My CP Article

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Lord Dauid,
I am a noblewoman who lives in Cornwall in the late 13th century, and I have a question: Does a wife retain the rights to her husband’s property and goods if he dies?

“Mistress Independent”

Mistress –

While I have no doubt that you pose this question solely to be prepared for the unlikely scenario in which you are alive and your husband has shuffled off this mortal coil, I must warn whomever might use this information for, shall we say, motivational purposes, the punishment for murder in virtually all places and times is unpleasant and permanent. That being said, I will cover a few different scenarios that could possibly arise if your husband predeceases you.

Who owns the land in the first place?

Of course, any discussion about land rights has to begin with who really owns the land to start. It is entirely possible that the lord of the area has retained rights to the land you now possess. If that is indeed the case, if it is his will to do so (and often times it was), you would be evicted upon your husband’s death, lucky to have the clothes on your back. In many places, however, the rights to the land were retained by individuals, allowing for the property to be retained, under certain circumstances, by the widow. Not that this was a foregone conclusion. Widow’s estates in land were the subject of many legal disputes, even between mother and son. I shall leave any lament for the ungrateful nature of children to others.

If the husband owns the land, what happens?

Although a husband and a wife could not inherit from each other, because under the law they were one person, a method could be utilized that ensured a surviving spouse received all of the deceased spouse’s assets, or at least the benefit from them. This method was called “the use.” The husband could grant his lands to a foeffee to hold and use them as instructed in his will. If the wife was the instructed beneficiary in the husband’s will, she could receive the benefit of the land and bypass this restriction on passing land from husband to wife. But even if this was not used by your husband, you have significant protection under the law. A right of dower, usually one-third to one-half of the estate, was guaranteed to the widow to support her. This was the groom’s wedding gift to his bride, and was designed to ensure that a widow and her children were properly cared after if her husband died. This property reverted to the deceased husband’s family upon her death. The Magna Carta, considered to be the pinnacle of legal documents of the time, placed the widow’s right of dower above any existing creditors’ rights, ensuring she would be taken care of even if her husband died while in debt. You would also be able to retain the home where you and your husband lived, until you die or remarry. This right is called freebench. In addition, you might retake any dowry provided by her family in some circumstances. The remainder of the estate would fall to any male heirs. You would need to determine what agreement was made concerning you and your husband’s assets, what was provided by your husband for dower and what your father provided for dowry to have a better understanding of how much land you would continue to control.

Do you really want it anyway?

Many records indicate that widows prefer to have land be disposed of instead of attempting to manage it herself. In London at this time, St. Bartholomew’s Hospital offered to take over widows’ estates or assist in their disposition. Often, those who took advantage of these services did so because the family estate was overwhelmed with debt. Another reason for disposing of property was because the widow had sufficient wealth and did not want to expend the effort to maintain the property, instead wishing to retire to a life of leisure. Others would exchange their interest in property for services from the Hospital, such as taking care of them in their dotage or caring for their minor sons. They would then become Sisters of St. Bartholomew’s until their death. These services were well thought of in the community at the time, and St. Bartholomew’s Hospital was looked upon as benevolent, and not intended to take advantage of vulnerable women.

Of course, many other widows did choose to receive rents and manage their property after their husband died. In fact, some widows even wrote advice to other women as to how to handle such tasks. Advice for Noblewomen by Christine de Pisan (1405) and the household accounts of Dame Alice de Bryene (1412-1413) are two such examples. You, sounding like a strong-willed, intelligent and independent woman would most likely pursue this avenue, and I would suggest seeking out this fantastic advice in the sources listed below.

If you got the land, was it yours to dispose of as you wish?

It appears so, at least in the early 14th century. Records indicate that women could give inheritances to whomever they chose, even giving land to their daughter and her husband when she had a surviving son. As indicated above, the snubbed son might challenge the validity of the bequest in court. Until the fourteenth century, many court proceedings would take place in the ecclesiastical courts, who took responsibility for the welfare of widows, whom they considered to be among the oppressed, and in particular need of protection. Widows would also take their cases to Court of Common Pleas, a royal court. In fact, widows were considered among the most litigious in a fairly litigious time.

At this time, unmarried and widowed women had far higher legal standing than their married counterparts. Married women were subject to rule by their husbands and had no legal status. They could not bring suit, enter contracts or appear in court on civil matters, and although they could be sued, it would fall to their husbands to actually defend against the charges. Once widowed, most of these restrictions were lifted. This change in status was vital in order to allow for widows to administer their estates effectively. Of course, the legal landscape is a tricky one, fraught with dangers. Retaining competent counsel, such as myself, is vitally important.

Conclusion:

It is very likely that you would, as an aristocratic widow, retain at least a portion of the lands after your husband passes on. You would also most likely have the ability to retain and manage these lands. You would even have the ability to dispose of some of this land in any manner you see fit. I hope you do not find any inspiration in this counsel to in any way accelerate your husband’s death. In short, I wish you many, many years of wedded bliss.

Yours in Service,

Lord Dauid Eadwines sune

Sources:
1. Shahar, Shulamar. The Fourth Estate: A History of Women in the Middle Ages. New York: Methuen and Company , 1983: p. 95-96
2. Cavell, Emma, “Aristocratic Women and the Medieval Welsh Frontier, The Shropshire Evidence”. Transactions of the RHS, Royal Historical Society, 2007. http://journals.cambridge.org/download.php?file=%2FRHT%2FRHT6_17%2FS0080440107000539a.pdf&code=c610c638dc6614c6b5d589f01343f27c
3. Steuer, Susan M.B. “Family Strategies in Medieval London: Financial Planning and the Urban Widow”, 1123-1473, http://www.illinoismedieval.org/ems/VOL12/steuer.html
4. McCarthy, Connor. Marriage in Medieval England: Law, Literature and Practice. Woodbridge: The Boydell Press, 2004
5. Amt, Emily, Editor. Women’s Lives in Medieval Europe: A Sourcebook. New York: Routlidge, 1993
6. Gies, Frances and Joseph, Women in the Middle Ages. New York: Thomas Y. Crowell Company, 1978
7. Virgoe, Roger, Editor. Private Life in the Fifteenth Century. New York: Toucan Books Unlimited, 1989
8. Sheriden Walker, Sue. Wife and Widow in Medieval England. University of Michigan, 1993,