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
A widower with a child born of the marriage had all his wife's
lands by curtesy of the nation for his lifetime to the exclusion of her
heirs.
The Capital Messuage [Chief Manor] could not be given in dower
or divided, but went in its entirety to its heir.
Heirs were firstly sons, then daughters jointly, then grandsons
per stirpes, then granddaughters per stirpes, then brothers, and then
sisters of the decedent. [By taking "per stirpes" instead of "per
capita", a person's share goes to that person's heirs if that person
predeceases the ancestor-decedent.] Male heirs of land held by military
service or sons of knights who were under the age of twenty-one were
considered to be in custody of their lords. The lord had wardship over
the heir's land, excluding the third that was the widow's dower for her
life. He also had wardship over the heir's body or person and had the
right to arrange the ward's marriage, which he did as early ass when
the ward was age 6. Both wardships were lucrative and could be bought
and sold. The heir's guardian had to maintain the heir in a manner
suitable to his dignity and restore to him when he came of age his
inheritance in good condition discharged from debts. Otherwise the lord
could take the profits of the land. The guardianship was not fiduciary.
The ward lived with his guardian and was taught to fight. When he came
of age, he did homage and fealty for the land. The mother did not have
a right to the guardianship of a son who was an heir. Male heirs of
sokemen who were under the age of fifteen were in the custody of their
nearest kindred. The son of a burgess came of age when he could count
money, measure cloth, and manage his father's concerns.
Female heirs remained in the custody of their lords until they
married. The lord was bound to find a marriage for his ward when she
became fourteen years of age and then deliver her inheritance to her.
She could not marry without her lord's consent, because her husband was
expected to be the lord's ally and to do homage to him. But if a female
heir lost her virginity, her inheritance escheated to her lord. A woman
with property could not do homage because she could not perform
military service, but she generally swore fealty. She could receive
homage from men.
Bastards were not heirs, even if their father married their
mother after birth.
Any adult inheriting land had to pay a "relief" to the lord of
the land. For a knight's fee, this was 100s. For socage land, this was
one year's value. The amount for a barony depended upon the King's
pleasure.
Heirs (but not widows) were bound to pay the debts of their
fathers and ancestors. A man who married a woman who had inherited land
could not sell this land without the consent of its heirs.
Public-domain text, read in full here on John Shaqi.
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