#A MARRIED WOMAN ALSO COULD NOT DEED PROPERTY WITHOUT THE PERMISSION OF HER HUSBAND
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wonder-worker · 1 year ago
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Here’s the thing I need people to understand:
Even if we believe that the (entirely unproven and far too politically convenient) pre-contract story between Edward IV and Eleanor Talbot was true, it doesn’t actually matter. Even if it was hypothetically true, there was still no reason why Edward V – who was already King at that point and was referred to as such – couldn’t have been able to succeed his father regardless.
David Horspool (Richard's own historian) summarizes it better than I could, so I’m just quoting him here:
"[Richard also made] no allowance for any potential solution to the problem that might have re-legitimized Edward V and his siblings. These included securing a retrospective canonical or papal judgement of the invalidity of the pre-contract; an Act of Parliament legitimizing the children of Edward and Elizabeth Woodville’s marriage, as happened to Henry VIII’s variously tainted offspring; or even ignoring the issue and proceeding to the coronation of Edward V, which would legitimize him by making him the Lord’s anointed, and render allegations of his bastardy as newer versions of the old tittle-tattle about his father."
In short, even if Edward IV truly had a pre-contract with Eleanor Talbot, and even if all of his children with Elizabeth Woodville were supposedly illegitimate, it should by no means prevent Edward V from succeeding his father to the throne. If Richard truly wanted to support his nephew, he had a variety of useful and entirely workeable options to choose from. Instead, he officially declared his nieces and nephews (including a literal 3-year-old) illegitimate, kept Edward V and his even younger brother confined in the Tower of London, and declared himself King.
Why didn't Richard take these actions, all of which he would have been well aware of? As Horspool says simply: "that Richard took none of these courses was because he had no interest in doing so."
The ONLY conclusion we can come to based on Richard's actions is summarized most succinctly by A.J Pollard:
"The truth of the matter is that Richard III did not want Edward V to be legitimate because he did not want him to be king."
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starshipsofstarlord · 4 years ago
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A Stark Contrast | Bucky Barnes
Summary; living in the shadow of Tony, your brother, always was the way, and you accepted it. That was until he expected you to sign the accords, that was one thing that you couldn’t do.
Warnings; Angst, mentions of death, mentions of being controlled, funeral, mourning, anger
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The form, bound in a weighty book laid on the table, making the room fill with utmost tension. Tony was hellbent on signing the thing, and handing away any freedom that all of you had.
No matter how long you had supported him, this was not one subject that you could agree with him on. Whilst you understood his perspective, it would only end up with you in a hamster wheel, running around and following the orders of executives.
They wanted less destruction. To put boundaries around their country’s heroes, and limit them to the lengths they could go to in order to save lives.
That was also wrong, the entire ordeal had you bent backwards with a conflict of interests. On one hand, it would be ordinary to sign for such a cause, whether you trusted their backgrounds or not, simply because your elder sibling had.
There was nobody that you trusted more than Tony, he had half raised you after your parents were killed, you felt indebted to him. But being an avenger, on a team where your personal opinion had been valued, it opened your eyes to a whole range of possibilities.
Whilst you were loyal to Tony, you had also became in tune with your own gut. It grumbled at the prospect of giving in to a contract, which decided what you were permitted to do. It was like a child’s parent permission slip, but on a much grander scale.
“People died!” He reminded the lot of you again, which inclined you to look down. There was blood on all of your hands, and he was making it as red as it could possibly be seen. “At least y/n agrees with me.” He reprimanded Steve, whom was still far on the fence regarding the entire ordeal.
Once he said that, all eyes had shifted towards you. Nat had already basically given in to your brother’s convictions, and Steve suspected that you would do the same. You were always one step behind Tony, you were far too loyal to your sibling for your own good.
