gavelkindn.

/ˈɡavəlkʌɪnd/

Forms: Middle English gavelikind, gavelikende, gaulikend, gavelkend, Middle English gavelkynde, 1500s–1600s gavellkind, gavelkinde, 1500s– gavelkind.

Etymology: The 13th cent. form gavel(i)kende (latinized -kenda ) seems to point to an Old English *gafolgecynd , noun neuter (the e for y being a mark of Kentish dialect), < gafol gavel n.¹ + gecynd nature, species, kind n.When the meaning of the word came to be misunderstood (see 2), attempts were made to assign to it an etymology expressive of the custom of equal division of a deceased person's land among his male children; favourite explanations in the 16th cent. were ‘give al kinde’ (Rastell 1557), and ‘give all kyn’ (Lambarde 1576); sometimes the word was written in pseudo-etymological fashion as gavealkin, gaveall-kind. The application of the Kentish term to the Welsh and Irish system of succession led to the notion that the word was of Celtic origin: a Welsh derivation fromgafael to take, and cenedl race, family, was proposed in the 16–17th cent.; an alleged Irish gabháil-cine ( < gabháil to take, taking, and cine tribe, sept) appears with the rendering ‘gavelkind’ in O'Reilly's Irish Dictionary.

Law.

1. The name of a land-tenure existing chiefly in Kent.The name implies that it was originally a tenure by ‘gavel’, i.e. by the payment of rent or fixed services other than military; this agrees with the identification of it with socage n. (quot. 1253). After the Conquest, the Kentish form of socage was distinguished by certain customs elsewhere generally disused (cf. quot. 1702). Of these the most conspicuous was the custom by which a tenant's land at his death was divided equally among his sons; hence, even in early times, ‘gavelkind’ and ‘partible land’ are used as equivalent terms.

ΘΚΠ

society > law > legal right > right of possession or ownership > tenure of property > [noun] > types of tenure in specific localities

gavelkind1205

venville?13..

booking1812

mailo1908

1205 Rotuli Chartarum 160/1 In gavelikind.

1241 in W. Somner Treat. Gavelkind (1660) 179 Burga dicit, quod prædictum manerium est Gavelkinde, et partibile... Et Prior dicit quod prædictum manerium non est Gaulikend, neque partibile.

1253 Close Roll 37 Hen. III in C. Elton Tenures Kent (1867) 49 Terræ quæ tenentur in socagio vel gavelikende.

?1324 Prerogativa Regis in Stat. Realm (1810) I. 227 Et in Kancia in Gavelkynde..ibidem omnes hæredes masculi participant hæreditatem; similiter omnes femine; set femine non participant cum masculis.

1495 Act 11 Hen. VII c. 49 The Lordshippes..[shall] in no wise be of the nature of Gavelkynde ne departed ne departable amonges heires males.

1599 T. Nashe Lenten Stuffe 15 When hee [sc. William I] firmed and rubrickt the Kentishmens gauill kinde of the sonne to inherite at fifteene.

1702 E. Chamberlayne Present State Great Brit. (1707) i. i. iii. 19 The privileges of gavel-kind belonging to this Country [Kent] are threefold: 1. The Heirs Male share all the Lands alike. 2. The Heir is at 15 at full Age to sell or alienate. 3. Tho' the Father were convicted of Treason..yet the Son enjoys his Inheritance.

1703 Stat. Ireland 2 Anne c. 6 §10 That all lands..whereof any papist now is or hereafter shall be seized in fee-simple or fee-tail shall be of the nature of gavelkind [i.e. shall descend to all his sons equally].

1837 J. R. McCulloch Statist. Acct. Brit. Empire I. i. i. 216 All lands in Kent, unless specially exempted by an act of the legislature, are held by the tenure of gavelkind; descending, in the event of the father dying intestate, not to the eldest son, but to all the sons alike in equal portions; and if there be no sons, then they divide equally among the daughters.

2. From the 16th cent., often used to denote the custom of dividing a deceased man's property equally among his sons, whether as an incident of the Kentish tenure or otherwise.

