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Encyclopedia Britannica - Main :: GAG-GEO |
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GAVELKIND ,1 a peculiar system of tenure associated chiefly with the county of Kent, but found also in other parts of England. In Kent all land is presumed to be holden by this tenure until the contrary is proved, but some lands have been disgavelled by particular statutes. It is more correctly described as socage tenure, subject to the custom of gavelkind. The chief
tenant
felony , or as it is expressed in the old rhyme" The father to the bough, The son to the plough." (3) Generally the tenant
great
gentleman
' This word is generally taken to represent in O. Eng. gafolgecynd, from gafol, payment, tribute , and gecynd, species, kind, and origin-ally to have meant tenure by payment of rent or non-military services, cf. gafol-land, and thence to have been applied to the particular custom attached to such tenure in Kent. Gafol apparently is derived from the Teutonic root seen in " to give ' ; the Med. Lat. gabulum, gablum gives the Fr. gabelle
females claiming in their own right are postponed to males, yet by representation they may inherit together with them. (5) A wife is dowable of one-half, instead of one-third of the land. (6) A widower may be tenant by courtesy, without having had any issue, of one-half, but only so long as he remains unmarried. An act of 18 ;1, for commuting manorial rights in respect of lands of copyhold and customary tenure, contained a clause specially exempting from the operation of the act " the custom of gavelkind as the same now exists and prevails in the county of Kent." Gavelkind is one of the most interesting examples of the customary law of England; it was, previous to the Conquest, the general custom of the realm, but was then superseded by the feudal law of primogeniture. Its survival in this instance in one part of the country is regarded as a concession extorted from the Conqueror by the superior bravery of the men of Kent. Irish gavelkind was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the sept. The equal division amongst children of an inheritance
See INHERITANCE
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