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
The modern statutes of descents and distributions, in the United States,
are no doubt founded upon the customs, which had taken the fixed form of
law, at this early period of English history.
In the written English wills that have come down to us, from the middle
ages, we find the dispositions of property governed, largely, by the
customs and laws of the period when the will was written and the forms
and dispositions of property devised by these instruments is as varied as
the imaginations and whims of the testators.
The will of Guy de Beauchamp, Earl of Warwick, dated at Warwick Castle,
Monday, next after the feast of St. James, the Apostle, 1315, provided
for the interment of his body in the Abbey of Bordsley, without funeral
pomp. To Alice, his wife, he left a portion of his plate, a crystal cup
and half his bedding, with all the books in his chapel; to his daughters,
he left the other half of his bedding, rings and jewels; to his son,
Thomas, he left his best coat of mail, helmet and suit of harness, and to
his son, John, he left his second best coat of mail, helmet and harness,
and the remainder of his armour, bows, and other warlike implements were
to remain in Warwick castle, for his heir.[41]
Noticeable among the wills of the fourteenth century is the specific
provision for the place and manner of the interment of the body of the
deceased. The testators of this period of the world’s history, prompted
by their superstition, wrote their wills as if they thought that the
angel of the Lord, on the resurrection day, would scan their wills, to
find the place of their interment. They talked “of graves, of worms, and
epitaphs,” just as the Great Bard makes the weak King Richard speak, who
had naught to bequeath, save his deposed body “to the ground.”[42]
We find that old John of Gaunt, Duke of Lancaster, in 1399, directs, in
his will,[43]
“If I die out of London, I desire that the night my body
arrives there it be carried direct to the Friars Carmelites, in
Fleet Street, and the next day be taken straight to St. Paul’s,
and that it be not buried for forty days, during which I charge
my executors that there be no embalming of my corpse.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account