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Reilly, S. A.

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


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 movables went to
the King.
A villein may not buy his own freedom (because all that he has is
his lord's), but may be set free by his lord or by someone else
who buys his freedom for him. He shall also be freed if the lord
seduced his wife, drew his blood, or refused to bail him either in
a civil or criminal action in which he was afterwards cleared. But
a freed villein did not have status to plead in court, even if he
had been knighted. If his free status were tried in court, only a
freeman who was a witness to his being set free could avail
himself of trial by combat to decide the issue. However, if the
villein remained peacefully in a privileged town a year and a day
and was received into its guild as a citizen, then he was freed
from villeinage in every way.


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