Gav"el*kind` (?), n.
[OE. gavelkynde, gavelkende. See Gavel tribute, and Kind, n.] (O. Eng. Law) A tenure by which land descended from the father to all
his sons in equal portions, and the land of a brother, dying without issue, descended equally to his brothers. It still prevails in the county
of Kent. Cowell.
Quotes From Classical Literature on 'gavelkind'You can hear pronunciation of the quotes if you click on . The sound files tend to be pretty big. there are local customs which modify that statute. Now which of
all these systems is conformed to the eternal standard of right?
Is it primogeniture, or gavelkind , or borough English? Are wills
jure divino? Are the two witnesses jure divino? Might not the
pars rationabilis of our old law have a fair claim to be regarded
as of celestial institution? Was the statute of distributions
enacted in Heaven long before it was adopted by Parliament? Or
is it to Custom of York, or to Custom of London, that this pre-
nation does not belong to the territory, but the territory to the
nation or its chief. The Irish and Anglo-Saxons, in former
times, held the land in gavelkind , and the territory belonged to
the tribe or sept; but if the tribe held it as indivisible, they
still held it as private property. The shah of Persia holds the
whole Persian territory as private property, and the landholders
among his subjects are held to be his tenants. They hold it from
him, not from the Persian state.
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