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
When a man dies, his wife shall take one-third and his heirs
shall take one-third of his chattels [movables or personal property].
The other third he may dispose of by will. If he had no heirs and no
will, all his chattels would escheat to his lord. Any distribution of
chattels would take place after all the decedent's debts were paid from
the property.
A will required two witnesses. The testator could name an
executor, but if he did not, the next of kin was the executor. A will
could not be made by a man on his death bed because he may well have
lost his memory and reason. Also, he could not give to a younger son if
in so doing, he would deprive his lawful heir. But he could give a
marriage gift to a daughter regardless of the lawful heir.
Usury was receiving back more than what was lent, such as
interest on a loan of money. When a usurer died, all his movables went
to the King.
A villein may not buy his own freedom (because all that he has
is his lord's), but may be set free by his lord or by someone else who
buys his freedom for him. He shall also be freed if the lord seduced
his wife, drew his blood, or refused to bail him either in a civil or
criminal action in which he was afterwards cleared. But a freed villein
did not have status to plead in court, even if he had been knighted. If
his free status were tried in court, only a freeman who was a witness
to his being set free could avail himself of trial by combat to decide
the issue. However, if the villein remained peacefully in a privileged
town a year and a day and was received into its guild as a citizen,
then he was freed from villeinage in every way.
A freeman who married a villein lost his freedom. If any parent
of a child was a villein, then the child was also a villein.
All shipwrecked persons shall be treated with kindness and none
of their goods or merchandise shall be taken from them.
If one kills another on a vessel, he shall be fastened to the
dead body and thrown with it into the sea.
If one steals from another on a vessel, he shall be shaven,
tarred and feathered, and turned ashore at the first land.
Passage on the Thames River may not be obstructed by damming up
the river on each side leaving a narrow outlet to net fish. All such
weirs shall be removed.
Judicial Procedure
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