Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
But while both the temporal and spiritual courts recognized the validity
of marriages based alone upon mutual consent, followed by a physical
union, the religious ceremony in an early day, was held essential to
endow the wife with the right to the husband’s land. Bracton tells us
that the endowment can only be made at the church door, for while the
marriage may be contracted elsewhere, the bride can only be endowed at
the door of the church.[49]
This rule, however, was of course inconsistent with the recognition
of the validity of the marriage and both the ecclesiastic and temporal
courts went to the extreme limit to legitimize the offspring of
marriages, not the result of a wilful criminal relation. Retroactive
and putative marriages were recognized, both in the temporal and
ecclesiastical courts, when the legitimacy of children depended upon
such a construction and in cases where the parents had married within
the prohibited degrees of consanguinity, or if a woman, in good faith,
married a man already married and believed that he was single and had
children by him, the children would be held legitimate and capable of
inheriting, under the law.[50]
The courts, in order to legitimize the offspring of doubtful marriages,
went the full limit, in upholding the marriage relation from a very
early day, but the consort who abandoned her husband to dwell with her
adulterer, was written beyond the pale of the law. By an old statute, of
the reign of Edward I., a woman who eloped and abode with her adulterer
was punished by a loss of dower[51] and this statute was enforced, in the
case of William and Margaret Paynel, which originated in 1302.[52]
These parties petitioned the king for dower that was due the woman, as
the widow of her first husband, John de Camoys. It was charged that
Margaret had eloped with William and committed adultery with him. In
answer, William and Margaret produced a solemn charter, whereby her
first husband had “given, granted, released and quit-claimed” the said
Margaret to William. They also introduced evidence to the effect that
after they went to live together they had been charged with adultery in
the court Christian, and that by the oath of compurgators, among whom
were married and unmarried ladies and a prioress, they had successfully
met this charge and they offered to leave to the decision of a jury the
issue whether or not they were guilty of adultery in living together. The
court, however, in a lengthy decree, held that the facts on their face
constituted adultery and since no reconciliation of the first husband was
shown, the woman was not entitled to dower, under this statute.[53]
Public-domain text, read in full here on John Shaqi.
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