Supplemental notes to the View of the state of Europe during the middle ages

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J. Murray, 1848 - Europe - 418 pages
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Page xiii - Vixi : cras vel atra Nube polum Pater occupato Vel sole puro ; non tamen irritum Quodcunque retro est efficiet, neque Diffinget infectumque reddet Quod fugiens semel hora vexit.
Page 368 - ... by the law of the land ; it is accorded, assented, and established, that from henceforth none shall be taken by petition or suggestion made to our lord the king, or to his council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood...
Page 189 - ... superest, ut de hac ipsa re singuli, quid sentiamus, proferamus neminem iudicantes aut a iure communicationis aliquem, si diversum senserit, amoventes. neque enim quisquam nostrum episcopum se episcoporum constituit aut tyrannico terrore ad obsequendi necessitatem collegas suos adigit, quando habeat omnis episcopus pro licentia libertatis et potestatis suae arbitrium proprium, tamquam iudicari ab alio non possit, quam nee ipse possit alterum iudicare.
Page 369 - In the twenty-fifth of the same king, it was enacted, that " none shall be taken by petition or suggestion to the king or his council, unless it be by indictment or presentment, or by writ original at the common law...
Page 247 - ... triers of the issue : they are individuals who found their opinion upon the evidence, whether oral or written, adduced before them ; and the verdict delivered by them is their declaration of the judgment which they have formed. But the ancient jurymen were not impannelled to examine into the credibility of the evidence...
Page 265 - Government from the folc-land, and converted into an estate of perpetual inheritance. It might belong to the church, to the king, or to a subject. It might be alienable and devisable at the will of the proprietor ; it might be limited in its descent without any power of Alienation in the possessor. It was often granted for a single life, or for more lives than one, with remainder in perpetuity to the church. It was forfeited for various delinquinces to the state.
Page 68 - Romanorum," which, of course, gives a contrary sense. (Rec. des Hist. iv. i30.)* It seems, from some texts of the Burgundian law, that the whole territory was not partitioned at once ; because, in a supplement to the code not much before 520, provision is made for new settlers, who were to receive only a moiety. " De Romanis hoc ordinavimus, ut non amplius a Burgundionibus qui infra venerunt, requiratur, quam, ut prsesens necessitas fuerit, medietas terrae.
Page 287 - Anglorum." And as there is apparent reference to these words in the charter of Henry I, " Legem Edwardi Regis vobis reddo cum illis emendationibus quibus pater meus eam emendavit consilio baronum suorum," the committee are sufficiently moderate in calling this " a clause, tending to give in some degree authenticity to the copy of the charter of William the Conqueror inserted in the ' Red Book of the Exchequer '
Page 297 - II. a court of justice is manifestly distinguishable, both from the select and from the greater council. " In the Curia Regis were discussed and tried all pleas immediately concerning the king and the realm ; and suitors were allowed, on payment of fines, to remove their plaints from inferior jurisdictions of Anglo-Saxon creation into this court, by which a variety of business was wrested...
Page 265 - ... the branch of a tree, or a piece of turf ; and when the donation was in favour of the church, these symbolical representations of the grant were deposited with solemnity on the altar; nor was this practice entirely laid aside after the introduction of title-deeds. There are instances of it as late as the time of the Conqueror. It is not, therefore, cjuite correct to say, that all the lands of the Anglo-Saxons were either folcland or bocland.

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