Gavelkind

Gavelkynd.

A customary tenure in England, peculiar for the most part to the county of Kent, by which the land of the father is equally divided at his death among all his sons, or the land of the brother among all his brethren, if he have no issue of his own. Kitch. fol.

107.

Cowell Blount.

2 Bl. Com. 84. 1 Steph. Com.bZ, 201.

Z»«. sect.

210, 265.

The other distinguishing properties of this tenure are that the tenant is of age sufficient to alien his estate by feoffment at the age of fifteen; and that the estate does not escheat in case of an attainder for felony.

Camd. Brit. 239.

Bract, fol.

276 b. 2 Bl. Com. 84. 1 Steph. Com. 200. 1 Cra Ws Real Prop. 596, § 753.

Gavelkind is supposed to have been a part of those ancient liberties which the Kentish men were allowed by the Conqueror to retain without change; and it is the opinion of Selden that before the Norman conquest it was the general custom of the realm. Seld. Analect.

1. 2. c. 7.

Spelman, in voc. Camd. Brit, cited in Cowell.

T. Raym. 76.

It still prevails over almost the whole of the county of Kent, and in a qualified manner over copyhold lands in various parts of the kingdom. Third Real Property Report, p.

8. 1 Steph. Com. 200, note. 1 Crahb's Real Prop. 596 — 602. Lee on Abstracts, 25, 84, 85.

The etymology of the word itself has been variously given. Spelman derives it from the Sax. gafel, a tribute, or thing due or belonging, and cyn, kindred, or kynd, offspring; something due or belonging to all the children or kindred. Mr. Hargrave prefers the derivation from gavel, rent, and kind; of such a kind as to yield rent.

Hargr. Co. Litt. Note 224, lib. 2.

Mr. Crabb adopts the latter, defining it however to mean a kind of service.

Crabb's Hist. Eng. Law, 87.

Lambard, on the other hand, considers it as composed of three Saxon words gif, eal, cyn; given to all the kin; which Spelman adopts as the alternative of his own derivation.