GAVELKIND
gavelkind (gav-<<schwa>>l-kInd).Hist. 1. A species of socage tenure arising in land that has
descended equally to the decedent’s sons. • It was widespread before 1066, when it was mainly
superseded by primogeniture. This property-division technique was then largely limited to Kent.
The person holding land in this manner enjoyed several advantages not available under the
common law: the land could be disposed of by will, did not escheat for felony other than treason
or for want of heirs, and was alienable by an heir at age 15. Gavelkind was abolished in 1925.
Although the etymology of this term was much debated in the 19th century, the explanation given
in the first quotation below appears to be the true one. 2. Land that yields gavel service.
“[G]afol, or gavel, was a word of frequent use before the Norman Conquest, and signified not
only a tribute, tax, or custom, but also rent in general; and … under this term were comprehended
all socage services whatsoever which lay in render or feasance, the word being often compounded
with and applied to the particulars wherein the payment or performance of the service consisted;
as corn-gavel, or gavel-corn, was a corn-rent, and gavel-earth was a service of ‘earing’ or
ploughing…. The tenant from whom such services were due was called a gavel-man; and
‘gavelkind’ being taken as a compound of this word ‘gavel’ and ‘gekynde,’ which is nature, kind,
quality (usually appearing under the form ‘gafolcund’ in the most ancient records), the proper
signification of the term will be land of the kind or nature which yielded rent, or ‘censual land,’
which may be compared to rent-service land as distinguished from knight-service land, which
being held by free military service yielded no ‘cens’ or rent in money, provision, or works: so that
the lands held by the old English tenure are known in Kent as gavelkind which in other parts of
the country are distinguished by the name of socage.” Charles I. Elton & Herbert J.H. Mackay,
Robinson on Gavelkind 5–6 (5th ed. 1897).
“The term ‘gavelkind’ has by the modern usage acquired [a] signification more confined as to
the properties contained under it, yet more extensive in point of place: since at this day it is
generally used to denote the partibility of the land, exclusive of all other customary qualities; nor
is the word ‘gavelkind’ in common parlance confined to Kentish lands, but is equally and
indifferently applied to all partible lands wherever they lie.” Id. at 9.
“Archbishop Hubert Walter, who presided in the king’s court … obtained from King John a
charter empowering him and his successors to convert into military fees the tenements that were
holden of their church in gavelkind. The archbishop’s main object may have been to get money in
the form of rents and scutages, instead of provender and boonworks, ‘gavel-corn’ and
‘gavel-swine,’ ‘gavel-erth’ and ‘gavel-rip’ ….” 2 Frederick Pollock & Frederic W. Maitland, The
History of English Law Before the Time of Edward I 273 (2d ed. 1899). [Blacks Law 8th]