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
5. For lands held in socage, if the heir is under 14, the next friend
to the heir, to whom inheritance may not descend, shall have the ward of
his body and lands until the heir is 14, at which time the heir may
enter.
6. For lands held by knight's service, if the heir is under 14, then
the lord shall have the ward and marriage of the heir until the heir is
21, if male, or 14 (changed to 16 in 1285), if female. When of age, the
heir shall pay relief.
7. A lease for a term of years is a real chattel rather than a free
tenement, and may pass without livery of seisin.
8. He who has possession of land, though it is by disseisin, has right
against all men but against him who has right.
9. If a tenant is past due his rent, the lord may distrain his beasts
which are on the land.
10. All birds, fowls, and wild beasts of the forest and warren are
excepted out of the law and custom of property. No property may be had
of them unless they are tame. However, the eggs of hawks and herons and
the like belong to the man whose land they are on.
11. If a man steals goods to the value of 12d., or above, it is felony,
and he shall die for it. If it is under the value of 12d., then it is
but petit larceny, and he shall not die for it, but shall be punished at
the discretion of the judges. This not apply to goods taken from the
person, which is robbery, a felony punishable by death.
12. If the son is attainted [convicted of treason or felony with the
death penalty and forfeiture of all lands and goods] in the life of the
father, and after he purchases his charter of pardon of the King, and
after the father dies; in this case the land shall escheat to the lord
of the fee, insomuch that though he has a younger brother, yet the land
shall not descend to him: for by the attainder of the elder brother the
blood is corrupt, and the father in the law died without heir.
13. A man declared outlaw forfeits his profits from land and his goods
to the King.
14. He who is arraigned upon an indictment of felony shall be admitted,
in favor of life, to challenge thirty-five inquirers (three whole
inquests would have thirty-six) peremptorily. With cause, he may
challenge as many as he has cause to challenge if he can prove it. Such
peremptory challenge shall not be admitted in a private suit.
15. An accessory shall not be put to answer before the principal.
16. If a man commands another to commit a trespass, and he does it, the
one who made the command is a trespasser.
17. The land of every man is in the law enclosed from other, though it
lies in the open field, and a trespasser in it may be brought to court.
18. Every man is bound to make recompense for such hurt as his beasts do
in the growing grain or grass of his neighbor, though he didn't know
that they were there.
19. If two titles are concurrent together, the oldest title shall be
preferred.
Public-domain text, read in full here on John Shaqi.
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