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GAVEL

Volume 9 · 308 words · 1810 Edition

or GABEL, among builders. See GABEL.

in Law, tribute, toll, custom, or yearly revenue; of which we had in old time several kinds. See GABEL.

Gavel Kind, a tenure or custom belonging to lands in the county of Kent. The word is said by Lambert to be compounded of three Saxon words, gyfe, eal, kyn, "omnibus cognatione proximis data." Vertefegan calls it gavelkind, quafi "give all kind," that is, to each child his part; and Taylor, in his history of gavelkind, derives it from the British gavel, i.e. a hold or tenure, and cened, "generatio aut familia;" and so gavel cened might signify tenura generationis.β€”It is universally known what struggles the Kentish men made to preserve their ancient liberties, and with how much success those struggles were attended. And as it is principally here that we meet with the custom of gavelkind (though it was and is to be found in some other parts of the kingdom), we may fairly conclude, that this was a part of their liberties; agreeable to Mr Selden's opinion, that gavelkind, before the Norman conquest, was the general custom of the realm. The distinguished properties of this tenure are various: some of the principal are these: 1. The tenant is of age sufficient to alienate his estate by feoffment, at the age of 15. 2. The estate does not escheat in case of an attainder and execution for felony; their maxim being, "the father to the bough, the son to the plough." 3. In most places he had the power of divesting lands by will, before the statute for that purpose was made. 4. The lands descend, not to the eldest, youngest, or any one son only, but to all the sons together; which was indeed anciently the most usual course of descent, all over England, though in particular places particular customs prevailed.