A treatise of gavelkind, both name and thing. Shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. With sundry emergent observations, both pleasant and profitable to be known of Kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. By (a well-willer to both) William Somner.

Argument.

The like Quaerie here as before. Where also note, that although he mention a devise of lands by will; yet no such will is either proved or registred, because (probably) null and void in Law. The like whereof may be supposed of Sparcklins will of Thanet, dated in March 1539. in the same book and Registry, qua∣rern 14. where his mansion place at Bronston is said to be bequeathed to his son John: whereas no such thing appeareth by the approved will; nor is any land at all devised by it. The like may be said of Cacherells will of Norborne, dated anno 1537. in the same Registry and book, quatern. 8. where some Legacies in money are charged upon a house there said to be given to the party charged and his wife, whereas no such gift appeareth by the will.

4. In Sarlys will, dated anno 30. Hen. 8. in the same Registry and book, quatern. 11. where he maketh men∣tion of his three daughters, we have this clause:

Item, I will that he (my brother) shall have my part of my house at Wy, called Jancocks, during his life, if that may be suffered by the Law, &c.

5. In the will of William Byx of Linsted, dated 1538. in the same Registry, lib. 22. quatern. 1. occurrs this passage:

I will and bequeath all the profits, commodities, fermes, rents, of all my lands whatsoever, &c. unto my brother germane, Laurence Byx, unto the timos that my sons, Laurence and Nicholas come to the age of 22. years, &c. Also to my daughters marriage 10. l. to be raised out of

those profits, &c. and paid by my brother Laurence. Pro∣vided alway, if the Law will not suffer nor admit my bro∣ther Laurence to enjoy and take up the fermes, &c. of my lands, then I will that each of my said sons, &c. shall pay the said 10. l. unto my said daughters marriage, &c.

6. Thomas Hunt of Pluckly in his will, dated in the year (no moneth) 1540. (probably some time before the Statute of Wills that year made) in the same Re∣gistry, book and quatern▪ gives to his wife the issues of his lands for life, and after her death the lands them∣selves to his son John, charged with some Legacies in money to his younger brother Anthony and his chil∣dren: but with this Proviso:

If this my will (saith he) stand not good and effectuall in the Law, then I will that my said messuage and premis∣ses after the death of my said wife shall remain to my said two sons I. and A. and to their heirs for ever, &c.

7. The like clause to this occurrs in the will of John Hubberd of Westerham, dated the 23th of July 1537. in the Bishop of Rochesters Registry: viz.

Also if it do please God to visit my wife and all my children with death, then I will that Richard Hubbard, the son of William Hubbard of Lynsfield shall have my house and all my land, if that the Law will suffer it: pay∣ing therefore to every one of my sisters, Agnes, Katherine and Margaret, three pounds six shillings and eight pence, to be paid within the space of two years next after my decease.

8. Nor is this passage lesse pregnant and pertinent to our purpose, taken from the will of John Stace of Leigh, dated the 18th of March 1538. in the same Re∣gistry.

And also I will that if the Kings last Act in Parlia∣ment

will not stand with my wife to enjoy the one half of my lands, I will then that mine Executour shall pay yearly to Agnes my wife xl. s. during the term of her life, and that to be paid quarterly at the four usual terms by equal portions, &c.