“I have yet to make up my mind.” You spoke, standing, no longer wishing to be in the room where there was far too much tension. How you wished Banner and Thor were here, they would make an equal divide. The God of Thunder would not scribble his signature upon the paper, you thought to yourself, if he knew their reasons and affects.
However, your words were taken as an assumption that you would join your sibling in providing a peaceful surrender. It is what he and the public would assume of you, and to be truthful, you were tired of sticking to the stereotypes that were made of you.
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“I’m surprised that you came.” Steve spoke, as you opened the boot of your car, and revealed the shield that he was so often adorned with, as well as Sam’s wings. He, like most others, had suspected that you would join your brother in his guilt ridden cause, however, thinking for yourself gave you a sense of freedom.
“Don’t be so quick to prevail into what everyone else thinks of me.” You smirked at the captain, your eyes drifting over to the other super soldier, whom had temporarily been imprisoned by the government.
But he had escaped, and if luck was not often a Stark trait, Tony would have died. You had watched from the cameras, but you could boil no bad blood in between the pair of you, Barnes was not in his right mind. He was controlled, and put into a incomprehensible mode of himself. That was, unless, he had managed to kill Tony.
Then you would have changed your own deciding mind, and stuck to what the eldest Stark believed in. “I won’t, ever again.” Sam smiled, picking up redwing from the composed pile, and kissing the machine.
“Bucky.” You reiterated his name, the one that he had chosen to correct the unknown and deceiving man on. The nod you earnt was brief, but it gave you a sense of hope that whirled in your middle. 
It was clear that he was an attractive man, and alike his righteous friend, he was frozen through time to be in this current moment. As Sam and Steve began to get their things together, you walked over to the historical stranger, a smile upon your face. “I’m y/n Stark, I don’t believe we have had the fortune of meeting before.”
“You sure do speak like a Stark.” He softly spoke, a matching smile on his brawn face. “And you seem to have other things in common, like that necklace.” At his words, you looked down at it, a hint of anguish within your gaze.
“It belonged to my mother.” It was nice to reminisce about her for a moment, you knew that she would have made her own decisions too. In some retrospect, you were following in her footsteps.
A feeling grew in the back of Bucky’s throat, but he said nothing. If he were to spill, or reveal his dark secret, it would mean nothing more than the loss of a powerful asset, they could not afford that right now.
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“Do you ever think about what would have happened if you got to return home?” It had been a stressful day, fighting your friends, and your last living family member. Bucky turned at your words, you had saved him from being killed, he felt indebted.
“Probably do what every other soldier did; find a woman to marry and have kids. But that’s far out of the picture in this modern age.” Steve was flying the aircraft as you and Bucky spoke in the back. It gave the two of you a moment alone, and you were truly knowing as though you knew the soldier.
He was a good man, misinterpreted by the deeds that he was controlled to do. No one chose to have pity on Barnes, they instead viewed him as a country danger, and wanted to lock him up in a cage, which was how he had come so far in the first place.
“I wouldn’t say that.” For a moment, you looked into his deep blue eyes, feeling as though he were freezing you with them. He didn’t want to look away, but you were inclined to, for you could feel the contrasts of hot and cold heat working its way up your neck, and onto your face. “There’s definitely a woman that would want all that and more with you.”
If things were simpler, you would be convinced that you could share such an intimate bond with him, but alas, everything had to be complicated. And if things could work out, they surely couldn’t last.
“We’re here.” Steve informed the both of you, as he slid out of his front seat, and you prepared to finish this for once and for all.
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“How could you?!” You couldn’t defend him as Tony blasted him away, Bucky had played you, and done so well. He and Steve knew of the blood on his hands, and yet they hadn’t thought once to inform you of the one true treachery regrading you.
Bucky had killed your mother, from the intake of information alone, you felt sick. Physically sick. But you choked it down, and as Steve unsurely came towards you, you ran at him, angered by his lies.
From the start, the patriot of America, someone you had considered a friend had deceived you. You had helped him, stood with him, fought your friends for him, and not to mention Tony, and he had known all along.
