Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
If a man purchased land after his marriage, his wife's dower is still
one-third of the land he had when they married, or less if he had
endowed her with less. But he could then enlarge her dower to one-third
of all of his lands. The same rule applied if the man had no land, but
endowed his wife with chattel or money instead.
Dower law prevented a woman from selling her dower during the life of
her husband. But he could sell it or give it away. On his death, its
possessor had to give the widow the equivalent worth of the property.
A widower had all his wife's lands by curtesy of the nation for his
lifetime to the exclusion of her heirs.
The Capital Messuage [Chief Manor] could not be given in dower or
divided, but went in its entirety to its heir.
Heirs were firstly sons, then daughters, then grandsons per stirpes,
then granddaughters per stirpes, then brothers, and then sisters of the
decedent. [By taking "per stirpes" instead of "per capita", a person's
share goes to that person's heirs if that person predeceases the
ancestor-decedent.] Male heirs of land held by military service or sons
of knights who were under the age of twenty-one were considered to be in
custody of their lords. The lord had wardship over the heir's land,
excluding the third that was the widow's dower for her life. He had to
maintain the heir in a manner suitable to his dignity and restore to him
when he came of age his inheritance in good condition discharged from
debts. Male heirs of sokemen who were under the age of fifteen were in
the custody of their nearest kindred. The son of a burgess came of age
when he could count money, measure cloth, and manage his father's
concerns.
Female heirs remained in the custody of their lords until they married.
The lord was bound to find a marriage for his ward when she became
fourteen years of age and then deliver her inheritance to her. She could
not marry without her lord's consent, because her husband was expected
to be the lord's ally and to do homage to him. But if a female heir lost
her virginity, her inheritance escheated to her lord. A woman with
property could not do homage because she could not perform military
service, but she generally swore fealty. She could receive homage from
men.
Bastards were not heirs, even if their father married their mother
after birth.
Any adult inheriting land had to pay a "relief" to the lord of the
land. For a knight's fee, this was 100s. For socage land, this was one
year's value. The amount for a barony depended upon the King's pleasure.
Heirs (but not widows) were bound to pay the debts of their fathers and
ancestors. A man who married a woman who had inherited land could not
sell this land without the consent of its heirs.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account