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
One may create an estate which will descend in unbroken succession down
the line of inheritance prescribed in the original gift as long as that
line should last, instead of descending to all heirs. This was called a
fee simple conditional holding of land. The successive occupants might
draw the rents and cut the wood, but on the death of each, his heir
would take possession of an unencumbered interest, unfettered by any
liability for the debt of his ancestor or by any disposition made by him
during his lifetime e.g. a wife's estate in dower or a husband's estate
in courtesy. If there was no issue, it reverted to the original donor.
This curtailed the advantage of tenants of the greater barons who
profited by increased wardships and reliefs from subinfeudation from
subdivision and better cultivation of their land while still paying the
greater barons fixed sums. This statute that protected reversionary
estates incidentally established a system of entails. This new manner of
holding land: "fee tail", is in addition to the concepts of land held in
fee simple and land held for life. The donor could give directions that
an estate of inheritance go to a man or woman and certain classes of
particular heirs rather than reverting to himself. A fee tail was often
given to a man and the issue of his body. No donee or nor his heirs
could alienate the land held in fee tail.Interests in remainder or
reversion of estates in land replaced the lord's tenurial right to
succeed to land by escheat if his tenant dies without heirs.
Anyone disseising another whereby he also robs him or uses force and
arms in the disseisin shall be imprisoned and fined. The plaintiff shall
recover seisin and damages.
"All must be ready at the command and summons of sheriffs, and at the
cry of the country, to sue and arrest felons as necessary as well within
franchise as without." Otherwise, he shall be fined. A Lord defaulting
shall lose his franchise to the King. A Bailiff defaulting shall be
imprisoned a year as well as fined, or be imprisoned two years if he
cannot pay the fine. A sheriff, coroner, or any other bailiff who
conceals a felony will be imprisoned for a year and pay a fine, or be
imprisoned for three years if he cannot pay the fine.
Villeins must report felons, pursue felons, serve in the watch, and
clear growth of concealing underwood from roads. They must join the
military to fight on the borders when called. Desertion from the army is
punishable.
Accessories to a crime shall not be declared outlaw before the
principal is proven guilty. (This made uniform the practice of the
various counties.)
Public-domain text, read in full here on John Shaqi.
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