth her of her liuing as well for honest marriage as for filthy fornication In whiche behalfe as I must néedes confesse that the later condition hath reason bycause it tendeth though not fully to the correction of sinne and wickednesse So yet dare I affirme that the former is not onely not reasonable but meerely leud and irreligious also For although the Ethnickes did so much magnifie wydowhood that as Valerius reciteth Faeminas quae vno matrimonio contentae erant corona pudicitiae honorabant and although that the common law also being directed by the Popishe Clergie whiche therin followed the errour of Ierome dothe in another case by the name of Bigamie dislike of a womans seconde marriage Yet Sainct Paule sayth plainely Mulier si dormierit maritus eius libera est vt cui vult nubat modò in Domino But yet for all this séeing that our treatise of vsages reciteth it séeing also that common experience of the countrey approueth it and that the common lawe of the Realme as it may be read Praerogatiua Regis Cap. 16. 2. H. 3. in Praescription 59. admitteth it let vs also for this place and purpose be cōtented to number it amongst our customes and so procéed with the residue It appeareth by that whiche is already sayde that the common lawe and this custome differ in two things concerning Dower One in that the common lawe giueth but a thirde parte whereas the custome vouchsafeth the halfe Another in that this custome giueth conditionally whereas the gifte of the common lawe is frée and absolute Nowe therefore there remaine to be shewed certeine other pointes wherein they varie also As if the husband commit Felonie at the common law his wife hath lost her title of Dower but by the custome of this countrey she shall not loose her Dower for the faulte of her husbande but only in suche case where the heire shall loose his inheritance for the offence of his father Which thing is manifest both by the treatise of our Kentishe customes and by the opinion of the Court 8. H. 3. Praescription 60. At the common lawe also the wife shall be endowed of a possession in lawe but as me thinketh she shall haue no Dower by this custome but onely of suche landes whereof her husband was actually and really seised For the wordes be Des tenements dount son Baron morust seiset et vestu which word vestu being cleane omitted in the imprinted booke inforceth a possession in déede and not in lawe only And therefore if landes in Gauelkinde descend to a married man whiche dyeth before he make his entrie into the same inquire whether it be the manner to endowe his wife therof or no for vse is the only Oracle that in this case I can sende you vnto Againe at the common law a woman shal be endowed of a faire or of any such other profit But for as muche as the wordes of this customarie Dower be terres tenements and for that all customes shall finde a literall and streight interpretatiō the opinion of Maister Parkins is that no Dower lyeth of a faire by this custome Furthermore if the wife recouer her Dower at the common law she ought of necessitie to be endowed by metes and boundes But in Dower after this custome sayth the same authour she may very well be endowed of a moitie to be holden in common with the heire that inioyeth the other half Lastly this custome besides Dower of the one halfe of the husbandes lande prouideth Dower of the moitie of suche goods also as he dyed possessed of if he had no children and of the thirde part though he leaue issue wheras the common lawe at the least in common practise at this day hath no consideration of any suche endowmēt These then be the differences betwéene the common lawe of the Realme and the particular custome of this countrey concerning Dower the comparison whereof and whether sort of Dower is more beneficiall I will not now attempt and much lesse take vpō me to determine least I my selfe might séeme rashly to preiudicate in another thing wherin I most gladly desire to be iudged by other men namely whether a woman intituled to Dower in Gauelkind may waine her Dower of the moitie after this custome and bring her action to be endowed of the thirde at the common lawe and so exempt her selfe from all danger of these customarie conditions or no The Resolution of whiche doubte will depend chiefly vpon comparison whether it be more aduauntage to her to haue the thirde at the common lawe absolutely or the moitie by the custome conditionally For if the Dower at the common law be better for her then it séemeth reasonable that she should stande to the worse whiche is the custome euen as tenant by the curtesie must take the moitie that the custome giueth and not aske the whole as Common lawe appointeth And yet thereto it may be replyed that the cases be not like for so muche as that of Dower is much more to be fauoured I my selfe once heard two reuerend Iudges of opinion that the woman was at libertie to aske her Dower of the Thirde or of the Moitie But bycause it was vttered by them in a passage of soudaine speache and not spoken vpon studied argument I will not vse the authoritie of their names to get the matter credite with all but leaue it at large to be better inquired of After the husbande and the wife there followeth next in order of our diuision the childe and his Gardein whom also since they be Relatiues as the other be and that their interests carrie a mutuall and Reciproquè eye eche hauing respect to other we will likewise couple together in one treatise And bycause the custome was wont to commit the custodie not of the landes only as the common lawe doth but of the goods and chattels also we will first shewe what portion of goods did growe to the childe by the death of his parent The manner of this countrey somtime was as it appeareth by our olde treatise that after the funeralles of the deade man perfourmed and his debts discharged the goods should be diuided into thrée equall portions if he lefte any lawfull issue behinde him of whiche three one parte was alotted to the deade for performance of his legacies another to the children for their education and the thirde to the wife for her sustentation and maintenance But if he had no children left on liue then was the diuision into two partes onely of whiche the one belonged to the wife
