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+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. •THE writer has endeavoured, in a short review of the history of the tenures of Kent, to* shew how much less land in the county is of the nature of gavelkind, than has been commonly presumed. Socage of this kind was called " frank-ferme," {libera ♦ Co. /rma *) ; it was never confused with ancient socage -or gavelkind. This manor was owned by the g W* Kentish family of Montchensie. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Much assistance has been derived from the unpublished collections of the chief Kentish writers, as Lambarde, Philipot, and Hasted, now in the British Museum, as well as from the official records: The number of cases continually increases in Kent, in which a doubt as to the tenure prevents any free dealing with the land. The whole number of knight's-fees in Kent was, in the reign of King John, 254. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. — Antiquity of the law of real property in this County. — What was not Gavelkind «t the Conquest cannot be now dealt with as such. In Kent, by a special privilege, the cultivators or villeins were, with few exceptions, freeholders. There are, however, one or two points to be noticed in this inquisition. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. — The law of Gavelkind a fragment of the old Common Law. — Exception to this rule.— What was Gavelkind at the Conquest is so now. The same cause, therefore, which limited the number of copyholders in Kent, limited also the extent of the estates held by knight-service. Swanscombe at the time of the Conquest was a y&j large and important manor held in barony by Odo of Bayeux. ^ Among other illustrations of the freedom of the tenure of these lands held of Eochester Castle, the Pedes Finium shew that the demesnes of the^ manor of Eccles were " out of gavelkind," the widow receiving one-third as her dower at common law. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Whilst feudal tenures subsisted, and the Court of Wards and Liveries was in being, a complete information could he gaitied of almost every manor and estate of cofisequ^ice of whi^ any one died possessed, cither by searching that office for the solemn inquisition, usually styled inquisitio post mortem, taken after the pos- sessor's death by the king's escheator on the oaths of a jury, &c. The manor of Tirlingham included that of Newington Bertram, of which, with several rents-service from the freeholders, Sir R. The service due to the Crown from Tirlingham was the re- pairing a moiety of a certain hall and chapel in Dover Castle, and paying castleguard rents 7. Hoz8eiiioiidfini| however, was not of this last-mentioned kind. It was one of the sixty- six military estates inherited by the heir at oommoa law of Gilb^ de Clare% and of which his widow was endowed. • Hut i L descended to the heir at oommon law of Biohnd de latia *, 281 who had held it apparently by oastlegaaid. It was shewn in a former chapter that this is a plain proof that no part of the land recovered was gavelkind ^. Sir Giles de Badlesmere hel^A it as two knight's-fees by castleguard in 12 Edw. Sussex, with matters relating to a U the manors and lands there claimed by the (supposed) heirs in gavelkind, and other materials for an accurate account of the tenures of Kent. which were purchased of his executors is marked in the British Museum Catalogue, "Add. Before the date of the second disgavelling act he had acquired the i^hole fee of his family estate at Sissinghurst, and the lands of the Trinity Chapel near Cranbrooke (now destroyed). Be- sides the account given by Hasted, his will and the inqui- sition taken on his death should be examined, as well as . Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. ; or by searching the Escheat Rolls made up from his return at the Exchequer. Leveland was another of the ancient possessions fs only of this fact, the in- quisitions taken on the t ths of Humphry, Duke of'^ Buckingham, and Edmund, irl of March, in S9 Hen. The fonner recounts the military estates of which the ' Duke died seised (38, 39 Hen- VI. + Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. — Expense and dii Bculty caused by uncertainty as to Tenure. — Presumption that primd facie all lands in the County are of this nature. — Lists of these lands taken in each reign while the Feudal System remained. — Uncertainty as to Tennre now removed by the publication of the records.— Distinction between anperior and inferior Tenures. These estates were as numerous here [as in other counties of the same size, but each of them was smaller. It contained no less than ten "sulings'^ of arable land, including the three ploughlands of demesne. We encourage the use of public domain materials for these purposes and may be able to help. It will be found, however, that the aggregate of "military lands'' in the free manors of this county is very considerable. II., we may remark that there was in fact a great change in Kent from knight-service to socage, as will be presently shewn. Soon afterwards the tenure was changed to castleguard of Eochester Castle, and the services were later commuted for a money rent.

