The Tenures of Kent

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Parker and Company, 1867 - Feudalism - 424 pages
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Page 186 - White and others, to hold as of his manor of East Greenwich, by fealty only, in free and common socage, and not in capite, or by knight's service.
Page 73 - And be it further enacted by the authority aforesaid, That from and after the said four and twentieth day of June all devises and bequests of any lands or tenements, devisable either by force of the statute of wills, or by this statute, or by force of the custom of Kent, or the...
Page 362 - I think it very probable that questions may arise upon the subject ; you find it generally laid down, that all lands in Kent are gavelkind, and that, therefore, no great inconvenience arises ; it must be very clearly proved they are not gavelkind, and it is said such proofs cannot be given. I bought an estate the other day, where it was perfectly clear it was not gavelkind. I have purchased three estates in Kent, where I am perfectly satisfied none of them are of gavelkind tenure ; and, now the records...
Page 147 - They are the root of a noble plant, the free socage tenants, or English yeomanry, whose independence has stamped with peculiar features both our constitution and our national character.
Page 369 - It has often happened by the ancient Kentish custom of partition in gavelkind that lands and tenements, which in certain hands when undivided are quite sufficient for the service of the state, and the maintenance of many, are afterwards divided and broken up amongst coheirs into so many parts and particles, that no one portion suffices even for its owner's maintenance,
Page 163 - The land is held in socage, but according to the custom it descends to the youngest son, in exclusion of all the other children of the person dying seised. In some places, this peculiar rule of descent is confined to the case of children, in others, the custom extends to brothers and other male collaterals. * * * The custom of Borough-English governs the descent of copyhold land in various manors.
Page 170 - Within the manor of B. [Bray] in the county of Berks, there is such a custom, that if a man have divers daughters, and no son, and dieth, the eldest daughter shall only inherit ; and if he have no daughters, but sisters, the eldest sister by the custom shall inherit and sometimes the youngest.
Page 156 - Neither can this custom be laid in every place; for, " in an upland town which is neither city nor "borough, the custom of gavelkind or borough-english, cannot be alleged. But these are "customs which may be in cities or boroughs; • "also, if lands be within a manor, fee, or seigBOOK I. "niory, the same by the custom of the manor, "fee, or seigniory, may be of the nature of "gavelkind, or borough-english.
Page 163 - The custom of Borough-English prevails in several cities, and ancient boroughs, and districts of smaller or larger extent, adjoining to them in different parts of the kingdom. The land is held in socage, but according to the custom it descends to the youngest son, in exclusion of all the other children of the person dying seised. In some places, this peculiar rule of descent is confined to the case of children, in others the custom extends to brothers and other male collaterals.
Page 62 - Inquiri per totam Angliam si ita fuit, quod quidem probatum fuit, propter quod idem Rex...

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