“Y/n-”
“Save your apologies Rogers.” You stared him down, as he had Bucky held up by one arm, seeing as Barnes had lost one of his own again. “And you, you’re right, there’s no perfect picture, you’re nothing but a monster.”
“Listen.” Steve commanded, but you couldn’t. He was no longer considered your captain, he was a sick liar who had helped to break you. This was the last time that you made your own decisions. Tony was always right.
“You don’t deserve that shield, my father made that. It’s government property-” swiftly he dropped said item, an exhausted and tiresome expression upon Steve’s helmet wearing face.
As soon as they trudged by, you instantly went to Tony, checking his wounds. “You were right brother, I should have listened to you.”
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“Your dad loved cheeseburgers too.” You laughed lightly to Morgan, blinking back the tears. It was Tony’s funeral, there were so many people here, even Fury, but there was someone else, who was walking towards you. “Why don’t you go and ask Happy, I have some business that I have to tend to quickly.”
“Okay auntie y/n.” She ran off. She was so innocent, she didn’t deserve to be going to her father’s funeral at five years old, it was truly cruel. But that was just the way the world worked, and Tony was a hero.
“Hi.” Bucky spoke, adorned in all black, same as you. It had been a long time since you had seen him, not since he was being carried away by Steve. You hadn’t fought in Wakanda, instead you had ended up on Titan with your brother, and you would have surely died without him.
“Hey Barnes.” You greeted him with a forced smile, but nevertheless allowed him to step closer.
“I’m sorry for your loss.” He said, the guilt still burning behind his eyes. It seemed that his time in Wakanda had changed him, for the better.
“Which one?” You quipped back, instantaneously. 
“All of them.” He gulped, he was going to give you one truth before you found out after. It was his attempt at redemption, and a sorrowful one at that. “Steve’s returning the stones later.”
“I know.” You responded, the captain had already informed you about that part of his plan.
“And he’s not coming back.”
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“Anthony Howard and Steven Nathan Barnes, the two of you better get back here this instant!” Your voice hollered through the house, as well as the duo’s endless giggles.
The front door opened, no other than Bucky walking through. He was quick to recognise the flash of motherly anger upon your face, and quickly dropped his serene smile.
“What have they done?” Bucky asked, watching as you crossed your arms in an unimpressed manner.
“Why don’t you ask your sons?” Your husband sighed, but despite that, he was a happy man. He had returned from a war, and found a lovely wife, of which he had two troublesome boys with. For the first time in a long time, y/n Stark and Bucky Barnes were happy.
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lionel3350 · 8 years ago
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TO UNDERSTAND BLACK HISTORY-- IN AMERICA ONE MUST UNDERSTAND THE ----SLAVE CODES---- Slave Codes were sets of laws during the colonial period and/or in individual states after the American Revolution, which defined the status of slaves and the rights and responsibilities of slave owners. Definition of "slaves"[edit] Virginia, 1639 "Act XI. All persons except the African slaves are to be provided with arms and ammunitions or be fined at the pleasure of the governor and the council."[1] Virginia, 1662 "Whereas some doubts have arisen whether children got by any Englishmen upon a Negro shall be slave or Free, Be it therefore enacted and declared by this present Grand assembly, that all children born in this country shall be held bond or free only according to the condition of the mother." Maryland, 1664 "That whatsoever free-born [English] woman shall intermarry with any slave [...] shall serve the master of such slave during the life of her husband; and that all the issue of such free-born women, so married shall be slaves as their fathers were." (see also: Nell Butler) Virginia, 1667 "Act III. Whereas some doubts have arisen whether children that are slaves by birth [...] should by virtue of their baptism be made free, it is enacted that baptism does not alter the condition to the person as to his bondage or freedom; masters freed from this doubt may more carefully propagate Christianity by permitting slaves to be admitted to that sacrament." Virginia, 1682 "Act I. It is enacted that all servants [...] which shall be imported into this country either by sea or by land, whether Negroes, Moors, mulattoes or Indians who and whose parentage and native countries are not Christian at the time of their first purchase by some Christian [...] and all Indians, which shall be sold by our neighboring Indians, or any other trafficking with us for slaves, are hereby adjudged, deemed and taken to be slaves to all intents and purposes any law, usage, or custom to the contrary notwithstanding." Virginia, 1705 "All servants imported and brought into the Country...who were not Christians in their native Country...shall be accounted and be slaves. All Negro, mulatto and Indian slaves within this dominion...shall be held to be real estate."[2] South Carolina, 1712 "Be it therefore enacted, by his Excellency, William, Lord Craven, Palatine.... and the rest of the members of the General Assembly, now met at Charles Town, for the South-west part of this Province, and by the authority of the same, That all negros, mulattoes, mestizo's or Indians, which at any time heretofore have been sold, or now are held or taken to be, or hereafter shall be bought and sold for slaves, are hereby declared slaves; and they, and their children, are hereby made and declared slaves..." Violence and other injustices against slaves[edit] Virginia, 1705 – "If any slave resists his master...correcting such a slave, and shall happen to be killed in such correction...the master shall be free of all punishment...as if such accident never happened." South Carolina, 1712 – "Be it enacted by the authority aforesaid, That no master, mistress, overseer, or other person whatsoever, that hath the care and charge of any negro or slave, shall give their negroes and other slaves leave...to go out of their plantations.... Every slave hereafter out of his master's plantation, without a ticket, or leave in writing, from his master...shall be whipped...." Louisiana, 1724 – "The slave who, having struck his master, his mistress, or the husband of his mistress, or their children, shall have produced a bruise, or the shedding of blood in the face, shall suffer capital punishment." Reading by slaves illegal[edit] Some Slavery Codes made teaching Mulatto, Indian and indentured slaves illegal.[3] Alabama, 1833, section 31 – "Any person or persons who attempt to teach any free person of color, or slave, to spell, read, or write, shall, upon conviction thereof by indictment, be fined in a sum not less than two hundred and fifty dollars, nor more than five hundred dollars." Alabama, 1833, section 32 – "Any free person of color who shall write for any slave a pass or free paper, on conviction thereof, shall receive for every such offense, thirty-nine lashes on the bare back, and leave the state of Alabama within thirty days thereafter..." Alabama, 1833, section 33 – "Any slave who shall write for any other slave, any pass or free-paper, upon conviction, shall receive, on his or her back, fifty lashes for the first offence, and one hundred lashes for every offence thereafter..." Example slave codes[edit] Deep South[edit] South Carolina established its slave code in 1712, based on the 1688 English slave code employed in Barbados. The South Carolina slave code served as the model for other colonies in North America. In 1770, Georgia adopted the South Carolina slave code, and then Florida adopted the Georgia code.[4] The 1712 South Carolina slave code included provisions such as:[4] Slaves were forbidden to leave the owner's property, unless accompanied by a white person, or obtaining permission. If a slave leaves the owner's property without permission, "every white person" is required to chastise such slaves Any slave attempting to run away and leave the colony (later, state) receives the death penalty Any slave who evades capture for 20 days or more is to be publicly whipped for the first offense; branded with the letter R on the right cheek for the second offense; and lose one ear if absent for thirty days for the third offense; and castrated for the fourth offense. Owners refusing to abide by the slave code are fined and forfeit ownership of their slaves Slave homes are to be searched every two weeks for weapons or stolen goods. Punishment for violations escalate to include loss of ear, branding, and nose-slitting, and for the fourth offense, death. No slave shall be allowed to work for pay, or to plant corn, peas or rice; or to keep hogs, cattle, or horses; or to own or operate a boat; to buy or sell; or to wear clothes finer than 'Negro cloth' The South Carolina slave code was