Inquisitiones Post Mortem
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On the Agricultural Community of the Middle Ages, and Inclosures of the Sixteenth Century in England
On The Agricultural Community of the Middle Ages, and Inclosures of the Sixteenth Century in England. Second Edition. Translated from the German of Erwin Nasse, by Colonel H. A. Odvey (Late 9th Lancers). “In der Beherrschung der Erde liegt die Kraft des Mannes und des Staates: die Grösse Roms ist gebaut auf die ausgedehnteste und unmittelbarste Herrschaft der Burger uber den Boden and auf die geschlossene Einheit dieser also festgegründeten Bauerschaft.” — MOMMSEN. Erwin Nasse (1829–1890) Originally published 1872. by Williams and Norgate London. This edition published 2003 Batoche Books [email protected] Contents Translator’s Preface. .......................................................................... 5 Preface. .............................................................................................. 6 On the Agricultural Community of the Middle Ages. ....................... 8 Notes: ............................................................................................... 82 Translator’s Preface. The extract from a speech of Richard Cobden, which appeared as a Preface to the First Edition of this work, has been omitted in the present issue, as it might be supposed to stamp with a political character that which is merely an academical essay. H. A. Ouvey. 29, Hyde Park Place, January 1st, 1872. Preface. The translation of this work, which was published under the distin- guished sanction of the Cobden Club by Colonel H. A. Ouvry, C.B., having now reached a second edition, a few explanatory words from the author may not seem out of place. The original treatise was published in 1869, as one of those academical essays which are distributed annually to the Members of this University before the 3rd of August, the anniversary of the day on which the University was founded in 1818. These essays are intended to contain the results of purely scientific researches. -
RIEVAULX ABBEY and ITS SOCIAL ENVIRONMENT, 1132-1300 Emilia
RIEVAULX ABBEY AND ITS SOCIAL ENVIRONMENT, 1132-1300 Emilia Maria JAMROZIAK Submitted in Accordance with the Requirements for the Degree of Doctor of Philosophy The University of Leeds School of History September 2001 The candidate confirms that the work submitted is her own and that appropriate credit has been given where reference has been made to the work of others i ACKNOWLEDGEMENT I would like to express my gratitude to my supervisor Dr Wendy Childs for her continuous help and encouragement at all stages of my research. I would also like to thank other faculty members in the School of History, in particular Professor David Palliser and Dr Graham Loud for their advice. My thanks go also to Dr Mary Swan and students of the Centre for Medieval Studies who welcomed me to the thriving community of medievalists. I would like to thank the librarians and archivists in the Brotherton Library Leeds, Bodleian Library Oxford, British Library in London and Public Record Office in Kew for their assistance. Many people outside the University of Leeds discussed several aspects of Rievaulx abbey's history with me and I would like to thank particularly Dr Janet Burton, Dr David Crouch, Professor Marsha Dutton, Professor Peter Fergusson, Dr Brian Golding, Professor Nancy Partner, Dr Benjamin Thompson and Dr David Postles as well as numerous participants of the conferences at Leeds, Canterbury, Glasgow, Nottingham and Kalamazoo, who offered their ideas and suggestions. I would like to thank my friends, Gina Hill who kindly helped me with questions about English language, Philip Shaw who helped me to draw the maps and Jacek Wallusch who helped me to create the graphs and tables. -
Land and Feudalism in Medieval England
