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abbot action alien already ancient appears assize barons become beginning bishop body Book bound Bracton called canons cause century charter chief church claim clerk common corporation course crown custom demesne distinction doubt duty ecclesiastical Edward England English example fact feudal freeholders French gift give given Glanvill hand heir held Henry hold hundred Hundred Rolls important judges justice king king's king's court knights land later lawyers least less lord lord's manor matter means merely military natural Norman Note Book owes perhaps person Pleas practice protected question regarded reign relief rent Rolls Roman royal rule scutage seems serf serjeanty socage sometimes speak statute tenant tenement tenure term theory thirteenth century treated villein villeinage whole writ
Page 560 - ... view of frankpledge and all that to view of frankpledge doth belong...
Page 278 - Hear this, my lord: I will be faithful to you of life and member, goods, chattels, and earthly worship, so help me God and these holy gospels of God.
Page xxxi - Such is the unity of all history that any one who endeavours to tell a piece of it must feel that his first sentence tears a seamless web.
Page 35 - ... has passed into common use as a kind of ornament of speech, without any clear sense of its historical meaning. The two phrases are, indeed, intimately connected; they come from the time when the king's protection was not universal, but particular, when the king's peace was not for all men or all places, and the king's highway was in a special manner protected by it. Breach of the king's peace was an act of personal disobedience, and a much greater matter than an ordinary breach of public order;...
Page xxii - And, in point of fact, there is no trace of the laws and jurisprudence of imperial Rome, as distinct from the precepts and traditions of the Roman Church, in the earliest Anglo-Saxon documents. Whatever is Roman in them is ecclesiastical.
Page 61 - ... writs and oaths, have French names. In the province of justice and police with its fines, its gaols and its prisons, its constables, its arrests, we must, now that outlawry is a thing of the past, go as far as the gallows if we would find an English institution.
Page 232 - This, as we shall soon see, practically alters the whole nature of the institution. Another century goes by and scutage itself has become antiquated and unprofitable ; another, and scutage is no longer taken. Speaking roughly we may say that there is one century...
Page 226 - ... 9. If a quarrel arise between a clerk and a layman or between a layman and a clerk concerning any tenement which the clerk wishes to attach to the church property, but the layman to a lay fee: by the inquest of twelve lawful men, through the judgment of the chief Justice of the king, it shall be determined, in the presence of the Justice himself whether the tenement belongs to the church property, or to the lay fee. And...
Page 183 - Of his own free will the small [p. 182] freeholder passed by his lord's court and the county court on his way to the great hall. He could there obtain a stronger and better commodity than any that was to be had elsewhere, a justice which, as men reckoned in those days, was swift and masterful ; he could there force his adversary to submit to a verdict instead of finding that his claim was met by some antique oath with oath-helpers. The voice of the nation, or what made itself heard as such, no longer,...