Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
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. 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 [Quia Emptores] 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. Interests in remainder or reversion of estates in
land replace the lord's tenurial right to succeed to land by
escheat if his tenant dies without heirs.)
In Kent, all men are free and may give or sell their lands
without permission of their lords, as before the Conquest.
(Since Kent was nearest the continent, money flowed between
England and the continent through Kent. So Kent never developed
a manorial system of land holding, but evolved from a system of
clans and independent villages directly into a commercial
system.
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 shires.)
Public-domain text, read in full here on John Shaqi.
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