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It is well known that Kent held a peculiar
place in the legal and economic history of medieval England, and that
after the Conquest the custom of Kent was recognized in the king’s
courts as the common law of the county. In Gloucestershire1
and elsewhere, where they may once have existed in districts coinciding
with administrative divisions, such customs had perished before the
unifying advance of the common law—the law, that is to say, which was
administered by the king’s courts, and was applicable to military
tenements held of the Norman kings. Their survival in Kent was probably
due to the advanced civilization of much of the county at the time of the
Conquest, its favoured position as the highway to the Continent, and its
importance strategically; conditions which led to the early formulation of
custom, and induced self-consciousness strong enough to withstand the
attacks of other legal and economic rules. In view of these interesting
peculiarities of the county the Domesday description is disappointing.
Notwithstanding a distinctive terminology and the so-called leges
regis, the returns for Kent seem to belong, as a whole, to those of
the south-eastern group of counties, and show no very clear evidences of
differences which were really important. The survey of the county seems
thus to furnish a good example of the tendency of the royal inquest to
make existing local peculiarities, the consuetudo patriae, fit into
a general mould, even at the expense of obscuring them, and to apply
similar terms to differing conditions. In partial modification of this
statement it should be remembered that ‘the custom of Kent’ was in
some very small measure the result of later accretions, added after the
Conquest to an original nucleus.2
The form in which the returns of the county are entered in
the Exchequer Domesday is a little confusing. The Survey opens with a
description of Dover, followed by a statement of the leges regis of
Kent and allied matters, compiled from a statement on which ‘the men of
the four lests,’ namely the lests of East Kent, are agreed (concordant).
The relation of this statement of the leges to that drawn up at
Pennenden Heath will be considered later. The description of the lands of
the canons of St. Martin of Dover follows, interrupted in the midst by the
insertion of a description of Canterbury, but resumed again before the
beginning of the main part of the Survey of the king’s lands and of the
lands of the tenants in chief. The prominent and irregular position
accorded to St. Martin may be due, Larking suggests,3 to
peculiar favour extended by the commissioners to that foundation. Of
1 Stat. of the Realm, i,
p. 226.
2 Neilson, Custom and the Common Law in
Kent. Harvard Law Rev. Feb. 1925, p. 482 et seq.
3 Larking, Domesday of Kent, p. 161.
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