Lectures on the Constitution and Laws of England: With a Commentary on Magna Charta, and Illustrations of Many of the English Statutes, Volume 2Thomas B. Wait and Company, 1805 - Constitutional history |
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Page iv
... feudal monarchy - Villeins in gross and villeins belonging to the land of the Lord - The condition of villeins - The different ways by which a man may become a villein - The means by which villenage or its effects may be suspended ...
... feudal monarchy - Villeins in gross and villeins belonging to the land of the Lord - The condition of villeins - The different ways by which a man may become a villein - The means by which villenage or its effects may be suspended ...
Page 10
... feudal constitutions , every imme- diate military tenant of the crown , however small his holding , was obliged to assist the king with his ad- vice , and entitled likewise to give or refuse his assent to any new law or subsidy , that ...
... feudal constitutions , every imme- diate military tenant of the crown , however small his holding , was obliged to assist the king with his ad- vice , and entitled likewise to give or refuse his assent to any new law or subsidy , that ...
Page 12
... feudal baronies could not , strictly or properly speaking , be increased by the king ; for they could be created only out of lands , and there were no lands vacant to create new ones out of , for the king's demesne's were , in those ...
... feudal baronies could not , strictly or properly speaking , be increased by the king ; for they could be created only out of lands , and there were no lands vacant to create new ones out of , for the king's demesne's were , in those ...
Page 19
... feudal baronies by tenure , which undoubtedly were all in the sole disposition of the king * . But Henry the Seventh , having trodden down all opposition , was fortunate enough to carry the point Richard had vainly attempted , and ...
... feudal baronies by tenure , which undoubtedly were all in the sole disposition of the king * . But Henry the Seventh , having trodden down all opposition , was fortunate enough to carry the point Richard had vainly attempted , and ...
Page 23
... feudal law , was not ori- ginally , a part of the feudal policy . They were , in- deed , always chosen out of the king's companions , who resided in his house , and were therefore called comites , but they were not set to preside over ...
... feudal law , was not ori- ginally , a part of the feudal policy . They were , in- deed , always chosen out of the king's companions , who resided in his house , and were therefore called comites , but they were not set to preside over ...
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Common terms and phrases
act of parliament action afterwards alien allodial ancient appears assize attend barons bishop called canon canon law cause Chancery chap church civil clergy Coke common law Conqueror conquest consequently constitutions of Clarendon copyhold county court court of equity crown curia regis demesne earl ecclesiastical Edward Edward the Confessor election English escheat Exchequer excommunication father favor felony feudal law France freeholders freemen granted hath heir held Henry hist Inst issue John judges jurisdiction jury justice king King's Bench kingdom laity lands law of England LECTURE liberty likewise lord lord's Magna Charta matters maxim ment military tenants Norman Normandy oath obliged observed offences officers palatine parium party peers person pleas Pope possession pretence prince privileges proceedings proper punishment reason reign relief remedy Saxon seize sheriff shew socage statute suit summoned temporal tenure thing tion trinoda necessitas vassal villein villenage William words writ
Popular passages
Page 57 - Acts as to them seemeth should pass in the same Parliament, and such causes, considerations, and Acts affirmed by the King and his Council to be good and expedient for that land, and his license thereupon, as well in affirmation of the said causes and Acts as to summon the said Parliament under the great seal of England, had and obtained.
Page 264 - ... 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...
Page 192 - This is the language of the judges of the Court of King's Bench to the highest court in England. I believe it to be in the true spirit of the principles and usages of the common law. It was boldly held to a court composed of the aristocracy, the clergy, the judges of the Common Pleas, and barons of the Exchequer, in which the Lord Chancellor presides. It was a manly defiance of their power, and fearless appeal to their common right as free-born people of England, the common law, the guardian mother...
Page 57 - ... to be good and expedient for that land, and his licence thereupon, as well in affirmation of the said causes and acts, as to summon the said parliament, under his great seal of England had and obtained ; that done, a parliament to be had and holden after the form and effect afore rehearsed : and if any parliament be holden in that land hereafter, contrary to the form and provision aforesaid, it be deemed void and of none effect in law.
Page 49 - ... of no value; whereof every of them pretended a voice equivalent, as to 'such elections to be made, with the most worthy knights and esquires dwelling within the same counties, whereby manslaughters, riots, batteries, and divisions among the gentlemen and other people of the same counties, shall very likely rise and be, unless convenient and due remedy be provided in this behalf...
Page 44 - ... the Constit. of Parliament, p. 38. Sullivan, in page 212 of his Lectures, asserts " that the feudal principles were principles of liberty, but not of liberty to the whole nation, or even to the conquerors; I mean as to the point I am now upon, of having a share in the legislation—that was reserved to the military tenants, and to such of them only as held immediately of the King.
Page 61 - all Things were common to all," but afterward, with the emergence of private property, there "arose battles"; "then it was ordained by Constitution of Nations . . . that he that was taken in Battle should remain Bond to his taker for ever, and he to do with him, all that should come of him, his Will and Pleasure, as with his Beast, or any other Cattle, to give, or to sell, or to kill.
Page 201 - Concerning appeals, if they should occur, they ought to proceed from the archdeacon to the bishop, from the bishop to the archbishop. And if the archbishop should...
Page 56 - Edward the second, no parliament be holden hereafter in the said land, but at such season as the king's lieutenant and council there first do certify the king, under the great seal of that land, the causes and considerations, and all such acts as them seemeth should pass in the same parliament...
Page i - Lectures on the constitution and laws of England: with a commentary on Magn'a charta, and illustrations of many of the English statutes.