Medievalists usually distinguished medieval public law from private law: the former was concerned with government and military affairs and the latter with the family, social status, and land transactions. Examination of medieval women’s lives shows this distinction to be overly simplistic. Although medieval women were legally excluded from roles thus categorized as disposing of certain property, suing in court, incurring liability for their own debts, and making wills.
Although feudal lands were normally transferred through primogeniture (the eldest son inheriting all), when no sons survived, the surviving daughters inherited equal shares under what was known as partible inheritance. In addition to controlling any such land inherited from her parents and any bridal dowry—property a woman brought to the marriage from lands jointly with the bride, so that if one spouse died, the other received these lands.
Since many widows had inheritances as well as dowers, widows were frequently the financial heads of the family; even though legal theory assumed the maintenance of the principle of primogeniture, the amount of land the widow controlled could exceed that of her son or of other male heirs. Anyone who held feudal sway is indicated by the fact that some controlled not merely single estates, but multiple counties.
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