tenure of gavelkind lands in Kent into knight service
or serjeanty. In so doing, he drew their attention not only to his
grandfather’s charter confirming Mabel’s deed of enfranchisement but
also to a charter whereby his father, Edward I, had changed the descent of
gavelkind lands held by John de Cobham. Of the latter charter, he sent a
transcript for the justices’ consideration, pointing out that the good.
reasons for which it had been executed included the welfare of the State.
That contention was not surprising, for implicit in gavelkind was a
weakening of the feudal chain. In his charter, Edward I had claimed that
it was the King’s prerogative to abolish, or at least to change, such
laws and customs as diminished the strength of the Kingdom and ‘that 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 among co-heirs into so many parts and
particles that no portion suffices for its owner’s maintenance’.
Edward II’s intervention must have seemed manna from heaven
to the infants’ guardian, who lost no time in asserting that it was now
apparent that the King by his charter could create frank fee irrespective
of whether |
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or not the lands were held immediately from him and
that no statement by the County to the contrary was receivable in
evidence. It says much for the justices, and perhaps even more for that
strong Plantagenet sense of justice on which their independence rested,
that the court was still not satisfied. Time was taken for further
consideration and, after another two years, the case yet remained on the
record. Nearly five hundred years later, the Court of Common Pleas decided
that the King had no prerogative right of changing gavelkind by altering
the tenure even when the land was held immediately from him; that,
however, was in another case.7 A similar view had been
expressed in the sixteenth century by William Lambarde, whose descendants
were later to become lords of Ash.
It would seem from the subsequent history of Scotgrove that
William de Gatewyk cannot have won his suit. Maybe he died, maybe the case
died, maybe it went on so long that the infants all came of age and
matters were settled amicably; it is unlikely that what precisely happened
will ever now be known.
Although the de Torpels and the de Faukehams were both
wealthy families and given to good works, the chantry that is known to
have existed at Scotgrove was probably a Gatewyk foundation. No record of |