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
Lands which are given to a man and his wife upon condition that if they
die without heirs, the land shall revert to the donor or his heir, may
not be alienated to defeat this condition.
If a man takes land in marriage with a wife, and she dies before him,
the land will revert to the donor or his heir, unless the couple has a
child, in which case the husband will have the land by the courtesy of
the nation for his life before it reverts to the donor or his heir.
Young salmon shall not be taken from waters in the spring.
The ecclesiastical law had a doctrine for women-covert, i.e. women
under the protection or coverture of a husband. It held that chattels of
a woman who married vested in her husband, but he could not dispose of
them by will. Her jewelry, but not her apparel, could go to his
creditors if his assets didn't cover his debts. If she was a merchant
when she married, she could still sell her goods in the open market. The
husband also had the right to the rents and profits from his wife's real
estate, but not the real estate itself, unless by the birth of a child
he became tenant for life by courtesy. Only the father, but not the
mother had authority over their children. A father had a right to his
child's services, and could sue a third party for abducting, enticing
away, or injuring the child, just as he could for his servants. A
husband was liable for the debts of his wife, even if incurred before
the marriage. He was answerable for her torts and trespasses, except for
battery. For this reason, he was allowed to chastise her, restrain her
liberty for gross misbehavior, and punish her by beating for some
misdemeanors. But the courts would protect her from death, serious
bodily harm, or his failure to supply her the necessities of life.
Promises under oath by married women were not recognized. A conveyance
or agreement of a married woman was void. These principles held only if
she was under the protection of her husband, i.e. a woman-covert, and
not if they lived separately, for instance if he went to sea. If
separated, she had a right to alimony from him to maintain herself.
A free tenant may alienate his land freely, but if the alienation was
for an estate in fee simple [to a man and his heirs], the person
acquiring the land would hold of the land's lord and not of the person
alienating the land. (This halted the growth of subinfeudation and
caused services as well as incidents of aids, relief, escheat, wardship,
and marriage to go directly to the Chief Lord. It also advantaged the
Crown as overlord, which then acquired more direct tenants.)
Public-domain text, read in full here on John Shaqi.
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