This, therefore, affirmed not only the rights of the Ladies Temporal to be considered at the time, but the grand principle of non tallagio, non concedendo, to all time for all classes.
CHAPTER V.
COUNTY WOMEN.
“Earls, Lords, and Ladies, Suitors at the County Courts.”
The Statutory history of Individual Privilege is not clear in very early times, before the Norman Customs and Saxon Laws coalesced. Magna Charta was wrested from John in 1215, and confirmed by succeeding monarchs. It is written in Latin, and the word Homo is applied throughout to both sexes. When it is intended to distinguish males from females other words are used. The most important clause in that Charter is, “To none will we sell, to none will we deny, to none will we delay the right of Justice.” There were then no doubts in the mind of the people, no quibblings in the courts of law as to whether or not it extended to women. All early laws are couched in general terms, however they may have suffered from later legal and illegal glosses. Coke upon Littleton, Inst. II., 14, 17, 29, and 45, explains that “Counts and Barons” represent all other titles, whether held by men or women; that Liber Homo meant freeman and freewoman. “Nullus liber homo. Albeit homo doth extend to both sexes, men and women, yet by Act of Parliament it is enacted and declared that this chapter should extend to Duchesses, Countesses, and Baronesses. Marchionesses and Viscountesses are omitted, but, notwithstanding, they are also comprehended within this chapter.”
County women inherited freeholds under the same conditions as Noblewomen.
If an heiress married a man of an inferior family or a smaller property, she could, if she chose, raise him to her rank, and make him take her name. Thomas de Littleton, upon whose Digest of English laws Coke exercised his talents, received arms, name, and estate from his mother, “who, being of a noble spirit, whilst it was in her power, provided, by Westcote’s assent, that her children should bear her name.” In other words, the heiress of the Littletons married Westcote, but while she was yet a freewoman imposed conditions. (See “Life of Littleton” prefixed to his works.)
When married could act as femes soles.—Among “ancient deeds and charters, drawn up by landowners in the time of Edward III. and Richard II.” (Harl. MS. 6187), there are many executed by women, many sealed by women alone, their husbands being alive, many sealed by women along with their husbands.
A grant by William Faber de St. Briarville and Sarra his wife is sealed by the name of Sarra Hathwey alone, and another deed by her son is signed by William Faber, son and heir of Sarra Hathwey.
Robert de la Walter de Staunton and his wife Marjory combine in a deed, and both seals affixed. So Thomas Waryn and his wife Julia, daughter of Thomas Baroun, Richard de Pulton and Agnes his wife, and others.