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 church elaborated on these principles with a doctrine for
women-covert, i.e. women under the protection or coverture of a
husband, and not living separately such as when a man went to sea or to
war. She had a right to the necessities of life. Her jewelry, but not
her apparel, could go to his creditors if his assets didn't cover his
debts. The husband also had the right to the rents and profits from his
wife's real estate, but not the real estate itself, unless by the birth
of a child he became tenant for life by courtesy. Only the father, but
not the mother had authority over their children. A father had a right
to his child's services, and could sue a third party for abducting,
enticing away, or injuring the child, just as he could for his
servants. A husband was answerable for a wife's torts and trespasses,
except for battery. For this reason, he was allowed to chastise her,
restrain her liberty for gross misbehavior, and punish her by beating
for some misdemeanors. If she was a merchant when she married, she
could still sell her goods in the open market. There could be no
divorce, but only separation. If separated, she had a right to alimony
from him to maintain herself.
There were many conveyances of land to husband and wife and
their heirs. This created a tenancy by the entirety. This land could
not be alienated by only one spouse without the other. On the death of
one spouse, the surviving spouse became the sole tenant of the whole.
Wardships of children and widows were sought because they were
very profitable. A guardian could get one tenth of the income of the
property during the wardship and a substantial marriage amount when the
ward married. Parents often made contracts to marry for their young
children. This avoided a forced marriage by a ward should the parents
die.
Most earldoms and many baronages came into the royal house by
escheat or marriage. The royal house employed many people. The barons
developed a class consciousness of aristocracy and became leaders of
society. Many men, no matter of whom they held land, sought knighthood.
The king granted knighthood by placing his sword on the head of
able-bodied and moral candidates who swore an oath of loyalty to the
king and to defend "all ladies, gentlewomen, widows and orphans" and to
"shun no adventure of your person in any war wherein you should happen
to be". A code of knightly chivalry became recognized, such as telling
the truth and setting wrongs right. About half of the knights were
literate. In 1278, the king issued a writ ordering all freeholders who
held land of the value of at least 400s. to receive knighthood at the
King's hands.
Public-domain text, read in full here on John Shaqi.
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