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
One may create an estate which will descend in unbroken
succession down the line of inheritance prescribed in the original gift
as long as that line should last, instead of descending to all heirs.
This was called a "fee simple conditional" holding of land. The
successive occupants might draw the rents and cut the wood, but on the
death of each, his heir would take possession of an unencumbered
interest, unfettered by any liability for the debt of his ancestor or
by any disposition made by him during his lifetime e.g. a wife's estate
in dower or a husband's estate in courtesy. If there was no issue, it
reverted to the original donor. This curtailed the advantage of tenants
of the greater barons who profited by increased wardships and reliefs
from subinfeudation from subdivision and better cultivation of their
land while still paying the greater barons fixed sums. This statute
that protected reversionary estates incidentally established a system
of entails. This new manner of holding land: "fee tail", is in addition
to the concepts of land held in fee simple and land held for life. The
donor could give directions that an estate of inheritance go to a man
or woman and certain classes of particular heirs rather than reverting
to himself. A fee tail was often given to a man and the issue of his
body. No donee or nor his heirs could alienate the land held in fee
tail.Interests in remainder or reversion of estates in land replaced
the lord's tenurial right to succeed to land by escheat if his tenant
dies without heirs.
Anyone disseising another whereby he also robs him or uses
force and arms in the disseisin shall be imprisoned and fined. The
plaintiff shall recover seisin and damages.
"All must be ready at the command and summons of sheriffs, and
at the cry of the country, to sue and arrest felons as necessary as
well within franchise as without." Otherwise, he shall be fined. A Lord
defaulting shall lose his franchise to the King. A Bailiff defaulting
shall be imprisoned a year as well as fined, or be imprisoned two years
if he cannot pay the fine. A sheriff, coroner, or any other bailiff who
conceals a felony will be imprisoned for a year and pay a fine, or be
imprisoned for three years if he cannot pay the fine.
Villeins must report felons, pursue felons, serve in the watch,
and clear growth of concealing underwood from roads. They must join the
military to fight on the borders when called. Desertion from the army
is punishable.
Accessories to a crime shall not be declared outlaw before the
principal is proven guilty. (This made uniform the practice of the
various counties.)
Public-domain text, read in full here on John Shaqi.
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