Gavelherte

A customary service of ploughing. Du Cange.

A customary service of ploughing. Du Cange. GAVELKIND (Gafolcund; Gaful-gecynd. Vinogradoff, Engl. Soc.). The tenure by which almost all lands in England were held prior to the Conquest, and which is still preserved in Kent All the sons of a tenant of gavelkind lands take equally, or their heirs male and female by representation. The wife of such tenant is dowable of one-half the lands. The husband of such tenant has curtesy, whether Issue be born or not, but only of one-half while without issue. Such lands do not escheat but must himself give livery. The rule as to division among brothers in default of sons is the same as among the sons. Digb. B. P. 46. The youngest son took the hearth. Yinogradoff, Engl. Soc. 92. Coke derives gavelkind from “gave all kinde;” for this custom gave to all the sons alike; 1 Co. Litt 140a; Lambard, from gavel, rent, — that is, land of the kind that pays rent or customary husbandry work, in distinction from lands held by knight service. Perambulations of Kent, 1656, p. 585. There have been many suggested derivations of gavelkind. The true derivation connects it with the old English gafol, or gavel, which means rent or customary performance of agricultural services. The tenant was called gavelman, and gavelkind, a compound of gavel and gekynde (kind, quality), meant land of the kind which yielded rent, as distinguishbd from knight service land held by free military tenure. No doubt in earlier days it denoted land held by this particular tenure, but later it came to be used as the name for the custom by which lands in Kent are, in the absence of proof to the contrary, presumed to be affected, and sometimes in later law to express the fact that lands, in Kent or elsewhere, were divided between male heirs on the death of the ancestor. 3 Holdsw. Hist E. L. 224. See Robinson, Gavelkind. See Encyc. Brit.; Blount; 1 Bla. Com. 74; 2 id. 84; 4 id. 408; 1 Poll. & Maitl. 165; 2 id. 269, 416.

A service of plowing performed by a customary tenant. Cowell; Du Cange.

Defined under Gavel in Black's Law Dictionary.

gavelerth, sax.

In old English law. The duty or work of ploughing so much earth or ground, done by the customary tenant for his lord.

A service of plowing performed by a customary tenant. Cowell; Du Cange.

Gavelerth. Sax.

In old English law. The duty or work of ploughing so much earth or ground, done by the customary tenant for his lord. Cowell. A rent or customary service, paid or performed by ploughing.*