In the year 1741 Thomas Robinson of
Lincoln’s Inn published, a work called, in brief, The Common law of
Kent; or the Customs of Gavelkind and which became known, even mere
briefly, as Robinson on Gavelkind. It was a classic of its kind and
went through, albeit at somewhat pedestrian pace, five editions; the fifth
appeared in 1897.
Gavelkind was a form of tenure found chiefly in Kent and was
there so usual that land was presumed to be held in gavelkind unless the
contrary was proved, largely as the result of numerous disgavelling Acts,
its importance became eroded in later years and the writing was on the
wall when in 1913 the Council of the Kent Archaeological Society resolved
that ‘This Society deprecates any statutory enactment which would
abolish Gavelkind tenure in Kent’. In the event, gavelkind
survived as long as, but no longer than, its major competitor, the rule of
primogeniture. It died in 1925 and with it went, by the property
legislation of that year, all other existing modes rules and canons of
descent. Previous legislation had already, three years before, |
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precipitated the death throes of the English
manor.
The primary characteristic of gavelkind was that on intestacy
land descended. equally to all male heirs in the same degree, the eldest
son being given no such priority as was afforded by the common law of
England. There were other differences from the general law affecting such
matters as a widow’s dower and the interest in a wife’s lands taken by
her husband on her death. Another refinement was that an infant holding
land in gavelkind could convey it at the age of fifteen.
By a quirk of history, much information about the long
defunct manor of Scotgrove is available in the pages of Robinson on
Gavelkind., this because Scotgrove was the subject of a leading case
in that field which came before the Court of Common Pleas in the reign of
Edward II. The case, Gatewyk v. Gatewyk, was something of a
medieval Jarndyce v. Jarndyce. That it should have become a leading
case is in itself odd, since there is no evidence that it was ever
decided. For the historian, |