518 Transactions.— Miscellaneous. 
Art: LVIIL— The Law of Gavelkind. By Coteman Pars. 
(A Reply to Messrs. Wallace and George.) 
[Read before the Wellington Philosophical Society, 14th November, 1883.] 
Tre accompanying brief paper purposes to explain the Law of Gavelkind, 
as opposed to the System of Nationalization of Land advocated by late writers, 
such as Messrs. Wallace and George, and apparently adopted in New Zea- 
land. The question, being a philosophical one, I have much pleasure in 
presenting it for discussion to this Society. 
The law of gavelkind, before a.n. 1066, was the general custom of Eng- 
land; the feudal law of primogeniture succeeding it. The word is “ derived 
from the Saxon word ‘gafol,’ or, as it is otherwise written ‘ gavel,’ which 
signifies rent, or a customary performance of husbandry works; ” and, there- 
fore, the land which yielded this kind of service, in contra-distinction to 
knight-service land, was called ** gavelkind,” that is “ land of the kind that 
yields rent.”* 
Such is our best present authority for the word, but Lord Coke held a 
different opinion. I am inclined to follow Lord Coke, although, perhaps, 
in the opinion of feudal lawyers, the definition is a right one. It will be 
necessary hereafter to enquire more fully into its origin. For present pur- 
poses the explanation is sufficient. What I wish you to understand is, that 
the custom of gavelkind means the compulsory subdivision of the land. 
As to descent. *'Gavelkind land descends in the right line to all the 
sons equally, being an exception to the law of primogeniture. In default of 
sons, it descends to the daughters in the ordinary manner.” 
« It is to be remarked, that though females, claiming in their own right, 
are postponed to males, yet they may inherit, together with males, by repre- 
sentation. If aman leave three sons, and purchase lands held in gavelkind, 
and one of the sons dies in the lifetime of his father, leaving a daughter, she 
will inherit the share of her father; yet she is not within the words of the 
custom, inter heredes masculos partibilis ; for she is no male, but the daughter 
of a male, coming in his stead jure representationis.” 
« This custom extends also to the collateral line, for it has been resolved, 
that where one brother dies without issue, all the other brothers shall in- 
herit from him ; and, in default of brothers, their respective issue shall take 
jure representationis. But, where the nephews succeed with an uncle, the 
descent is per stirpes and not per capita ; and so from the nature of the thing | 
it must be, where the sons of several brothers succeed, no uncle surviving, 
for though in equal degree, they stand in the place of their respective 
fathers.” t 
* Wharton’s Law Lexicon. 1 Ibid. 
