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
At his accession, there was a firm foundation of a national law
administered by a centralized judicial system, a centralized executive,
and an organized system of local government in close touch with both
the judicial and the executive system. To gain knowledge of his nation,
he sent royal commissioners into every county to ask about any
encroachments on the King's rights and about misdeeds by any of the
King's officials: sheriffs, bailiffs, or coroners. The results were
compiled as the "Hundred Rolls". They were the basis of reforms which
improved justice at the local as well as the national level. They also
rationalized the array of jurisdictions that had grown up with feudal
government. Statutes were passed by a parliament of two houses, that of
peers (lords) and that of an elected [rather than appointed] commons,
and the final form of the constitution was fixed.
A wife was expected to obey her husband. A husband was deemed
the guardian of his wife. If he starved or mistreated her, he was
subject to punishment by the church court, even excommunication if
necessary. The king's court punished a husband who killed or maimed his
wife. The common law as to husband and wife took a final shape with six
basic principles:
1. A husband, but not the wife, could alienate his wife's land during
the marriage, but not to take effect after his death, e.g. by will.
2. A widow was entitled for her life a dower of one-third of any land
by her husband.
3. The husband can take possession of the wife's chattels and can
alienate them during his life without her permission. He can sue for
all debts due her without her permission. If he survives her, he is
entitled to be administrator of her estate. She can make no will
without his permission.
4. The husband can give away all his chattels, except for her necessary
clothes and her jewelry and paraphernalia.
5. The husband is liable for debts incurred or wrongs committed by his
wife even before their marriage.
6. A wife cannot contract on her own behalf, but may purchase on credit
certain necessaries and household goods.
Public-domain text, read in full here on John Shaqi.
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