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
All people generally had enough food because of the
commercialization of agriculture. Also, roads were good enough
for the transport of foodstuffs thereon. Four-wheeled waggons
were in general use as well as two-wheeled carts. They were used
for carrying people as well as goods. Goods were also
transported by the pulling of barges on the rivers from paths
along the river. A plough with wheels was used as well as those
without.
The matchlock musket came into use, but did not replace the bow
because rainy weather made it unusable.
Church reforms included abolishing church sanctuaries. Benefit of
clergy was restricted. Archbishops were selected by the King.
Decisions by archbishops in testamentary, matrimonial, and
divorce matters were appealable to the Court of Chancery instead
of to the pope. The clergy's canons were subject to the King's
approval.
The Law
A person having land in socage or fee simple may will and devise
his land by will or testament in writing.
A person holding land by knight's service may will and devise by
his last will and testament in writing part of his land to his
wife and other parts of his land to his children, as long as 1/3
of entailed land is left to the King.
Anyone serving the King in war may alienate his lands for the
performance of his will, and if he dies, his feoffees or
executors shall have the wardship of his heir and land.
A person who leases land for a term of years, even if by
indenture or without a writing, may have a court remedy as do
tenants of freehold for any expulsion by the lessor which is
contrary to the lease, covenant, or agreement. These termers,
their executors and assigns, shall hold and enjoy their terms
against the lessors, their heirs and assigns. The lessor shall
have a remedy for rents due or waste by a termer after
recovering the land as well as if he had not recovered the land.
A lord may distrain land within his fee for rents, customs, or
services due without naming the tenant, because of the existence
of secret feoffments and leases made by their tenants to unknown
persons.
Anyone seised of land to the use or trust of other persons by
reason of a will or conveyance shall be held to have lawful
seisin and possession of the land, because by common law, land
is not devisable by will or testament, yet land has been so
conveyed, which has deprived married men of their courtesy, women
of their dower, the King of the lands of persons attainted, the
King of a year's profits of the of felons, and lords their
escheats.
A woman may not have both a jointure and dower of her husband's
land. (Persons had purchased land to hold jointly with their
wives)
A sale of land must be in writing, sealed, and registered in its
county with the clerk of that county. If the land is worth less
than 40s. per year, the clerk is paid 12d. If the land exceeds
40s. yearly, the clerk is paid 2s.6d.
Public-domain text, read in full here on John Shaqi.
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