ΘΚΠ

the mind > possession > giving > distributing or dealing out > [noun] > assigning or allotting > equal

gavelkind?1530

society > law > legal right > right of possession or ownership > right to succeed to title, position, or estate > succession > [noun] > descent by inheritance > that which is inherited > equal division of inherited property

hotchpot1528

gavelkind?1530

hotchpotch1602

commixtion1607

commixture1706

hodgepot1721

gavel1827

collation1828

?1530 St. German's Dyaloge in Englysshe x. f. xxv There is a custom in Kent that is callyd gauelkynde, that all the bretherne shall enheryt togyther as susters at the common lawe.

1577 W. Harrison Descr. Eng. (1877) ii. ix. i. 202 Gauellkind, which is all the male children equallie to inherit, and continued to this daie in Kent.

1754–61 D. Hume Hist. Eng. I. App. i. 104 In the Saxon times, land was divided equally among all the male children of the deceased, according to the custom of Gavelkind.

1874 J. R. Green Short Hist. Eng. People v. §4. 240 The law of gavel-kind..divided the inheritance of the tenantry equally among their sons.

figurative.1627 J. Donne Serm. Lady Danuers 123 For, God shall impart to vs all, a mysterious Gauelkinde, a mysterious Equality of fulnesse of Glory, to us all.1640 T. Carew Poems 109 But if thou bind By Citie-custome, or by Gavell-kind, In equall shares thy love on all thy race.a1661 T. Fuller Worthies (1662) i. 2 Every County hath a Child's portion, as if God in some sort observed Gavel-kind, in the distribution of his fauours.1839 H. Hallam Introd. Lit. Europe III. v. 456 Their parental love forbids all preference, and an impartial law of gavelkind shares their page among all the offspring of their brain.1869 J. R. Lowell Condescension in Prose Wks. (1890) III. 223 All that is worth having in them is the common property of the soul,—an estate in gavelkind for all the sons of Adam.1894 Notes & Queries 24 Feb. 146/2 It would be hard to find another family in whom a literary taste has descended in gavelkind to such a degree.

3. transferred.

a. A Welsh custom of dividing property, similar to the Kentish practice.The Statutum Walliæ, 12 Edw. I. c. 13 recounts that the Welsh custom of inheritance differs from the English, ‘eo quod hereditas partibilis est inter heredes masculos’; the statute sanctions this custom, but provides that bastard sons shall no longer be entitled to share with those born in wedlock.

ΘΚΠ

gavelkind1542

1542–3 Act 34 & 35 Hen. VIII c. 36 That all manoures, landes..and other hereditamentes..in any of the said Shyres of Wales..be..holden as English Tenure..and not to be partable among heyres males after the custome of Gavel~kinde as heretofore in divers parties of Wales hath been used.

1584 H. Llwyd & D. Powel Hist. Cambria 21 The diuision of the fathers inheritance amongst all the Sonnes, commonlie called Gauel kinde. Gauel is a Brytishe tearme, signifieng a hold.

1612 J. Davies Discouerie Causes Ireland 130 King Henrie the eight..among other Welsh Customes, abolished that of Gauel-kinde: wherby the Heyres-Females were vtterlie excluded, and the Bastards did inherit, as well as the Legimate, which is the very Irish Gauelkinde.

1638 T. Herbert Some Yeares Trav. (rev. ed.) 357 The Annalls of those times..tell us That so soone as Owen..was dead; the custome of Gavel~kind..became a Subject of implacable hate amongst his sonnes.

1863 Cambrian Jrnl. 155 His family may have fallen by the usual custom of gavel-kind from its former respectability.

b. Irish gavelkind a system of tribal succession, by which land, on the decease of its occupant, was thrown into the common stock, and the whole area redivided among the members of the sept.

ΘΚΠ

Irish gavelkind1612

1612 J. Davies Discouerie Causes Ireland 168 By the Irish Custome of Gauellkinde, the inferiour Tennanties were partible amongst all the Males of the Sept, both Bastards and Legittimate.

1827 H. Hallam Constit. Hist. Eng. II. xviii. 701 They held their estates by a very different and an extraordinary tenure; that of Irish gavel-kind.

