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
No man may marry among his own kin within six degrees of relationship
or with the widow of a man as nearly related to him as that, or with a
near relative of his first wife's, or his god- mother, or a divorced
woman. Incest is punishable by payment of one's wergeld or a fine or
forfeiture of all his possessions.
Grounds for divorce were mutual consent or adultery or desertion.
Adultery was prohibited for men as well as for women. The penalty was
payment of a bot or denial of burial in consecrated ground. A law of
Canute provided that if a wife was guilty of adultery, she forfeited all
her property to her husband and her nose and ears, but this law did not
survive him.
Laymen may marry a second time, and a young widow may again take a
husband, but they will not receive a blessing and must do penance for
their incontinence.
Prostitutes were to be driven out of the land or destroyed in the land,
unless they cease from their wickedness and make amends to the utmost of
their ability.
Neither husband nor wife could sell family property without the other's
consent.
If there was a marriage agreement, it determined the wife's "dower",
which would be hers upon his death. Otherwise, if a man who held his
land in socage [owned it freely and not subject to a larger landholder]
died before his wife, she got half this property. If there were minor
children, she received all this property.
Inheritance of land to adult children was by the custom of the land
held. In some places, the custom was for the oldest son to take it and
in other places, the custom was for the youngest son to take it.
Usually, the sons each took an equal portion by partition, but the
eldest son had the right to buy out the others as to the chief messuage
[manor; dwelling and supporting land and buildings] as long as he
compensated them with property of equal value. If there were no
legitimate sons, then each daughter took an equal share when she
married.
In London, one-third of the personal property of a decedent went to his
wife, one-third went to his children in equal shares, and one-third he
could bequeath as he wished.
"If a man dies intestate [without a will], his lord shall have heriot
[horses, weapons, shields, and helmets] of his property according to the
deceased's rank and [the rest of] the property shall be divided among
his wife, children, and near kinsmen."
A man could justifiably kill an adulterer in the act with the man's
wife, daughter, sister, or mother. In Kent, a lord could fine any
bondswoman of his who had become pregnant without his permission
[childwyte].
A man could kill in defense of his own life, the life of his kinsmen,
his lord, or a man whose lord he was. The offender was "caught
red-handed" if the blood of his victim was still on him. Self-help was
available for hamsocne [breaking into a man's house to assault him].
Public-domain text, read in full here on John Shaqi.
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