Gavelkind in Ireland
Encyclopedia
Under Brehon Law
Gavelkind, also known as partible inheritance
, was a species of tribal succession, by which the land was divided at the death of the holder amongst his sons.
Sons of concubines, but not daughters, were included in the division. The Normans gave this Irish inheritance law the name Gavelkind due to its apparent similarity to Saxon inheritance in Kent
.
Often the father prescribed the division before his death. A variant occurred whereby the youngest son divided the land into equal parts. The eldest chose first, followed by the second and so on until the youngest received the remaining land.
In 1703
, in the reign of Queen Anne
, a law was enacted (2 Anne c6 (Ir)), which is commonly known as the Gavelkind Act
. The aim was to ensure that, when a Catholic
died, his estate was divided equally among his sons, unless the eldest son converted to the Protestant faith whereby he could inherit all the land. The law was intended to reduce the size, and therefore influence, of Catholic landed estates.
Brehon Laws
Early Irish law refers to the statutes that governed everyday life and politics in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence in the 13th century, and survived into Early Modern Ireland in parallel with English law over the...
Gavelkind, also known as partible inheritance
Partible inheritance
Partible inheritance is a general term applied to systems of inheritance in which property may be apportioned among heirs. It contrasts in particular with primogeniture, which requires that the whole inheritance passes to the eldest son, and with agnatic seniority where the succession passes to...
, was a species of tribal succession, by which the land was divided at the death of the holder amongst his sons.
Sons of concubines, but not daughters, were included in the division. The Normans gave this Irish inheritance law the name Gavelkind due to its apparent similarity to Saxon inheritance in Kent
Gavelkind
Gavelkind was a system of land tenure associated chiefly with the county of Kent, but found also in other parts of England. Its inheritance pattern bears resemblance to Salic patrimony and as such might testify in favour of a wider, probably ancient Germanic tradition.It was legally abolished in...
.
Often the father prescribed the division before his death. A variant occurred whereby the youngest son divided the land into equal parts. The eldest chose first, followed by the second and so on until the youngest received the remaining land.
In 1703
1703 in Ireland
-Events:* Popery Act , enacted by the Parliament of Ireland, reintroduces gavelkind: when a Roman Catholic dies, his estate is to be divided equally among his sons if they retain their Catholic faith.-Births:*Arthur Gore, 1st Earl of Arran, politician .*Henry Brooke, novelist and dramatist ....
, in the reign of Queen Anne
Anne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
, a law was enacted (2 Anne c6 (Ir)), which is commonly known as the Gavelkind Act
Popery Act
An Act to prevent the further Growth of Poperty was an Act of Parliament of the Parliament of Ireland passed in 1703 and amended in 1709, one of a series of penal laws against Roman Catholics....
. The aim was to ensure that, when a Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
died, his estate was divided equally among his sons, unless the eldest son converted to the Protestant faith whereby he could inherit all the land. The law was intended to reduce the size, and therefore influence, of Catholic landed estates.