1868 J. E. T. Rogers Man. Polit. Econ. (1876) xiii. 176 Tanistry and Irish gavelkind, as the system of electing the worthiest to the headship of the clan and re-dividing the estate among all the males of the sept on certain occasions were called, were..formerly recognised by the English law.

1875 H. J. S. Maine Lect. Early Hist. Inst. vii. 185 The peculiar Irish custom called Gavelkind.

4. attributive.

ΚΠ

1596 W. Lambarde Perambulation of Kent (rev. ed.) 544 In this Inquisition some lands are denoted to be of Gauelkinde nature, which neuerthelesse doe yeelde none other but money alone.

a1617 S. Hieron Doctrines Triall in Wks. (1620) II. 10 We shall find poperie..to admit..as it were a gauel-kind custome, and to allow sharers with God in the things wherein He will endure no partners.

1624 in J. Rushworth Hist. Coll. (1659) 150 An Act for altering of Gavel-kind-Lands.

1629 Vse of Law 49 in J. Doddridge Lawyers Light The Customes of Kent is, that Gauelkind land is not forfeitable nor Escheatable for Felonie.

1701 C. Wooley Two Years Jrnl. N.-Y. 86 Henry..who abolished and repealed the Gavelkind custom, whereby the Lands of the Father were equally divided among all his Sons.

1766 W. Blackstone Comm. Laws Eng. ii. vi. 85 The gavelkind tenures holden of the fee of Canterbury.

1808 W. Selwyn Abridgem. Law Nisi Prius II. xviii. 667 Declaration was for a moiety of land of gavelkind tenure in Kent.

Derivatives

gavelkinder n. rare one who holds lands in gavelkind.

ΘΚΠ

society > law > legal right > right of possession or ownership > tenure of property > one who has tenure > [noun] > one holding in gavelkind

gavelkinder1596

gaveller1862

1596 W. Lambarde Perambulation of Kent (rev. ed.) 544 The very Customall of Gauelkinde it selfe vseth neuer a woord of Socage tenure, but of Gauelkynders.

This entry has not yet been fully updated (first published 1898; most recently modified version published online March 2022).

