Historical points Re: General Rule of Law in the Wizard World & Sirius Estate
Karen Barker
karenabarker at yahoo.co.uk
Sun Jul 10 22:01:02 UTC 2005
No: HPFGUIDX 132392
--- In HPforGrownups at yahoogroups.com, "Steve" <bboyminn at y...> wrote:
> Under Common Law, real property descended to the oldest male heir -
> except in Kent, where partible inheritance among male issue
> prevailed, with the proviso that the youngest son inherited the
> household ("gavelkind"). ***Nowhere did land descend to any female
> if there lived a male heir, /however remote the relationship/.***
> How is it that primogeniture is common sense everywhere in England
> except Kent?
Karen: Just a small historical note in answer to your question:
these laws go back to way before the Norman Conquest and it was really
only just prior to than, so only since about the 10th centuary,
that 'England' became one realm in the way that we
understand 'England' to mean today. Before that time it was a
collection of smaller realms and kingdoms such as Wessex, Mercia, Kent
etc. Kent was a realm in its own right with its own laws and customs
so it is quite conceavable that it had an entirely different set of
laws including inherience laws.
<snip> This brings us to the general historical concept of marriage. In
> marriage, husband and wife become one, they become one in the
>husband. In that sense, Narcissa in becoming one with her husband,
>has joined the House of Malfoy.
Karen again: Actually in medieval England and prior to then, it was
more than that. Through the union of matrimony the wife became
another of the husband's chattels. That is why the woman's father (or
brother in absentia) 'gives her hand in marriage'. He is actually
transfering ownership of the woman from family A to family B. That is
why in the marriage ceremony the woman vowed to obey and why she
endows the husband with all her worldy goods (in other words passed
ownership onto him) whereas he only vows to share his worldly goods
with her. A husband had the right to beat his wife if she displeased
him and it was only considered bad form if he did so in public or
marked her face badly so that it was obvious what had happened. They
were rather more enlightened in Wales where women had more rights.
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