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Reilly, S. A.

"Our Legal Heritage : 600-1776 King Aehelbert - King George III"

Smallholders made
up about two fifths of the population. A cottager had one to five
acres of land and depended on others for his living. Among these
were shepherds, ploughmen, swineherds, and blacksmiths. They also
participated in the agricultural work, especially at harvest time.
It was possible for a thegn to become an earl, probably by the
possession of forty hides. He might even acquire enough land to
qualify him for the witan. Women could be present at the
witenagemot and shire-gemot [meeting of the people of the shire].
They could sue and be sued in the courts. They could independently
inherit, possess, and dispose of property. A wife's inheritance
was her own and under no control of her husband.
Marriage required the consent of the lady and her friends. The man
also had to arrange for the foster lean, that is, remuneration for
rearing and support of expected children. He also declared the
amount of money or land he would give the lady for her consent,
that is, the morgengift, and what he would bequeath her in case of
his death. It was given to her on the morning after the wedding
night. The family of the bride was paid a "mund" for transferring
the rightful protection they possessed over her to the family of
the husband. If the husband died and his kindred did not accept
the terms sanctioned by law, her kindred could repurchase the
rightful protection. If she remarried within a year of his death,
she had to forfeit the morgengift and his nearest kin received the
lands and possessions she had.


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