单词	gavelkind
释义	gavelkindn. /ˈɡavəlkʌɪnd/ Forms: Middle English gavelikind, gavelikende, gaulikend, gavelkend, Middle English gavelkynde, 1500s–1600s gavellkind, gavelkinde, 1500s– gavelkind. Etymology: The 13th cent. form gavel(i)kende (latinized -kenda ) seems to point to an Old English gafolgecynd , noun neuter (the e for y being a mark of Kentish dialect), < gafol* gavel n.¹ + gecynd nature, species, kind n.When the meaning of the word came to be misunderstood (see 2), attempts were made to assign to it an etymology expressive of the custom of equal division of a deceased person's land among his male children; favourite explanations in the 16th cent. were ‘give al kinde’ (Rastell 1557), and ‘give all kyn’ (Lambarde 1576); sometimes the word was written in pseudo-etymological fashion as gavealkin, gaveall-kind. The application of the Kentish term to the Welsh and Irish system of succession led to the notion that the word was of Celtic origin: a Welsh derivation fromgafael to take, and cenedl race, family, was proposed in the 16–17th cent.; an alleged Irish gabháil-cine ( < gabháil to take, taking, and cine tribe, sept) appears with the rendering ‘gavelkind’ in O'Reilly's Irish Dictionary. Law. 1. The name of a land-tenure existing chiefly in Kent.The name implies that it was originally a tenure by ‘gavel’, i.e. by the payment of rent or fixed services other than military; this agrees with the identification of it with socage n. (quot. 1253). After the Conquest, the Kentish form of socage was distinguished by certain customs elsewhere generally disused (cf. quot. 1702). Of these the most conspicuous was the custom by which a tenant's land at his death was divided equally among his sons; hence, even in early times, ‘gavelkind’ and ‘partible land’ are used as equivalent terms. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > [noun] > types of tenure in specific localities gavelkind1205 venville?13.. booking1812 mailo1908 1205 Rotuli Chartarum 160/1 In gavelikind. 1241 in W. Somner Treat. Gavelkind (1660) 179 Burga dicit, quod prædictum manerium est Gavelkinde, et partibile... Et Prior dicit quod prædictum manerium non est Gaulikend, neque partibile. 1253 Close Roll 37 Hen. III in C. Elton Tenures Kent (1867) 49 Terræ quæ tenentur in socagio vel gavelikende. ?1324 Prerogativa Regis in Stat. Realm (1810) I. 227 Et in Kancia in Gavelkynde..ibidem omnes hæredes masculi participant hæreditatem; similiter omnes femine; set femine non participant cum masculis. 1495 Act 11 Hen. VII c. 49 The Lordshippes..[shall] in no wise be of the nature of Gavelkynde ne departed ne departable amonges heires males. 1599 T. Nashe Lenten Stuffe 15 When hee [sc. William I] firmed and rubrickt the Kentishmens gauill kinde of the sonne to inherite at fifteene. 1702 E. Chamberlayne Present State Great Brit. (1707) i. i. iii. 19 The privileges of gavel-kind belonging to this Country [Kent] are threefold: 1. The Heirs Male share all the Lands alike. 2. The Heir is at 15 at full Age to sell or alienate. 3. Tho' the Father were convicted of Treason..yet the Son enjoys his Inheritance. 1703 Stat. Ireland 2 Anne c. 6 §10 That all lands..whereof any papist now is or hereafter shall be seized in fee-simple or fee-tail shall be of the nature of gavelkind [i.e. shall descend to all his sons equally]. 1837 J. R. McCulloch Statist. Acct. Brit. Empire I. i. i. 216 All lands in Kent, unless specially exempted by an act of the legislature, are held by the tenure of gavelkind; descending, in the event of the father dying intestate, not to the eldest son, but to all the sons alike in equal portions; and if there be no sons, then they divide equally among the daughters. 2. From the 16th cent., often used to denote the custom of dividing a deceased man's property equally among his sons, whether as an incident of the Kentish tenure or otherwise. ΘΚΠ the mind > possession > giving > distributing or dealing out > [noun] > assigning or allotting > equal gavelkind?1530 society > law > legal right > right of possession or ownership > right to succeed to title, position, or estate > succession > [noun] > descent by inheritance > that which is inherited > equal division of inherited property hotchpot1528 gavelkind?1530 hotchpotch1602 commixtion1607 commixture1706 hodgepot1721 gavel1827 collation1828 ?1530 St. German's Dyaloge in Englysshe x. f. xxv There is a custom in Kent that is callyd gauelkynde, that all the bretherne shall enheryt togyther as susters at the common lawe. 1577 W. Harrison Descr. Eng. (1877) ii. ix. i. 202 Gauellkind, which is all the male children equallie to inherit, and continued to this daie in Kent. 1754–61 D. Hume Hist. Eng. I. App. i. 104 In the Saxon times, land was divided equally among all the male children of the deceased, according to the custom of Gavelkind. 1874 J. R. Green Short Hist. Eng. People v. §4. 