FREE BOOKS

Author's List




PREV.   NEXT  
|<   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193  
194   195   196   197   198   199   200   201   202   203   204   205   206   207   >>  
n-in-Lindsey, in Lincolnshire) there existed the identical arrangement which has been found at Braunton, in Devon. This equal division between daughters Mr. Shore regards as an "intermediate stage between Borough English and Gavelkind." The latter is distinctively the "custom of Kent," and signifies that the land was "partible," and inherited by the sons in equal shares, the youngest son retaining the homestead, and making compensation to his brethren for this addition to his share. Borough English and gavelkind, therefore, though not the same, are near akin; and it is an interesting question which of the two was prior to the other. It may be that gavelkind is the older, and that Borough English is a remnant or distortion of what appears, on the face of it, a more equitable condition of things. On the other hand, gavelkind may have been, so to speak, grafted on a more simple usage which the community, through change of circumstances, had outgrown, and had ceased to possess the same justification as at first. Why should the youngest son take the inheritance? One explanation is that he was presumed to be least able to provide for himself. This, however, expresses only half the truth. The other half has, we think, been furnished by Mr. Peacock: "The most popular explanation in the last [eighteenth] century was the calumny known as _mercheta mulierum_, now known as a malignant fable popularized by novelists and playwrights. Another suggestion is that it is a custom that has survived from some prehistoric race; a third that it has grown up at different points...." Mr. Peacock regards the last as the most likely. "It is only when the population becomes relatively dense that land, apart from what it produces, is of any value. A time, however, would soon be reached when land would have a value of its own. The good soil would soon be taken up, and in the days of a primitive mode of culture third-rate land would be valueless. Then the house-father would be forced by circumstances to make provision, ere his death, for the sons sharing the ancestral domain between them. "Here we have the origin of gavelkind--a form of devolution more widely spread than even ultimo-geniture or Borough English. Gavelkind, however, could be but a temporary provision. As the population grew, so it would be absolutely necessary that the young men of the household should make new settlements for themselves. This fact accounts in its measure for the
PREV.   NEXT  
|<   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193  
194   195   196   197   198   199   200   201   202   203   204   205   206   207   >>  



Top keywords:

English

 
gavelkind
 

Borough

 
explanation
 
population
 

circumstances

 

provision

 

Gavelkind

 
Peacock
 
custom

youngest
 

playwrights

 

points

 

novelists

 

reached

 

malignant

 

popularized

 

suggestion

 
prehistoric
 
produces

survived

 

Another

 

forced

 

temporary

 

geniture

 

ultimo

 
widely
 
spread
 

absolutely

 
accounts

measure

 
settlements
 

household

 
devolution
 
culture
 

valueless

 
primitive
 

father

 

domain

 
origin

ancestral

 

sharing

 

brethren

 

addition

 

compensation

 

making

 
shares
 

retaining

 

homestead

 

question