Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
During the 1100s and 1200s, changes took place with regard to
wills which gradually established a definite common law. They were: The
king's court condemns the post obit gift of land because it was rung
from a man in the agony of dying when he had most probably lost his
memory and his reason, and it disappeared in the late 1100s, except
for burgage tenements. The primogeniture scheme for the descent of land
had been well established in the course of the 1100s and the concept of
a definite heir as appointed by God was now established. Heirship now
has nothing to do with chattels. The church takes jurisdiction by 1200
over succession of chattels and succession assumes a testamentary
character with witnesses and with an executor to carry out the dead
man's will and pay his debts. A will only dealt with the dead man's
part of his chattels, the law providing parts for the wife and
children. If there were both wife and children, the wife took one-third
and the children, except for the heir, one-third and the man could will
the remaining third. If there is a wife but no child or a child but no
wife, one half went to the surviving wife or children, except for the
heir, and one-half was governed by the will. If there was no will,
which was rare, the situation was unsettled, but usually the church
distributed the remaining portion for the good of the dead man's soul.
By statute, no one, including the lord of a manor, may take
land from anyone else, for instance, by the customary process of
distress, without a judgment from the Royal Court. This did not apply
to London, where a landlord leasing or renting land could take distress
in his fee.
No one, including the lord of a manor, shall deprive an heir of
the land possessed by his father, i.e. his birthright.
A tenant may marry off a daughter unless his lord shows some
just cause for refusing to consent to the marriage. A tenant had to pay
an "aid" to his lord when the lord's daughter married, when the lord's
son was knighted, or when the lord's person was ransomed.
A man [or woman] may not will away his land, but he may sell it
during his lifetime.
The land of a knight or other tenant of a military fee is
inherited by his eldest son. The socage land of a free sokeman goes by
its ancient custom before the Norman Conquest.
If a man purchased land after his marriage, his wife's dower is
still one-third of the land he had when they married, or less if he had
endowed her with less. But he could then enlarge her dower to one-third
of all of his lands. The same rule applied if the man had no land, but
endowed his wife with chattel or money instead.
Dower law prevented a woman from selling her dower during the
life of her husband. But he could sell it or give it away. On his
death, its possessor had to give the widow the equivalent worth of the
property.
Public-domain text, read in full here on John Shaqi.
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