revised in 1739 with the following amendments:[4] No slave shall be taught to write, work on Sunday, or work more than 15 hours per day in Summer, and 14 hours in Winter. Willful killing of a slave exacts a fine of 700 pounds, and "passion" killing 350 pounds The fine for concealing runaway slaves is $1,000 and a prison sentence of up to one year A fine of $100 and six months in prison are imposed for employing any Black or slave as a clerk A fine of $100 and six months in prison are imposed on anyone selling or giving alcoholic beverages to slaves A fine of $100 and six months in prison are imposed for teaching a slave to read and write, and death is the penalty for circulating incendiary literature Freeing a slave is forbidden, except by deed, and after 1820, only by permission of the legislature [Georgia required legislative approval after 1801] Some elements of these codes were rarely or laxly enforced as they imposed costs or limitations upon (politically powerful) slaveowners. For instance, well after 1712, slaves commonly worked for hire in Charleston.[5] Tobacco states[edit] The slave codes of the tobacco colonies (Delaware, Maryland, North Carolina, and Virginia) were modeled on the Virginia code, which was initially established in 1667.[4] The 1682 Virginia code included the following provisions:[6] Slaves were prohibited from possessing weapons Slaves were prohibited from leaving their owner's plantations without permission Slaves were prohibited from lifting a hand against a white person, even in self-defense A runaway slave refusing to surrender could be killed without penalty District of Columbia slave codes[edit] Slaves were a common sight in the nation's capital. Harsh regulation of these urban slaves, most of whom were servants for the government elite, was in effect until the 1850s. Compared to some southern codes, the District of Columbia was relatively moderate. Slaves were allowed to hire their services, live apart from their masters, and free blacks were even allowed to live in the city and operate schools. The code could be used by attorneys and clerks who referred to it when drafting contracts or briefs. By 1860, there were over 11,000 free blacks and over 3,000 slaves in the District of Columbia. Following the Compromise of 1850, the sale of slaves was outlawed within Washington D.C. Slavery in the District of Columbia ended in 1862 and nearly 3,000 slaves were offered a compensation. The official printed slave code was issued only a month before slavery ended there. Northern colonies[edit] Slave codes in the Northern colonies, before slavery was abolished, were less harsh than slave codes in the Southern colonies, but contained many similar provisions, such as forbidding slaves from leaving the owner's land, forbidding whites from selling alcohol to slaves, and specifying punishment for attempting to escape.[7] Proper treatment of slaves[edit] [icon] This section requires expansion. (August 2013) Southern slave codes did make willful killing of a slave illegal in most cases.[8] For example, in 1791 the North Carolina legislature made the willful killing of a slave murder, unless done in resisting or under moderate correction.[8] Historian Lawrence M. Friedman wrote: "Ten Southern codes made it a crime to mistreat a slave. ... Under the Louisiana Civil Code of 1825 (art. 192), if a master was “convicted of cruel treatment,” the judge could order the sale of the mistreated slave, presumably to a better master."[9] Due Process Rights for Slaves[edit] In Florida, a slave charged with a capital offense was entitled to legal counsel to represent him, on the theory that the master should not be deprived of his property (through hanging) unless the slave got a fair trial. In at least one case, a slave charged with raping a white woman was acquitted.[10] Contents [hide] 1 Provisions 1.1 Definition of "slaves" 2 Violence and other injustices against slaves 2.1 Reading by slaves illegal 3 Example slave codes 3.1 Deep South 3.2 Tobacco states 3.3 District of Columbia slave codes 3.4 Northern colonies 3.5 Proper treatment of slaves 3.6 Due Process Rights for Slaves 4 See also 5 Notes 6 References 7 Further reading 8 External links Provisions[edit]
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wonder-worker · 1 year ago
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I received an anon asking me to clarify what I meant about Eleanor Talbot in my tags. Since Eleanor as an individual is largely excluded from the discussion of her own alleged pre-contract, I figured I should elaborate a bit.
