three wives, and each of them children, never the lesse the younger son of the first wife shall be the heire. Also that if any man have purchased any lands or tenements wth his wife, yt is leffull for the sd man, while he is alyve, to gyve, sell, or bequeath the sd lands or tents without the license of his sd wife, and such a woman shall have no dowres."

the youngest of them shall be the heir according to the custom of Borough-English (Burgagii Anglicane.) If a man shall have sons by a 2d or 3d marriage, the youngest son by the first wife shall be heir. May 30th, 1639. Henry Arsley was seized in a mess and close as youngest son by the first venter of Thomas Arsley, his father deceased.' 'Cur. tent. 27th Jan". 1630. Emanuel Lettice seized in 2 parts of a tent―ut frater natu minimus et proxim heres-of his sisters Alicia Rogers and Rachel Bowles, deceased, according to the custom of Godmanchestertempore a quo non extat memoria hominum usitat et approbat, &c. April 12th, 1632. John Scatcher, son of Jasper Scatcher, deceased, was seized of one messuage, as youngest brother and next heir of John Scatcher, youngest son of the first wife of the said Jasper Scatcher, and heir of the said Jasper, according to the custom. May 13th, 1641. Richard Weaver, of Hail Weston, was seized in certain lands and tens in Godman'. He had four sons, Richard, John, William, and Edward; the youngest son Edward died, and on the death of the father the lands and tens fell to William, the third son, being the youngest then surviving.' -June 14th, 1683. John Wright seized in 94 acres of arable land, as youngest brother and next heir to Roger Wright, his elder brother Thomas being alive.'"-Extracts from Court Books.

• It is not called dower in antient demesne property, but the widow's free-bench: which is that estate in the land which the wife has on the death of her husband, and which is regulated by custom. "Anno 26 Henry 8th. Ellen Burder recovered the half-acre of meadow in Hudpool from John Granger, who formerly bought it of her husband, William Burder, she not having

"Also that men children shall be of full age, so that they may gyve, sell, or assigne their lands or rents when they come to the age of xx yeares, and women at the age of xvj yeares.9

"Also that if any man have two sons married by his wyfe, and one of these sonnes hath an ayre masculine, and the other an ayre femynyne, and if it chance after these two sonnes to depart and die, the father of them being alyve, and after it chances the father of them to dye, then that same heire masculine shall be the ayer, and not the ayre femynyne, tho' she be of the yonger son."

been sole examined."-1628.

Lucillia Ambrose, wife of John Ambrose, being an inheretrix, conveyed her lands without her husband. Thomas Ambrose sues as youngest son and heir of John Ambrose, according to the custom of Godmanchester. Katherine Gray, defendt, avows in evidence the custom of Godman', that a feme covert being an inheretrix, may devise her lands without joining her husband, and proves the same by precedents in the reigns of Henry the 7th and 8th, and Elizabeth. Upon the trial the Jury found for Katherine Gray, tenant by the gift of her grandmother, being a feme covert, not joining her husband good by the custom.-Vide C. B. March 5th. Anno 4to. Caroli.

p In the 13th of Henry 8th, "Thomas Dalton surrendered a messuage to Richard Freer, being 20 years of age."—" 1580—26° Eliz. July 2d. Oath was made in Court, that Robert Wright, when he sold Landberry Close, was 20 years of age."—“ 1676—28 An. Car. 1. 8th Junii. Eliz. Maile sibi petit se admitti Gardian Thome Mayle filius eius quousque deveint ad etatem vigint annor scdm consuet manii et admissa est."-Vide Court Books.

q 1668-April 19th. Oath being made before the Bailiffs, that Dorothy Cole was of the age of 16 years. She, with others, surrendered a house in Arning-street to Thomas Newman.— 1674.-Jan. 12th. Admissions of females surrendering at 16 years of age.-Vide Court Books.

Having traced the original of some of our customs, and attempted to illustrate them by parallel cases and the best established authorities on the subject, and brought down our History to the chartered grant of King John, we will describe the principal events connected with the intervening period of that time and the Charter of Incorporation by King James, in considering the import of the various inspeximuses, confirmations, and grants of the reigning Monarchs, together with the several Inquests that have been held regarding the manor.

96

CHAPTER VI.

MUNICIPAL HISTORY, CONTINUED FROM

A.D. 1213 TO 1604.

N the Charter of "John, King of England," Lord of Ireland, Duke of Normandy and Aquitaine, Earl of Anjou," bearing date May 20, 1213, in the fourteenth year of his reign, we find the manor granted in fee-farm

for himself and his heirs to his men of Gumecestr' at £120 a year, with all liberties and privileges be

a Vide page 78, and original, in the Appendix, No. 1.

b From the collection of royal titles given by Sir Edward Coke in his first Institute, book 1, chap. 1, sec. 1, p. 7, a, we may observe that the Sovereign's title was changed according to the acquisition or alienation of territory. The expression, "by the grace of God King of the English," or " of all Britain," being extant in the charters of William Rufus, and even in one of the Saxon Kings, Edwyn, dated A. D. 956. King John first adopted the title of Lord of Ireland; his possessions there had been obtained by the conquests of his father, who in 1176 created him King of that country, but the title was not assumed as it is now

longing to the manor.

The number of witnesses by which it is signed is expressive of the King's Council, by whom it was granted.

The Charter of John was ratified by the inspeximus of his grandson, Edward 1st, in whose letters patent, commencing with " Edward, &c. King of England, Lord of Ireland, and Duke of Aquitaine," it is fully recited. They conclude with "Witness myself at Hansted the 6th of May, in the 33d year of our reign." (A. D. 1305.)

The letters patent of Edward 1st were confirmed by the inspeximus of his grandson, Edward 3d, which begins with "Edward, &c. King of England and France, and Lord of Ireland." His letters patent are witnessed by "myself at Westminster, 4th of February, in the year of our reign over England the 22d, and of France the 9th." (A.D. 1343.) In the inspeximus of Richard 2d, the letters patent of his grandfather, Edward 3d, are recited, and, like them, it styles the Monarch " King of England and France, and Lord of Ireland." His letters patent confirmatory are witnessed by "myself at Westminster on the 18th of May, in the 2d year of our reign." (A.D. 1379.)

used until 1531, by King Henry 8th. The style of Duke of Normandy and Aquitaine were appended to the royal title by Henry 2d, who held them in right of Eleanor his Queen. They were disused by Henry 3d in 1259, restored again by Edward 1st, and finally exchanged in 1339 by Edward the 3d for the title of King of France.-Thomson's Notes on Magna Charta.

H