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
Husbandry land held in villeinage was inherited according to the custom
of its manor as administered in the lord's manorial court. (The royal
courts had jurisdiction of land held in socage. i.e. free tenure.) The
heir could be the oldest son, the youngest son, a son chosen by the
father to succeed him, or divided among the sons. If there were no sons,
one of the daughters inherited the land or it was divided among all the
daughters. If there were no heirs, the land went back to the lord. Land
could not be sold or alienated so that the heir did not inherit, without
the consent of the lord. Manorial custom also determined the manner of
descent of goods and chattels. A common custom for a villein was that
his best beast go to his lord as heriot and his second best beast go to
the parish priest as mortuary. Then, after debts and burial expenses had
been paid, a number of tools and utensils needed for husbandry and
housekeeping went with the land to its heir. These were the
"heirlooms", 'loom" in old English meaning tool. This usually
included, for a holding of more than 5 acres, a coulter, a plowshare, a
yoke, a cart, an axe, a cauldron, a pan, a dish, and a cask. Finally,
the remaining goods and chattels went one-third to the widow, one-third
to his children except for the heir to the land, and one-third according
to the deceased's last will and testament. A son might take his share
before the death of his father in order to go out into the world and
seek his fortune, for instance in the church or military, upon which
event the father had to pay his lord a fine for his son permanently
leaving the manor. Many country boys became bound apprentices in nearby
boroughs or farm laborers. Others married heiresses of land. By the
custom of "curtesy of the nation", he held this land for his
lifetime, even if his wife predeceased him. If a man remained on the
family land, he had no right to marry. Often, there were agreements over
land holdings that were recorded in the manor books. For instance, it
was common for a father or mother to hand his or her holding over to the
heir in exchange for sustenance in old age. An heir usually did not
marry until after receiving his land. Manorial custom determined whether
a father's consent was necessary for a son or daughter to marry, the
nature of any agreement ("trothplight") between the families as to
lands and goods brought to the marriage, the amount of her marriage
portion, and the son's endowment (her "dower") of lands and goods
promised to the bride at the church door that would provide for her
support after his death. If dower was not specified, it was understood
to be one-third of all lands and tenements. At the next hallmote, if
manorial custom required it, the son would pay a fine to his lord for
entry onto the land and for license to marry. From 1246, priests taught
that betrothal and consummation constituted irrevocable marriage.
Public-domain text, read in full here on John Shaqi.
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