While doing some research on for another topic, I came across some additional information that Master Ronald might find important. I first addressed Master Ronald's question here: A Brewing Problem
It is true that inferior brew could be subject to some steep fines, but this is not the only punishment that was used against sellers of inferior ale. Ale wives or brewers who sold bad brew could be subject to being placed in a cucking-stool, a seat with a hole cut in the bottom, as to publicly expose one's bare backside. The intention was public humiliation. The stool would be placed in public near the scene of the crime, where passersby could gawk and jeer. In some cases, the cucking-stool would be on wheels or carried around the village for maximum exposure.
The cucking-stool eventually became the dunking stool, in which the guilty party was tied to a chair that was attached to a lever, allowing for the chair, and the occupant, to be repeatedly dunked in a nearby river or lake. Whereas the cucking-stool merely caused embarassment, the dunking stool did occassionally result in drowning. In either case, these are punishments that a brewer or seller of ale would want to avoid.
In sum, if the threat of heavy fines would not dissuade you from selling a bad batch of ale, perhaps exposing your buttocks to the whole village or being dunked in a nearby river would.
As ever, Yours, in Service,
Ld. Dauid Eadwines sune
Footnotes:
1: Source: Old Time Punishments, William Andrews; 1890, pp. 2-3, 18.
Thursday, March 22, 2012
Wednesday, March 21, 2012
Great sugggestions, from a great site
I have been a forum member of armourarchive.org for over 10 years. It is a fantastic resource for medieval fighting and armor, but it is more than that. All facets of medieval recreation are touched upon in the various forums and essays. I recently reached out to the forum members and they came up with some great suggestions, including medieval traffic laws and an in-depth analysis of the various trials by ordeal.
I think I will work on an article about medieval traffic laws, in an effort to find the medieval Larry H. Parker, in the short term, and try to give the trial by ordeal topic a far more lengthy look.
I am always looking for more topics and more contributors. If you are interested, let me know!
As ever, In Service,
Ld.Dauid Eadwines sune
I think I will work on an article about medieval traffic laws, in an effort to find the medieval Larry H. Parker, in the short term, and try to give the trial by ordeal topic a far more lengthy look.
I am always looking for more topics and more contributors. If you are interested, let me know!
As ever, In Service,
Ld.Dauid Eadwines sune
Thursday, March 15, 2012
While life marches on...
It has been far too long since I have delved into the world of the Medieval Legal Eagle. My young law clerks (my two oldest sons) have expressed an interest in returning to the fair Kingdom of Caid and witnessing the spectacle of the tourney. As a good and faithful subject of the Crown of Caid and the Barony of Altavia, I am using this as an opportunity to show my worth by resuming research on all subjects both medieval and legal.
Please, forward me your questions, post haste! I will endeavor to answer your queries in as complete and accurate a manner possible, short of exposing myself to liability.
I hope to hear from you soon.
Yours in Service,
Ld. Dauid Eadwines sune
Please, forward me your questions, post haste! I will endeavor to answer your queries in as complete and accurate a manner possible, short of exposing myself to liability.
I hope to hear from you soon.
Yours in Service,
Ld. Dauid Eadwines sune
Saturday, May 15, 2010
Officially Official
First, I'd like to apologize for my extended absence, and promise to get back on the proverbial horse asap.
Second, I say with great relief that I am now officially an attorney, having passed the California Bar Examination. This, of course, means that I will be a squire (or esquire) for the remainder of my natural life...
I hope to see you at an event in the near future, but until then, feel free to contact me with your medieval legal issues.
Yours in Service,
Ld. Dauid Eadwinnes sune
Second, I say with great relief that I am now officially an attorney, having passed the California Bar Examination. This, of course, means that I will be a squire (or esquire) for the remainder of my natural life...
I hope to see you at an event in the near future, but until then, feel free to contact me with your medieval legal issues.
Yours in Service,
Ld. Dauid Eadwinnes sune
Tuesday, March 2, 2010
Now the Bar is finally over...
Well, I'm finally done preparing for and taking the Bar. Hopefully, I will never have that experience again!
I am looking for good topics for MLE and for an upcoming installment of my column in The Crown Prints, so send your ideas my way, please!!
I'd also still like to get the Legal Guild off the ground, so if you're interested, let me know.
Hopefully, I will have a new article up soon!
Dauid
I am looking for good topics for MLE and for an upcoming installment of my column in The Crown Prints, so send your ideas my way, please!!
I'd also still like to get the Legal Guild off the ground, so if you're interested, let me know.
Hopefully, I will have a new article up soon!
Dauid
Sunday, February 7, 2010
My CP Article
Let me know what you think!
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,
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,
Wednesday, December 30, 2009
I've been published
Well, my first article has been published in Crown Prints, under the column The Prudent Jurist. If you aren't in Caid, I will be posting it here in a few weeks. If you do have it, let me know what you think! I've been asked to write more articles, so I'm counting on you to give me great topics. Please?!?
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