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
The barons now managed and developed their estates to be as
productive as possible, often using the successful management
techniques of church estates. They kept records of their fields,
tenants, and services owed by each tenant, and duties of the manor
officers, such as supervision of the ploughing and harrowing. Annually,
the manor's profit or loss for the year was calculated. Most manors
were self-supporting except that iron for tools and horseshoes and salt
for curing usually had to be obtained elsewhere. Wine, tar, canvas and
millstones were imports from other countries and bought at fairs, as
was fish, furs, spices, and silks. Sheep were kept in such large
numbers that they were susceptible to a new disease "scab". Every great
household was bound to give alms.
Manors averaged about ten miles distance between each other,
the land in between being unused and called "wasteland". Statutes after
a period of civil war proscribing the retaking of land discouraged the
enclosure of waste land.
Husbandry land held in villeinage was inherited according to
the custom of its manor as administered in the lord's manorial court.
(The royal courts had jurisdiction of land held in socage. i.e. free
tenure.) The heir could be the oldest son, the youngest son, a son
chosen by the father to succeed him, or divided among the sons. If
there were no sons, one of the daughters inherited the land or it was
divided among all the daughters. If there were no heirs, the land went
back to the lord. Land could not be sold or alienated so that the heir
did not inherit, without the consent of the lord. Manorial custom also
determined the manner of descent of goods and chattels. A common custom
for a villein was that his best beast go to his lord as heriot and his
second best beast go to the parish priest as mortuary. Then, after
debts and burial expenses had been paid, a number of tools and utensils
needed for husbandry and housekeeping went with the land to its heir.
These were the "heirlooms", `loom" in old English meaning tool. This
usually included, for a holding of more than 5 acres, a coulter, a
plowshare, a yoke, a cart, an axe, a cauldron, a pan, a dish, and a
cask. Finally, the remaining goods and chattels went one-third to the
widow, one-third to his children except for the heir to the land, and
one-third according to the deceased's last will and testament. A son
might take his share before the death of his father in order to go out
into the world and seek his fortune, for instance in the church or
military, upon which event the father had to pay his lord a fine for
his son permanently leaving the manor. Many country boys became bound
apprentices in nearby boroughs or farm laborers. Others married
heiresses of land. By the custom of "curtesy of the nation", he held
this land for his lifetime if he had a child born of the marriage, even
if his wife predeceased him. If a man remained on the family land, he
had no right to marry.
Public-domain text, read in full here on John Shaqi.
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