Transfer of Land in Old English Law (Google eBook)

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Harvard law review association, 1907 - 548 pages
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Page 543 - ... or skilaman, speaks in their behalf and pronounces the formula concluding the transaction. And what is more, there is the same relation between the action of the fastar and that of the public court as in England. Indeed, the president of the latter, the haradshbvding, for instance, may be called upon to take the part of the skilaman, 1 P.
Page 533 - Domesday evidence,3 had power to do with their land what they pleased. As, however, our materials are almost exclusively drawn from books, we need not wonder that we hear very little about the less " bookish " forms of transfer. They consisted probably in ceremonial actions before popular courts, among which the handing over of a sod must have played a prominent...
Page 545 - This moot is also said to have been assembled once at Wermington in the hundred of Wilebroc. The jurisdiction over eight hundreds is one of the great features of the franchise of Peterborough in feudal times. The abbey held a court for the hundreds of...
Page 537 - Thus references to safes form the bulk of the Peterborough memoranda. Let us remember that proper deeds of sale do not occur in the collection of Anglo-Saxon land books. Although written instruments very often treat of transactions based on purchase, the form of a contract of sale was not used by the Anglo-Saxon clerks.
Page 539 - ... the placing of a sod into the lap of. the person acquiring the property, an act reminding us forcibly of the in laisum jactare, the throwing of a stick into the lap of the grantee, in Prankish law. Tradition by passing the sod occurs in English charters of the period preceding the Danish invasions, and we have to consider it, not as an importation from Scandinavian parts, but as a ceremony common to both nations, and probably going back to early Teutonic...
Page 537 - ... value of customs which were yet new and not sufficiently recognized in England. Where these customs mostly came from is made clear by some particulars of their list. Witword is a technical Norse term : it means the assertion of a right by a party to whom the way to such assertion is legally open...
Page 545 - Dd. i. 220 b. commonly treated as a wapentake. The varying designation of the division by a Saxon and a Scandinavian term, it may be said in passing, is in itself characteristic of a district which had been strongly held by the Danes, and where Scandinavian influence manifests itself in a number of facts.1 Combined moots of three hundreds are mentioned twice.
Page 544 - The skotning before the tiling in cases of land transfer, and the participation of kinsmen and friends backing both sides in the case of wedding, are, however, still clearly perceptible in this variety of Scandinavian law.8 3.
Page 547 - The hundred gem6ts and the shires at the time of the Domesday Survey constantly refer to their having received, or not received, writs, or signet, or message, in regard to the tenure of such and such an estate, and some of these references apply to the reign of King...
Page 547 - This means that even books and royal commands had to be produced before the shire or the hundred gemot in order to secure title. The inference would be that folk right transactions were even more bound up with formal acts and declarations in public courts. In this connection it is impossible to disregard the fact that publication at a thing,

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