to ancient Gothland and Friesland, we find a remarkable similarity. Before customs of all kinds was personal freedom, and in Kent alone of all the English counties every man was from time immemorial personally free. Similarly in London, which was called the ‘Free Chamber of the King of England,’ every man was personally free.[1] The name Franklins of Kent has found a place in our literature, and all the native-born men of London, or those who had resided in it for a year and a day, were similarly accounted freemen. Kentish people, when they migrated, carried with them some, at least, of their own laws and customs, certainly their personal freedom.
The very remarkable custom of Kentish gavelkind may be considered in reference to the customs in and around London. Its nature has already been discussed. Its chief privilege was partible inheritance among the sons, and, failing sons, among the daughters. The gavelkind custom also provided for the inheritance of the homestead by the youngest son. The custom of partible inheritance among sons was the ancient custom of the City of London specially confirmed to the citizens in the charter of William the Conqueror. This charter runs as follows, in modern English: ‘William the King greets William the Bishop and Godfrey the portreeve, and all the burgesses within London, French and English. And I grant you that I will that ye be all of your law worthy, that ye were in the days of King Edward. And I will that every child be his father’s heir after his father’s day. And I will not suffer that any man do you wrong. And God you keep.’ As every child was to be his father’s heir (not his or her father’s), it is clear that the custom referred to was the old Kentish custom of partible inheritance among sons. This custom of dividing the property among the sons was also the custom of the ancient manors of Stepney, Hackney, Canonbury or Canbury, Newington Barrow or Highbury, Hornsey, and Islington.[2]
