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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.
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.
A public domain book is one that was never subject to copyright or whose legal copyright term has expired. — Lands lield by an ancient military service are not Garelkiad^ — Effect of the abolition of Feudal Tenures.
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; or by searching the Escheat Rolls made up from his return at the Exchequer. This inquisition has been published by the Kenliiili ^"i Archfi Bological Society, vol. in the Book of Aid and the Feodary of Kent ^ \ fll^l The manor of Marley, in the same parish, was held by knight-service of the same barony from the time of the Conquest. 297 guard) was held immediately after the Conquest in barony of the king, being one of the knight's-fees forming the Constabulary, or estate of the Lord Warden of Dover Castle.
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. quisitiou * to have held this estate in capite ^ as one knight's-fee. In Pimpej.- 50 acres of arable, with meadow land, and rents of assize : in Egerton, 20 acres, held of the archbishop \ William de Barming died in 22 Edw. ', and was suc- ceeded by his son, Eobert, holding these estates, as above ^ mentioned, until his death, 31 Edw. Soon afterward X^ s the estate was divided, and John de Fremingham paid th* ^M=ie aid for making the Black Prince a knight on two-third^:3ds of it, scilicet^ the manor and 100 acres in West Barmin^5.-g. The whole manor is recorded as one kni^l's-lee • Hast T.
rather serfs, holding land which, in the eye of the law, was in the same tenure as the lord's portion. By the measurements of the Parliamentary Commission in 1649, appointed to survey the estates of deans and chapters, it was found that the estate comprised 184 acres. L 37, to have held this manor and advowson, with Cockride in Bilsington, in capite by knight-service. Besides these estates, and entirely distinct from them, these brothers had jointly been seised of gavelkind lands held of dif- ferent lords. oommoii law as to the manor and airoim Q^ or a t by jfi B^mily ammgement.
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. It is perhaps worth noticing that by the Domes- day Survey it contained one "suling'' of land. Sir Thomas de Normanville was found by inquisition, 11 Edw. The same cause, therefore, which limited the number of copyholders in Kent, limited also the extent of the estates held by knight-service. But John Adam held other lands which had not anciently been of military tenure. A distinction was made between the lands held of the king in capitej which the eldest brother had inherited, and these gavelkind lands. tam de illis quee tenentur de domino rege in capite, quam de illis quas tenentur de diversis dominis in gavelkynde.") Another Thomas de Normanville died seised of this manor and advowson, held by knight-service in 11 Edw. Yet Hasted tells us that it was divided with the ad- vowson among co-heirs in gavelkind*. been mistaken in his deduction from the facts of the case ; there may have been a division of gavelkind lands comprised in the estate among co-heirs, and a descent at * Hasted's account is wrong. In the same year Sir Hngh Halsham died seised ^ Ae andent kniglit H9erviee manor of Brabonme, and tir»-tihads of the adyowson of Hinxhil L The former estate iras ime of the thirty manors in Kent held in barony by fii^ de Montfqrt at the Conquest, and in the rdgn ef Edm I. Leger died holding by knight- service the manor of Ulcombe, and a very large estate in the parishes of Little Chart, Pluckley, Frittenden, Lenham, Boughton Malherbe, &c. 299 moigne, and being alienated by the Abbot of St. In Kent, by a special privilege, the cultivators or villeins were, with few exceptions, freeholders. This agrees very well with the notes on the dimensions of the Kentish suling in another chapter. The jury found that the moiety of these lands descended to the said Ealph, as co-heir of his brother. If hk statement is tni% it is evident that a mistake was committed. 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. 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. 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. This manor (as was mentioned in the chapter on castle- to Sybil Frognall, from whom it came to William Frognall^ as mentioned above. We have seen that it was still held by knight-service in 22 Hen. I., with his relation of the same name who owned this estate at his death in 11 Edw. We &id no Qooonnt of any demesne lands comprised in it 1^ tite date of Domesday Bw Au Indeed, we are told in that aarrey that '^ a oertam socage tenant held it of the late kii^.'' It is remarkable, therefore, that the ad TOwson shoidd have been descendible at common law, inasmuch as any demesnes afterwards reserved must haye been gaye Qand* But the question would not arise while it was appendant to the manor. It was given in francalmoigne in the tenth century to the Archbishops of Canterbury, and appears in every roll of knight^s-fees since the reign of William the Conqueror. At the Conquest it formed part of the abbot's barony.