of the first and second point of their assertion doe builde vpon the wordes of our written Custome where it is saide Del heure que ceux heirs de Gauelkinde soient ou ount passe lage de 15. ans list a eux lour terres tenementes Doner Vender in whiche the wordes Ceux Heires doe restraine the Infant that commeth in by Purchase And Doner Vender in the copulatiue for so they lye in déede though the imprinted booke haue thē disiunctiuely doe of necessitie implye a recompence for as muche as Vendere cannot be Sine precio And for maintenance of the third matter they haue on their part besides the common vsage of their owne Countrie the common lawe of the whole Realme also which expoundeth the word Doner to meane a Feoffment as I haue before shewed and whiche not onely disaloweth of any gifte made by an infant but also punisheth the taker in trespas vnlesse he haue it by liuerie from the infantes owne handes Thus haue I runne ouer suche customes as by meane of this Gauelkinde tenure doe apperteine eyther to the Lorde or the Tenant the husbande or the wife the childe or the Gardein To these I will adde as I promised confusedly a fewe other things of the whiche some belong generally to the Kentishe man throughout the whole Shyre Some to the inhabitants of some particular quarter of the countrie and some to the tenants in Gauelkinde onely and to none other It appeareth by claime made in our auncient treatise that the bodyes of all Kentishe persons be of frée condition whiche also is confessed to be true .30 E. 1. in the title of Villenage 46. in Fitzherbert Where it is holden sufficient for a man to auoide the obiection of bondage to say that his father was borne in the Shyre of Kent But whether it will serue in that case to saye that him selfe was borne in Kent I haue knowne it for good reason doubted It séemeth by the same treatise that suche persons as helde none other lande then of Gauelkinde nature be not bounde to appeare vpon Sommons before the Iustices in Eire otherwise then by their Borsholder and foure others of the Borowe a fewe places only excepted The like to this Priuilege is inioyed at this day in the Sherifes Lathe where many whole Borowes be excused by the onely apparance of a Borsholder and two foure or sixe other of the inhabitants Furthermore I haue read in a case of a written report at large of .16 E. 2. whiche also is partly abridged by Fitzherbert in his title of Praescription that it was tried by verdite that no man ought to haue commen in landes of Gauelkinde Howbeit the contrarie is well knowne at this day and that in many places The same booke sayeth that the vsage in Gauelkind is that a man maye lawfully inchase or driue out into the highe way to their aduenture the beastes of any other person that he shal finde doing damage in his land and that he is not compellable to impounde them which custome séemeth to me directly against the rule of the common lawe But yet it is practised till this present daye The Parleament 15. H. 6. 3. minding to amplifie the Priuileges of Gauelkinde graunted to the tenants of that lande exemption in Attaints in suche sort as the inhabitants of auncient demeane and of the Fiue Ports before had But within thrée yeares after vpon the complaint of some of the Gentz of the Countrie whiche infourmed the Parleament house that there was not in the whole Shyre aboue the number of 30 or 40. persons that helde to the value of 20. li. land out of Gauelkinde who in default of others and by reason of that exemption were continually molested by returnes in Attaintes that Acte was vtterly repealed The Satute .14 H. 8. Cap. 6. giueth libertie to euery man hauing high way through his Land in the Weald that is worne déepe and incommodious for passage to lay out an other way in some suche other place of his land as shal be thought méete by the viewe of two Iustices of the Peace and twelue other men of wisedome and discretion Finally the generall Lawe made 35. H. 8. 17. For the preseruation of Copies woodes thorough out the Realme maketh plaine exception of all woodes within this Weald vnlesse it be of suche as be common Thus muche concerning the customes of this oure Countrie I thought good to discourse not so cunningly I confesse as the matter required nor so amplie as the argument would beare for so to doe it asketh more art and iudgement then I haue attained But yet sufficiently I truste for vnderstanding the olde treatise that handleth them and summarily inough for comprehending in manner whatsoeuer the common or Statute lawe of the Realme hath litterally touching them whiche is as muche as I desired Now therefore to the end that neither any man be further bound to this my discourse vpon these customes then shal be warranted by the Customes thēselues neither yet the same customes be henceforth so corruptly caried about as hitherto they haue béene but that they may at the length be restored to their auncient light and integritie I will set downe a true and iust transcript of the very text of them takē out of an auncient and faire written roll that was giuen to me by Maister George Multon my Father in lawe and whiche some time belonged to Baron Hales of this Countrie I wil adioyne also mine owne interpretation in the English not of any purpose to binde the learned vnto it but of a desire to infourme the vnlearned by it Kent Ces These sount are les the vsages vsages les and custumes customes les the ques which le the comunaute comunalty de of Kent Kent cleiment claimeth auer to haue en in the tenementz Tenements de of Gauylekende Gauelkinde e en in gentz the men of Gauilekendeys Gauelkind * allowes en Eire Iohn de allowed in Eire before Iohn of Berewike Berwike e sos compagnions and his cōpanions Iustices the Iustices en in Eire Eire en in Kent Kent le the 21. 21. an yeare le of Roy Ed. fitz le Roy Henrie * Cestascauoir que toutes les King E. the Sonne of King Henrie * That is to say that all the cors bodies de of Kenteys Kentishe seyent men frācz be free auxi aswell come as les the autres other fraūz free bodies cors of Dengleterre England Et que ilz ne duiuent le eschetour le Roy And that they ought not the Eschetor of the King to elire chuse ne nor vnkes euer en in nul any temps time ne fesoint mes le Roy prengne ou did they But the King shall take or face prendre tiel come luy plerra de ceo qui soit cause to be taken suche an one as it shall please him to serue him mistier a luy seruir Et