Women could be on the Corporation.—In 1593, in the Archives of the Borough of Maidstone, Kent, appears, “That the 11th of September, 1593, Rose Cloke, single woman, (according to the order and constitutions of the town and parish of Maidstone aforesaid) was admitted to be one of the corporation and body politique of the same town and parish, from henceforth to enjoy the liberties and franchises of the same in every respect, as others the freemen of the said town and parish. And she was also then sworn accordingly, and for some reasonable causes and considerations then stated she was released from paying any fine, other than for her said oath, which she then paid accordingly” (Notes and Queries, vol. xii., 5th series, 318). The transcriber doubts the “legality” of Miss Rose Cloke’s election. But it was not till a very long time after this date that any attempt was made to interfere with the liberty of the electors in choosing whom they would.
Queen Elizabeth is said to have reproached the women of Kent for not more fully exercising their privileges. It may have been in connection with this illustration as to what their privileges might be. I had long meditated on the inner meaning of this reproach, before I came upon the elucidation. The freemen of Kent alone, in England, rose in arms against William the Conqueror, and would not lay them down until their ancient laws and customs were confirmed to them. The Custumal of Kent, therefore, based on the ancient Saxon laws, gave wider privilege to women than the Normanised laws of the rest of the country. Inheritance was equal and independent of sex, either in relations of descent or of marriage. The children all inherited equally, with a certain special tender consideration for the youngest, male or female. A widow had the half of her husband’s property till she married again; a widower had the half of his wife’s property, while he remained single. This equality in property necessarily gave the women of Kent fuller privilege. The recognition of the freedom of womanhood naturally made the men of Kent more free. “Of all the English shires, be ye surnamed the Free.” (Drayton’s “Poly-Olbion, 18.”) [[v].]
Yet some of the English shires did not lag far behind Kent. We may note “A customary or note of such customes as hath bin used, time out of mind in Aston and Coat in ye parish of Bampton in ye county of Oxon, and is att this time used and kept as appeareth by ye sixteens who hath hereunto, with ye consent of ye inhabitants of ye said Aston and Coat, sett their hands and seals the sixt September, in ye 35th yeare of Queen Elizabeth, Anno Dom. 1593.” The “customary” contains twelve articles regulating the election and duties of the sixteens, of which the first is: “The Custome is that upon our Lady-day Eve every yeere, all the Inhabitants of Aston and Coat shall meet at Aston Crosse about three of ye clock in ye afternoone, or one of everye House to understand who shall serve for ye sixteen for that year coming, and to choose other officers for ye same yeere. (2) Ye said sixteens being known, ye hundred tenants of ye same sixteens doe divide themselves some distance from ye Lords Tenants of ye said sixteens. And ye Hundreds Tenants do chuse one grasse Steward and one Water Hayward, and the Lords Tennants do choose two Grasse stewards and one Water Hayward, etc. This antient custome have ben confirmed in ye 35th yeare of Queen Elizabeth, 1593, by most of ye substantiall inhabitants of Aston and Coat, videl:
“Roger Medhop (gent).
The mark of Richard Stacy.
The mark of Eliz. Alder.
The mark of John Humphries.
The mark of Margery Young.
The mark of John Bricklande.
The mark of Will. Young.