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
One may create an estate which will descend in unbroken
succession down the line of inheritance prescribed in the
original gift as long as that line should last, instead of
descending to all heirs. This was called a fee simple
conditional holding of land. The successive occupants might
draw the rents and cut the wood, but on the death of each,
his heir would take possession of an unencumbered interest,
unfettered by any liability for the debt of his ancestor or
by any disposition made by him during his lifetime e.g. a
wife's estate in dower or a husband's estate in courtesy. If
there was no issue, it reverted to the original donor. (This
curtailed the advantage of tenants of the greater barons who
profited by increased wardships and reliefs from
subinfeudation from subdivision and better cultivation of
their land while still paying the greater barons fixed sums.
This statute that protected reversionary estates
incidentally established a system of entails. This new
manner of holding land: "fee tail", is in addition to the
concepts of land held in fee simple (i.e. with no
subdivisions) and land held for life. No grantee or his
heirs could alienate the land held in fee tail. The donor
could give directions that the land could remain to another
person rather than reverting to himself. (Interests in
remainder or reversion of estates in land replace the lord's
tenurial right to succeed to land by escheat if his tenant
dies without heirs.)
In Kent, all men are free and may give or sell their lands
without permission of their lords, as before the Conquest.
(Since Kent was nearest the continent, money flowed between
England and the continent through Kent. So Kent never
developed a manorial system of land holding, but evolved
from a system of clans and independent villages directly
into a commercial system.
Anyone disseising another whereby he also robs him or uses
force and arms in the disseisin shall be imprisoned and
fined. The plaintiff shall recover seisin and damages.
"All must be ready at the command and summons of sheriffs,
and at the cry of the country, to sue and arrest felons as
necessary as well within franchise as without." Otherwise,
he shall be fined. A Lord defaulting shall lose his
franchise to the King. A Bailiff defaulting shall be
imprisoned a year as well as fined, or be imprisoned two
years if he cannot pay the fine. A sheriff, coroner, or any
other bailiff who conceals a felony will be imprisoned for a
year and pay a fine, or be imprisoned for three years if he
cannot pay the fine.
Villeins must report felons, pursue felons, serve in the
watch, and clear growth of concealing underwood from roads.
They must join the military to fight on the borders when
called. Desertion from the army is punishable.
Accessories to a crime shall not be declared outlaw before
the principal is proven guilty. (This made uniform the
practice of the various counties.)
Public-domain text, read in full here on John Shaqi.
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