History of Europe During the Middle Ages, Volume 3

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Colonial Press, 1899
 

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Page 246 - No FREEMAN SHALL BE TAKEN OR IMPRISONED, OR BE DISSEISED OF HIS FREEHOLD, OR LIBERTIES, OR FREE CUSTOMS, OR BE OUTLAWED, OR EXILED, OR ANY OTHERWISE DESTROYED ; NOR WILL WE PASS UPON HIM, NOR SEND UPON HIM, BUT BY LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND.
Page 356 - Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death, but by the laws established in this your realm...
Page 359 - ... under Edward I., presented to the lords in parliament, as much as to the ordinary council. The parliament was considered a high court of justice, where relief was to be given in cases where the course of law was obstructed, as well as where it was defective. Hence the intermission of parliaments was looked upon as a delay of justice, and their annual meeting is demanded upon that ground.
Page 245 - It has been lately the fashion to depreciate the value of Magna Charta, as if it had sprung from the private ambition of a few selfish barons, and redressed only some feudal abuses. It is indeed of little importance by what motives those who obtained it were guided. The real characters of men most distinguished in the transactions of that time are not easily determined at present.
Page 305 - III., the efforts of parliament in behalf of their country were rewarded with success in establishing upon a firm footing three essential principles of our government ; the illegality of raising money without consent ; the necessity that the two houses should concur for any alterations in the law ; and, lastly, the right of the commons to inquire into public abuses, and to impeach public counsellors.
Page 362 - ... could assert that England acquiesced in those abuses and oppressions which it must be confessed she was unable fully to prevent. The word prerogative is of a peculiar import, and scarcely understood by those who come from the studies of political philosophy. We cannot define it by any theory of executive functions. All these may be comprehended in it; but also a great deal more. It is best, perhaps, to be understood by its derivation, and has been said to be that law in case of the king which...
Page 419 - Eorl lost its general sense of good birth and became an official title, for the most part equivalent to Alderman, the governor of a shire or district. It is used in this sense, for the first time, in the laws of Edward the Elder. Yet it had not wholly lost its primary meaning, since we find eorlish and ceorlish opposed, as distributive appellations, in one of Athelstan. (Id. p. 96.) It is said in a sort of compilation, entitled, " On Oaths, Weregilds, and Ranks...
Page 270 - Moreover we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy Church, as also to earls, barons, and to all the commonalty of the land, that for no business from henceforth...
Page 368 - Principum, wishes that a kingdom could be so instituted as that the king might not be at liberty to tyrannize over his people ; which only comes to pass in the present case ; that is, when the sovereign power is restrained by political laws. Rejoice, therefore, my good prince, that such is the law of the kingdom which you are to inherit, because it will afford, both to yourself and subjects, the greatest security and satisfaction.
Page 244 - ... nobility. A convention of these, the king's brother placing himself at their head, passed a sentence of removal and banishment upon the chancellor. Though there might be reason to conceive that this would not be unpleasing to the king, who was already...

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