Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
Lands which are given to a man and his wife upon condition
that if they die without heirs, the land shall revert to the
donor or his heir, may not be alienated to defeat this
condition.
If a man takes land in marriage with a wife, and she dies
before him, the land will revert to the donor or his heir,
unless the couple has a child, in which case the husband
will have the land by the courtesy of the nation for his
life before it reverts to the donor or his heir.
The ecclesiastical law had a doctrine for women-covert, i.e.
women under the protection or coverture of a husband. It
held that chattels of a woman who married vested in her
husband, but he could not dispose of them by will. Her
jewelry, but not her apparel, could go to his creditors if
his assets didn't cover his debts. If she was a merchant
when she married, she could still sell her goods in the open
market. The husband also had the right to the rents and
profits from his wife's real estate, but not the real estate
itself, unless by the birth of a child he became tenant for
life by courtesy. Only the father, but not the mother had
authority over their children. A father had a right to his
child's services, and could sue a third party for abducting,
enticing away, or injuring the child, just as he could for
his servants. A husband was liable for the debts of his
wife, even if incurred before the marriage. He was
answerable for her torts and trespasses, except for battery.
For this reason, he was allowed to chastise her, restrain
her liberty for gross misbehavior, and punish her by beating
for some misdemeanors. But the courts would protect her from
death, serious bodily harm, or his failure to supply her the
necessities of life. Promises under oath were not recognized
for married women. A conveyance or agreement of a married
woman was void. These principles held only if she was under
the protection of her husband, i.e. a woman-covert, and not
if they lived separately, for instance if he went to sea. If
separated, she had a right to alimony from him to maintain
herself.
A free tenant may alienate his land freely, but if the
alienation was for an estate in fee simple [to a man and his
heirs], the person acquiring the land would hold of the
land's lord and not of the person alienating the land. (This
halted the growth of subinfeudation and caused services as
well as incidents of aids, relief, escheat, wardship, and
marriage to go directly to the Chief Lord. It also
advantaged the Crown as overlord, which then acquired more
direct tenants.)
Public-domain text, read in full here on John Shaqi.
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