Eileen Spring - Law, land & family: aristocratic inheritance in England, 1300 to 1800
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Law, land & family: aristocratic inheritance in England, 1300 to 1800
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Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under whichhad they prevailed40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.
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Law, Land & Family : Aristocratic Inheritance in England, 1300 to 1800 Studies in Legal History
author
:
Spring, Eileen.
publisher
:
University of North Carolina Press
isbn10 | asin
:
0807821101
print isbn13
:
9780807821107
ebook isbn13
:
9780807864708
language
:
English
subject
Inheritance and succession--Great Britain--History.
publication date
:
1993
lcc
:
KD1500.S68 1993eb
ddc
:
346.7305/2
subject
:
Inheritance and succession--Great Britain--History.
Page i
Law, Land, & Family
Page ii
Studies in Legal History
Published by The University of North Carolina Press in
association with the American Society for Legal History
Editor
Thomas A. Green
Editorial Board
John D. Cushing
J. Willard Hurst
Lawrence M. Friedman
Stanley N. Katz
Charles M. Gray
S. F. C. Milsom
Oscar Handlin
L. Kinvin Wroth
George L. Haskins
Page iii
Law, Land, & Family
Aristocratic Inheritance in England, 1300 to 1800
Eileen Spring
The University of North Carolina Press Chapel Hill & London
Page iv
1993 The University of North Carolina Press
All rights reserved
Manufactured in the United States of America
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
The publication of this work was made possible in part through a grant from the Division of Research Programs of the National Endowment for the Humanities, an independent federal agency whose mission is to award grants to support education, scholarship, media programming, libraries, and museums, in order to bring the results of cultural activities to a broad, general public.
Library of Congress Cataloging-in-Publication Data
Spring, Eileen. Law, land, and family : aristocratic inheritance in England, 1300 to 1800 / by Eileen Spring. p. cm. (Studies in legal history) Includes bibliographical references and index. ISBN 0-8078-2110-1 (cloth: alk. paper) ISBN 0-8078-4642-2 (pbk.: alk. paper) 1. Inheritance and successionGreat BritainHistory. I. Title. II. Series. KD1500.S68 1994 346.7305'2dc20 [347.30652] 93-590 CIP
An earlier version of chapter 1 appeared in the Law and History Review 8 (Fall 1990): 273-96. Reprinted by permission of the Board of Trustees of the University of Illinois Press.
00 99 98 97 96 6 5 4 3 2
Page v
To the memory of my mother, Mary Jeffries
Page vii
Contents
Acknowledgments
ix
Introduction
1
1 The Heiress-at-Law
8
2 The Widow
39
3 Younger Children
66
4 The Pattern Considered
92
5 The Strict Settlement
123
6 Theories of the Family
148
7 Conclusion
181
Appendixes
A Abstract of a Strict Settlement by Orlando Bridgman
187
B Two Examples of Settlements to the Separate Use of a Married Woman
190
C The Trust for Raising Portions: An Example of the Form Usual in Eighteenth-Century and Nineteenth-Century Settlements
191
Index
193
Page ix
Acknowledgments
As I hope in this work to give a new shape to a subject that has been much discussed, I necessarily take a critical stance towards much that my predecessors have written. But in turn, I could not have written without them. If in this work I succeed, then, in putting things together in a different way, it is only because of my predecessors' original thinking and investigations. My fundamental acknowledgment is accordingly to all those who have written before me on this subject, even though I must disagree with their conclusion.
Of other acknowledgments I have few, but they are to individuals whose help has been great. Thomas A. Green, editor of the series in which this book is published, has not only been a kindly and efficient editor, but his perceptive criticism has been invaluable. Anonymous readers of my manuscript have pointed to places where my ideas needed to be filled out or to be more carefully expressed, and I am grateful to them. I also wish to thank Paul M. Romney, who read the manuscript with great care, offering many detailed criticisms that have undoubtedly improved it. Finally, were it not for my husband, David Spring, I should never have produced this book. He years ago put me onto the subject of inheritance among landowners in the nineteenth century. As I ventured backward into earlier centuries, he has at every stage helped in the formation of my ideas. He has even done research for me when he has been in England and I have been in America. Above all, he has ever encouraged an amateur and a female who had developed an interest in a technical legal subject to believe she could have something to say.
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