By Eileen Spring
ISBN-10: 0807821101
ISBN-13: 9780807821107
Eileen Spring provides a clean interpretation of the historical past of inheritance one of the English gentry and aristocracy. In a piece that recasts either the heritage of actual estate legislation and the background of the relatives, she reveals that one of many valuable and determinative positive aspects of upper-class actual estate inheritance used to be the exclusion of adult females. This exclusion used to be comprehensive through a sequence of felony units designed to nullify the common-law principles of inheritance lower than which—had they prevailed—40 percentage of English land could were inherited or held by means of ladies. present principles of family members improvement painting girl inheritance as expanding within the 17th and eighteenth centuries, yet Spring argues that it is a misperception, because of an incomplete attention of the common-law ideas. woman rights really declined, achieving their nadir within the eighteenth century. Spring indicates that there has been a centuries-long clash among female and male heirs, a clash that has no longer been effectively well-known before.
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Additional info for Law, land & family: aristocratic inheritance in England, 1300 to 1800
Sample text
It is clear, then, not only that landowners had much reduced female inheritance, but also that they had reduced it almost as far as nature permitted. The conclusion that female inheritance was greatly reduced differs from that reached by the Stones themselves. Because they have not considered what the common law meant numerically for female inheritance, or what amount of female inheritance was unavoidable, the Stones conclude that their figures show generosity to females. By adding together inheritance 9.
Why should the exclusion of women have become more rigorous as the feudal levy lumbered its way out of history? There is a change of attitude to women as heirs above and beyond any military justification. Holt has described the early attitude thus: "In the absence of male heirs in the same generation, [the daughter] was the only means of continuing the lineage, the only legitimate route whereby her father's blood could be transmitted. Her children were his grandchildren just as her brother's might have been.
1 It is not to be concluded from these figures that 40 or 32 percent of inheritances would go to women. The figures do not immediately indicate what proportion of inheritances would go to women; they do indicate that the proportion would not vary greatly as population rose. In any case, for the preindustrial era, for the bulk of recorded time, the reasonable working hypothesis is that population was stationary, that is, stationary in size from one generation to the next. Mere reflection on a stationary population will soon suggest that a considerable proportion of inheritances must go to women by common law rules.