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Updated: June 8, 2025
Taylor began a discourse of something that he had lately writ about Gavelkind in answer to one that had wrote a piece upon the same subject; and indeed discovered a great deal of study in antiquity in his discourse.
Wars and confiscations, but above all the custom of gavelkind, had reduced that body very low. At the same time some few families had been, raised to a degree of power unknown in the ancient Saxon times, and dangerous in all. Large possessions, and a larger authority, were annexed to the offices of the Saxon magistrates, whom they called Aldermen.
These laws have been described by most writers as similar to the Kentish custom of gavelkind; and, indeed, so little attention was paid to the subject, that were it not for the researches of Sir J. Davis, the knowledge of this singular usage would have been entirely lost.
On the death of a freeholder his land was divided amongst his sons equally, according to what is called "the custom of gavelkind." Whether primogeniture is a good or a bad thing in England or the British Colonies at the present day is of course a totally different question; the circumstances of the times are totally different.
There were, besides, the laws of gavelkind or division of property among the members of the clan; laws relating to boundaries; sumptuary laws regulating the dress of the various castes into which society was divided; laws relating to the planting of trees, the trespass of cattle, and billeting of troops.
In England, all lands unsettled descend to the eldest son, as heir-at-law, unless otherwise disposed of by the father's will, except in the county of Kent, where a particular custom prevails, called Gavelkind; by which, if the father dies intestate, all his children divide his lands equally among them.
Gavelkind! An old Kentish" He was going to expound, but Sir Austin assured him he knew it, and a very absurd law it was, adding, "I should like to look at your son's notes, or remarks on the judiciousness of that family arrangement, if he had any." "You were making notes, or referring to them, as we entered," said Mr.
These estates of inheritance, both the greater and the meaner, were not fiefs; they were to all purposes allodial, and had hardly a single property of a feud; they descended equally to all the children, males and females, according to the custom of gavelkind, a custom absolutely contrary to the genius of the feudal tenure; and whenever estates were granted in the later Saxon times by the bounty of the crown with an intent that they should be inheritable, so far were they from being granted with the complicated load of all the feudal services annexed, that in all the charters of that kind which subsist they are bestowed with a full power of alienation, et liberi ab omni seculari gravamine.
It is known that it existed previous to the conversion of Ireland to Christianity, and that the laws of tanistry and of gavelkind, the customs of gossipred and of fostering, were of pagan origin. Patrick revised the code and corrected what could not coincide with the Christian religion.
As in Ireland, the right of gavelkind was recognized; yet primogeniture was also so far regarded as to make both claims uncertain; and the three divisions of Wales were constantly being first partitioned, and then united, by some prince who ruled by the right of the strongest, till dethroned by another, who, to prove his right of birth, carried half his genealogy in his patronymic.
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