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The History of English Law, Vol. 1: Before the Time of Edward I (Classic ...
No preview available - 2015
abbot action alien amerced ancient demesne assize bailiffs barons become bishop borough bound Bracton burgesses canons charter church claim clerk Conquest corporation county court crown custom demesne Domesday Book duty Earl ecclesiastical Edward I.'s England English law escheat exchequer feoffment feudal frankalmoin frankpledge freeholders French gift Glanvill hand heir held Henry Hist hold homage honour hundred I.'s day Ibid judgment jurisdiction jury justice king king's court king's justices knight's fee knight's service knights land lawyers Leges litigation lord's manor Manorial Courts matter merchet mesne lord military service monks Norman Normandy Note Book ordinance owes person question quod regarded reign rent rolls Roman law royal rule scutage seems seisin Select Pleas serf serjeanty sheriff socage speak statute Stubbs subinfeudation tenants in chief tenement tenure thegns thirteenth century township twelfth century unfree villein villeinage wardship whole word writ
Page 580 - ... view of frankpledge and all that to view of frankpledge doth belong...
Page 298 - 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 1 - 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 45 - ... 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 xxxii - 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 81 - ... 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 252 - 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 246 - ... 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 203 - 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,...