Whether a book is in the public domain may vary country to country. The disinclination to enquire into the tenure of par- ticular lands is partly due to a mistaken impression that after all there was not much land in the county which •= Thus when Hasted wrote his history, he said: "The difficulty of procuring any knowledge in relation to them (descents and changes of property) becomes every year greater. The manors marked, * were held by castleguard rent-service to Dover Castle. the repair of the Penchester tower in the same castle, before the service was commuted for a rent in money. It was for this : said in Kirhtf Let^s Case^ that although no gayelkiiid held in capite as of the Crown, yet certain gaydkind luids were held ^^in capite of the ardibishop.'') . tioned in the Bed Book of the Excheq Uw*, the Tutaie Nev Uj and many times in the Escheat Bolls, to have been originally held by knight-service. we find that Boyda de Jkf Wt v A Bichard de Chilham, her hnsband, reooy^red this urittte hy wit of right and trial hy hatt U. Ent Paramour f, on which Bobinson founded a doubt whether trial by battle was not allowed in actions for cugtomary lands, has been shewn not to be applicable, the land there in dispute not being gavelkind as he supposed, but shewn by all the ancient ro Us of knight's-fees to have been ori- ginally and continuously held in a military tenure. Paramour is mentioned in the inquisition which we are now oonsideringj Bcilieet, two- thirds of a knight's-fee in Harty. IIL the manor of Erith was found to be hell of the king by homage and fealty in capite ^ ; and in the next reign it was declared by a jury to be a member of the barony of Chilham "". the best shall be taken by the king J ;" accordingly it w^^is Co. It may be here remarked, as an instance of the inac- curacy of some of the Kentish historians on the subject of tenures, that Harris, after mentioning the preceding Acts, remarks, "no doubt very many estates in Kent have been since brought into the same circumstances ♦," • Hist, of i.e. Among those which were refused, were several valuable documents, including a copy of the Book of Aid with Petit*s notes, a collection of private and personal acts relating to the county of Kent, a copy of the proceedings in the " gavelkind case" of Lennard v. 393 of Morehouse, and the lands of Combwell Priory, with many other manors and lands in Kent, more fully de- scribed in the inquisition taken on his death in 1558. He died in 1559, owner of very large estates in Kent, the greater portion of which were either held by ancient knight-service, or had been disgavelled before 1548. In the next year he received a grant of Chilham Castle and manor, with its lands in twelve boroughs, and its twelve dens in the Weald {U dennis in Le Wild\ with Poynings Marsh in Tenham, and other lands most minutely described by ■ Lewis, Hist. YIIL the King granted to him the manor of North Cray, with lands in that parish (which were aliened to Sir Martin Bowes), besides other manors and lands ^. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. The above-mentioned court was abolished at the restoration of Charles II., and these helps arc now lost to the laborious historian." 286 The Tenures of Kent [chap. 59), and which were inherited by his eldest son b heir male*. Public domain books belong to the public and we are merely their custodians. UKCIBTAIKT7 in Kent as to what lands are held in Gavelkind. — Serjeanty.— Castleguard^ — Military Tenants of Ancient Demesne. rather serfs, holding land which, in the eye of the law, was in the same tenure as the lord's portion. The list of these estates cving the tenure of those lanil^ and manors which formed portions of the great baronial estates ; but it is sometimes hard to do so in the case of small estates which were imimportant in ancient times. This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. For example, wo have seen that nearly half the knight's- 284 The Tenures of Kent. Another good authority is " the roll of Blanch-lands in Kent,'' in which are set down the names of those estates on which an aid was levied when, in 4 Hen. From these and the like sources information may be gained as to the tenure of each manor in the county from the Conquest until the abolition of feudal tenures ; and it is of course easier by a great deal to trace the history of an estate from the last-mentioned date to our own time. Eythome, which was held by the Earl of March in tfc^e '' See ante, Fettes v. I.^) It was entitled, "An Act for * This Act is generally quoted with an apparent inaccuracy, as if the two persons first-named were alive at the date of its passing. This might easily lead to mistakes in en- deavours to identify the lands affected by it. Thirdly, those mentioned in the Act of 2 and 3 Ed- ward VI. the manors and lands of Teston, Hunton, West Farleigh, and others which had belonged to Sir T. The records called Originalia for the 32nd, 33rd, 34th, and 36th years of Henry VIIL, and the 2nd year of Edward VI., shews grants to Baker of Abbotsmarsh, the reversion that Hasted possessed a copy, which was offered among his other collec- tions to the Trustees of the British Museum after his death. f Essex)j wben all his lands were disgayelled *• In his vm. 35tli year the Eing granted to him the site and lands of Davingtou Priory^ with two-thirds of the manor of + oruj. Monktonj and lands in many parishes +, Among his other viii, 68. Most of the customary lands belonging to his family had been disgavelled in 11 Hen.

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It has survived long enough for the copyright to expire and the book to enter the public domain. — Lands held in ancient Franc- almoigne are not now Gavelkind. But before these records were arranged and thrown open to the public, the case was diflterent. Its short title is, " Sir John h XVI.] Disgavelled Lands. We may now very briefly give the lists of persons whose estates were disgavelled by the various Acts men- tioned in this chapter, with a few references to the records, which contain authoritative descriptions of their lands. "^ Eivers' Bill/' as in the journals of the House of Commons for 1624 : "27th May. Rivers' bill came down from the Lords with alterations." '■* In addition to the copies of this Act above described, we may notice 392 The Tenures of Kent [cbaf, I, Persons whose names appear both in the Act 31 Hen* YIII. It is much to be regretted that more of his private MSS. (The case was re- moved to the Chancery Court formerly held in St. The list of his estates, though set out in the inquisition, is too long for insertion here, but the following references will indicate the position of a great portion of his dis- gavelled estates. disgavelled lands were the site and possessions of St. 29 burg Vs Nunnery in Sheppeyl^ lands belonging to the s*&. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. 11 t- ■¥ -Srir t\ aarvar«i College Library, 22 May, 1890. E W OUUNEY, ttn^ ;i^17» ^ (rintcb bji |amtt |^aiktt snb Co., Crobn-ssrb, #fforb. In such cases, it is hoped that this short handbook may be of some practical utility. A knight's-fee being then worth £20 a-year, we see that the aggregate of the estates which did not lie in gavelkind was about £5,000 a-year, which must have been a large fraction of the value of the whole lands of the county, considering the difference in the value of money.

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