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
Heirs were firstly sons, then daughters, then grandsons per
stirpes, then granddaughters per stirpes, then brothers, and
then sisters of the decedent. Male heirs of land held by
military service or sons of knights who were under the age of
twenty-one were considered to be in custody of their lords. The
lord had wardship over the heir's land, excluding the third that
was the widow's dower for her life. He had to maintain the heir
in a manner suitable to his dignity and restore to him when he
came of age his inheritance in good condition discharged from
debts. Male heirs of sokemen who were under the age of fifteen
were in the custody of their nearest kindred. The son of a
burgess came of age when he could count money, measure cloth,
and manage his father's concerns.
Female heirs remained in the custody of their lords until they
married. The lord was bound to find a marriage for his ward when
she became fourteen years of age and then deliver her
inheritance to her. She could not marry without her lord's
consent, because her husband was expected to be the lord's ally
and to do homage to him. But if a female heir lost her
virginity, her inheritance escheated to her lord.
Bastards were not heirs, even if their father married their
mother after their birth.
Any adult inheriting land had to pay a "relief" to the lord of
the land. For a knight's fee, this was 100s. For socage land,
this was one year's value. The amount for a barony depended upon
the King's pleasure.
Heirs (but not widows) were bound to pay the debts of their
fathers and ancestors. A man who married a woman who had
inherited land could not sell this land without the consent of
its heirs.
When a man dies, his wife shall take one-third and his heirs
shall take one- third of his chattels [moveables]. The other
third he may dispose of by will. If he had no heirs and no will
[intestate], all his chattels would escheat to his lord. Any
distribution of chattels would take place after all the
decedent's debts were paid from the property.
A will required two witnesses. The testator could name an
executor, but if he did not, the next of kin was the executor. A
will could not be made by a man on his death bed because he may
well have lost his memory and reason. Also, he could not give to
a younger son if in so doing, he would deprive his lawful heir.
But he could give a marriage gift to a daughter regardless of the
lawful heir.
Usury was receiving back more than what was lent, such as
interest on a loan of money. When a usurer died, all his
moveables went to the King.
Public-domain text, read in full here on John Shaqi.
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