A small argument that keeps occasionally popping up among Ricardian/Yorkist (they're one and the same, honestly) circles is that Eleanor Talbot supposedly considered herself married to Edward IV. Their "evidence" is that Eleanor chose to deed some land to her sister Elizabeth Talbot during her lifetime (4th June 1468) rather than leave it to her in her will. The conclusion they've arrived at is that the only reason Eleanor could have chosen to do this because she considered herself married to the King and thus, as a women woman, could not bequeath real property by will without the permission of her husband.
(This isn't a new theory. It was initiated and popularized by John Ashdown-Hill (ie: the one who believed Elizabeth Woodville was a witch and serial assassin who murdered anyone who crossed her). But I often see it used by diehard Ricardians/Yorkists as a sort of "gotcha!" point, and I must say, it's an abysmally poor argument. Not least because it relies on taking John Ashdown-Hill of all people seriously as a historian.)
The glaring problem with this argument? A married woman also could not deed property without the permission of her husband. As Susan Higginbotham points out, "this was no arcane point of medieval law; it was a fact of everyday life which anyone in the landowning classes would have been acutely aware. If Eleanor believed that she had a valid marriage to Edward IV that prevented her from making a will, she would have been equally unable to make a valid deed without her ‘husband’ joining in." (italics by me). And mind you, this was 4 years after Edward's marriage to Elizabeth Woodville.
What does this mean? Simply put, Eleanor Talbot's actions indicate that she did not consider herself married to anyone in 1468.
I think this is especially important to recognize because even though Eleanor was dead in 1483 and was thus unable to validate/invalidate the claim of an alleged pre-contract (making Richard's use of her infinitely more convenient and suspect...), her actions and decisions during her life nevertheless do indicate what she thought of her own marital status - or, in this case, lack of one - after 1464. They tell us, point blank, that Eleanor did not consider herself married to Edward IV at all. What Eleanor's actions prove is, literally, the exact OPPOSITE of what Ricardians claim.
Ricardians really have a habit of shooting themselves in the foot, huh?
Here’s the thing I need people to understand:
Even if we believe that the (entirely unproven and far too politically convenient) pre-contract story between Edward IV and Eleanor Talbot was true, it doesn’t actually matter. Even if it was hypothetically true, there was still no reason why Edward V – who was already King at that point and was referred to as such – couldn’t have been able to succeed his father regardless.
David Horspool (Richard's own historian) summarizes it better than I could, so I’m just quoting him here:
"[Richard also made] no allowance for any potential solution to the problem that might have re-legitimized Edward V and his siblings. These included securing a retrospective canonical or papal judgement of the invalidity of the pre-contract; an Act of Parliament legitimizing the children of Edward and Elizabeth Woodville’s marriage, as happened to Henry VIII’s variously tainted offspring; or even ignoring the issue and proceeding to the coronation of Edward V, which would legitimize him by making him the Lord’s anointed, and render allegations of his bastardy as newer versions of the old tittle-tattle about his father."
In short, even if Edward IV truly had a pre-contract with Eleanor Talbot, and even if all of his children with Elizabeth Woodville were supposedly illegitimate, it should by no means prevent Edward V from succeeding his father to the throne. If Richard truly wanted to support his nephew, he had a variety of useful and entirely workeable options to choose from. Instead, he officially declared his nieces and nephews (including a literal 3-year-old) illegitimate, kept Edward V and his even younger brother confined in the Tower of London, and declared himself King.
Why didn't Richard take these actions, all of which he would have been well aware of? As Horspool says simply: "that Richard took none of these courses was because he had no interest in doing so."
The ONLY conclusion we can come to based on Richard's actions is summarized most succinctly by A.J Pollard:
"The truth of the matter is that Richard III did not want Edward V to be legitimate because he did not want him to be king."
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