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
When a man dies, his wife shall take one-third and his heirs shall take
one-third of his chattels [movables or personal property]. The other
third he may dispose of by will. If he had no heirs and no will
[intestate], all his chattels would escheat to his lord. Any
distribution of chattels would take place after all the decedent's debts
were paid from the property.
A will required two witnesses. The testator could name an executor, but
if he did not, the next of kin was the executor. A will could not be
made by a man on his death bed because he may well have lost his memory
and reason. Also, he could not give to a younger son if in so doing, he
would deprive his lawful heir. But he could give a marriage gift to a
daughter regardless of the lawful heir.
Usury was receiving back more than what was lent, such as interest on a
loan of money. When a usurer died, all his movables went to the King.
A villein may not buy his own freedom (because all that he has is his
lord's), but may be set free by his lord or by someone else who buys his
freedom for him. He shall also be freed if the lord seduced his wife,
drew his blood, or refused to bail him either in a civil or criminal
action in which he was afterwards cleared. But a freed villein did not
have status to plead in court, even if he had been knighted. If his free
status were tried in court, only a freeman who was a witness to his
being set free could avail himself of trial by combat to decide the
issue. However, if the villein remained peacefully in a privileged town
a year and a day and was received into its guild as a citizen, then he
was freed from villeinage in every way.
A freeman who married a villein lost his freedom. If any parent of a
child was a villein, then the child was also a villein.
All shipwrecked persons shall be treated with kindness and none of
their goods or merchandise shall be taken from them.
If one kills another on a vessel, he shall be fastened to the dead body
and thrown with it into the sea.
If one steals from another on a vessel, he shall be shaven, tarred and
feathered, and turned ashore at the first land.
Passage on the Thames River may not be obstructed by damming up the
river on each side leaving a narrow outlet to net fish. All such weirs
shall be removed.
- Judicial Procedure -
Public-domain text, read in full here on John Shaqi.
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