Customs of Gavelkind
The well-known treatise, entitled “The Common Law of Kent; or the Customs of Gavelkind, with the Decisions concerning Borough-English,” by Thomas Robinson, with additions by J. D. Norwood, comprehends everything relating to the subject, embracing all that is useful in Somner, Tayler, and Lambarde, as well as a full account of both tenure and custumal. The work contains chapters on the etymology and significations of the word Gavelkind; on the antiquity and universality of partible descents in England; on the places out of Kent where the custom of gavelkind may be alleged and maintained; on the manner of pleading the custom, and the difference between that and other counties, and between the general and special customs; on what lands and tenements in Kent are of the nature of gavelkind; of the effect of the alteration of the tenure and of the disgavelling statutes; on the nature of gavelkind in reference to descent and partition, and the remedy for and against parceners by the custom; on the special customs incident to gavelkind lands in Kent, tenancy by the courtesy; of dower, of customary wardship, and of alienation by any infant tenant in gavelkind; the father to the bough and the son to the plough, and the custumal of Kent with precedents. The principal peculiarities which distinguish socage lands subject to the custom of gavelkind from free or common socage are—1. That the lands descend to all males in equal degree, in equal shares. 2. That the husband is tenant by the courtesy of his deceased wife’s lands, whether there were issue born alive or not. 3. That the widow is dowable of one-half instead of the third. 4. That an infant may alien by feoffment at the age of fifteen. 5. That upon a conviction of felony, there is no escheat by reason of corruption of blood; corruption of blood only occurs now in cases of treason, petit treason, and murder—see 54 G. 3, c. 145. These peculiarities do not recommend themselves as possessing so great advantages as to induce us to continue a system of law in Kent different from the rest of England. One of its great disadvantages is the difficulty of deducing the title, on account of the complicated subdivisions of the estate.