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 could sell or give away his land without the consent of
one's lord. The services of the land, however, could only be sold to
the chief lord. Inheritance of land was to all sons by equal portions,
and if there were no sons, then to all daughters in equal portions. The
eldest brother has his choice of portion, then the next oldest, etc.
The goods of a deceased person were divided into three parts after his
funeral expenses and debts were paid. One third went to the surviving
spouse. One third went to the deceased's sons and daughters. One third
could be disposed by will of the decedent. If there were no children,
one half went to the spouse and one half went according to will. If an
heir was under 15 years old, his next of kin to whom inheritance could
not descend was to be his guardian. A wife who remarried or bore a
child lost her dower land. A husband lost his dower if he remarried. If
a tenant withheld rent or services, his lord could seek award of court
to find distress on his tenement and if he could find none, he could
take the tenement for a year and a day in his hands without manuring
it. It the tenant paid up in this time, he got the tenement back. If he
didn't within a year and a day, however, the lord could manure the
land. A felon forfeited his life and his goods, but not his lands or
tenements. A wife of a felon had the dower of one half or her husband's
lands and tenements.
The common law recognized the tort of false imprisonment if a
man arrested as a felon, a person who was not a felon.
Judicial Procedure
The highest court was the king and his council in Parliament.
It heard the most important causes, important because they concern the
king, or because they concern very great men (e.g. treason), or because
they involve grave questions of public law, or because they are
unprecedented. It has large, indefinite powers and provides new
remedies for new wrongs. The office of great justiciar disappears and
the Chancellor becomes the head of the council. The Chancellor heads
the Chancery, which is the secretarial department of the Royal Court. A
litigant could not proceed without first obtaining a writ from
Chancery. The Chancellor could form new writs.
Public-domain text, read in full here on John Shaqi.
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