240 The law of gavel-kind..divided the inheritance of the tenantry equally among their sons. figurative.1627 J. Donne Serm. Lady Danuers 123 For, God shall impart to vs all, a mysterious Gauelkinde, a mysterious Equality of fulnesse of Glory, to us all.1640 T. Carew Poems 109 But if thou bind By Citie-custome, or by Gavell-kind, In equall shares thy love on all thy race.a1661 T. Fuller Worthies (1662) i. 2 Every County hath a Child's portion, as if God in some sort observed Gavel-kind, in the distribution of his fauours.1839 H. Hallam Introd. Lit. Europe III. v. 456 Their parental love forbids all preference, and an impartial law of gavelkind shares their page among all the offspring of their brain.1869 J. R. Lowell Condescension in Prose Wks. (1890) III. 223 All that is worth having in them is the common property of the soul,—an estate in gavelkind for all the sons of Adam.1894 Notes & Queries 24 Feb. 146/2 It would be hard to find another family in whom a literary taste has descended in gavelkind to such a degree. 3. transferred. a. A Welsh custom of dividing property, similar to the Kentish practice.The Statutum Walliæ, 12 Edw. I. c. 13 recounts that the Welsh custom of inheritance differs from the English, ‘eo quod hereditas partibilis est inter heredes masculos’; the statute sanctions this custom, but provides that bastard sons shall no longer be entitled to share with those born in wedlock. ΘΚΠ society > law > legal right > right of possession or ownership > right to succeed to title, position, or estate > succession > [noun] > descent by inheritance > that which is inherited > equal division of inherited property > in Wales gavelkind1542 1542–3 Act 34 & 35 Hen. VIII c. 36 That all manoures, landes..and other hereditamentes..in any of the said Shyres of Wales..be..holden as English Tenure..and not to be partable among heyres males after the custome of Gavel~kinde as heretofore in divers parties of Wales hath been used. 1584 H. Llwyd & D. Powel Hist. Cambria 21 The diuision of the fathers inheritance amongst all the Sonnes, commonlie called Gauel kinde. Gauel is a Brytishe tearme, signifieng a hold. 1612 J. Davies Discouerie Causes Ireland 130 King Henrie the eight..among other Welsh Customes, abolished that of Gauel-kinde: wherby the Heyres-Females were vtterlie excluded, and the Bastards did inherit, as well as the Legimate, which is the very Irish Gauelkinde. 1638 T. Herbert Some Yeares Trav. (rev. ed.) 357 The Annalls of those times..tell us That so soone as Owen..was dead; the custome of Gavel~kind..became a Subject of implacable hate amongst his sonnes. 1863 Cambrian Jrnl. 155 His family may have fallen by the usual custom of gavel-kind from its former respectability. b. Irish gavelkind a system of tribal succession, by which land, on the decease of its occupant, was thrown into the common stock, and the whole area redivided among the members of the sept. ΘΚΠ society > law > legal right > right of possession or ownership > right to succeed to title, position, or estate > succession > [noun] > descent by inheritance > that which is inherited > equal division of inherited property > in Ireland Irish gavelkind1612 1612 J. Davies Discouerie Causes Ireland 168 By the Irish Custome of Gauellkinde, the inferiour Tennanties were partible amongst all the Males of the Sept, both Bastards and Legittimate. 1827 H. Hallam Constit. Hist. Eng. II. xviii. 701 They held their estates by a very different and an extraordinary tenure; that of Irish gavel-kind. 1868 J. E. T. Rogers Man. Polit. Econ. (1876) xiii. 176 Tanistry and Irish gavelkind, as the system of electing the worthiest to the headship of the clan and re-dividing the estate among all the males of the sept on certain occasions were called, were..formerly recognised by the English law. 1875 H. J. S. Maine Lect. Early Hist. Inst. vii. 185 The peculiar Irish custom called Gavelkind. 4. attributive. ΚΠ 1596 W. Lambarde Perambulation of Kent (rev. ed.) 544 In this Inquisition some lands are denoted to be of Gauelkinde nature, which neuerthelesse doe yeelde none other but money alone. a1617 S. Hieron Doctrines Triall in Wks. (1620) II. 10 We shall find poperie..to admit..as it were a gauel-kind custome, and to allow sharers with God in the things wherein He will endure no partners. 1624 in J. Rushworth Hist. Coll. (1659) 150 An Act for altering of Gavel-kind-Lands. 1629 Vse of Law 49 in J. Doddridge Lawyers Light The Customes of Kent is, that Gauelkind land is not forfeitable nor Escheatable for Felonie. 1701 C. Wooley Two Years Jrnl. N.-Y. 86 Henry..who abolished and repealed the Gavelkind custom, whereby the Lands of the Father were equally divided among all his Sons. 1766 W. Blackstone Comm. Laws Eng. ii. vi. 85 The gavelkind tenures holden of the fee of Canterbury. 1808 W. Selwyn Abridgem. Law Nisi Prius II. xviii. 667 Declaration was for a moiety of land of gavelkind tenure in Kent. Derivatives gavelkinder n. rare one who holds lands in gavelkind. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > one who has tenure > [noun] > one holding in gavelkind gavelkinder1596 gaveller1862 1596 W. Lambarde Perambulation of Kent (rev. ed.) 544 The very Customall of Gauelkinde it selfe vseth neuer a woord of Socage tenure, but of Gauelkynders. This entry has not yet been fully updated (first published 1898; most recently modified version published online March 2022). < n.1205
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