Land and Feudalism in Medieval England by Magistra Rosemounde of Mercia Most people know that the feudal system controlled property ownership in England after the Norman conquest of 1066, but without a real understanding of what that means. Feudalism (the term was not actually used until the 17th century) was a social as well as an economic system. It combined elements of Germanic tradition with both Roman and Church law. It is a law of conquerors. The basis of English feudalism was that every person's position in society was defined through a relationship with land, because land was the major source of revenue and the real source of power. Prior to the Conquest, two types of land holdings were known in England: the Celtic, and later, the Germanic or Saxon. Under Celtic custom, all land was held by the sword. There were no legal institutions to protect ownership, only the owner's ability to hold it. Under the Saxon system, land ownership was tied to families. Land was not held of any superior and was not allowed to leave family possession. This form of holding was called folk-land. Folk-land was measured by dividing it into large counties that were then subdivided into hundreds. Later, as Saxon law was influenced by Roman law and the Christian Church, two other holdings developed: book-land, land that was a gift from a superior, and laen-land, land that was loaned to someone outside the family unit in exchange for something. This changed with the Norman conquest. William the Conqueror and his successors, claimed ownership of all the land in England, and everyone else held their land either directly or indirectly from the King. -
Quia Emptores, Subinfeudation, and the Decline of Feudalism In
QUIA EMPTORES, SUBINFEUDATION, AND THE DECLINE OF FEUDALISM IN MEDIEVAL ENGLAND: FEUDALISM, IT IS YOUR COUNT THAT VOTES Michael D. Garofalo Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS August 2017 APPROVED: Christopher Fuhrmann, Committee Chair Laura Stern, Committee Member Mickey Abel, Minor Professor Harold Tanner, Chair of the Department of History David Holdeman, Dean of the College of Arts and Sciences Victor Prybutok, Dean of the Toulouse Graduate School Garofalo, Michael D. Quia Emptores, Subinfeudation, and the Decline of Feudalism in Medieval England: Feudalism, it is Your Count that Votes. Master of Science (History), August 2017, 123 pp., bibliography, 121 titles. The focus of this thesis is threefold. First, Edward I enacted the Statute of Westminster III, Quia Emptores in 1290, at the insistence of his leading barons. Secondly, there were precedents for the king of England doing something against his will. Finally, there were unintended consequences once parliament passed this statute. The passage of the statute effectively outlawed subinfeudation in all fee simple estates. It also detailed how land was able to be transferred from one possessor to another. Prior to this statute being signed into law, a lord owed the King feudal incidences, which are fees or services of various types, paid by each property holder. In some cases, these fees were due in the form of knights and fighting soldiers along with the weapons and armor to support them. The number of these knights owed depended on the amount of land held. Lords in many cases would transfer land to another person and that person would now owe the feudal incidences to his new lord, not the original one. -
Black's Law Dictionary®
BLACK'S LAW DICTIONARY® Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern By HENRY CAMPBELL BLACK, M. A. SIXTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF Coauthors JOSEPH R. NOLAN Associate Justice, Massachusetts Supreme Judicial Court and JACQUELINE M. NOLAN-HALEY Associate Clinical Professor, Fordham University School of Law Contributing Authors M. J. CONNOllY Associate Professor (Linguistics), College of Arts & Sciences, Boston College STEPHEN C. HICKS Professor of Law, Suffolk University Law School, Boston, MA MARTINA N. All BRANDI Certified Public Accountant, Bolton, MA ST. PAUL, MINN. WEST PUBLISHING CO. 1990 "BLACK'S LAW DICTIONARY" is a registered trademark of West Publishing Co. Registered in U.S. Patent and Trademark Office. COPYRIGHT @ 1891, 1910, 1933, 1951, 1957, 1968, 1979 WEST PUBLISHING CO. COPYRIGHT @ 1990 By WEST PUBLISHING CO. 50 West Kellogg Boulevard P.O. Box 64526 St. Paul, Mn 55164-0526 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Data Black, Henry Campbell, 1850-1927. [Law dictionary] Black's law dictionary / by Henry Campbell Black. - 6th ed. / by the publisher's editorial staff; contributing authors, Joseph R. Nolan ... let al.] p. cm. ISBN 0-314-76271-X 1. Law-United States-Dictionaries. 2. Law-Dictionaries. I. Nolan, Joseph R. II. Title. KF156.B53 1990 340' .03-dc20 90-36225 CIP ISBN 0-314-76271-X ISBN 0-314-77165-4 deluxe Black's Law Dictionary 6th Ed. 2nd Reprint-1990 PREFACE This new Sixth Edition starts a second century for Black's Law Dictionary-the standard authority for legal definitions since 1891. -
Commentaries on the Laws of England : in Four Books / by Sir William
THE FEUDAL SYSTEM. 43 Chap. 4.] These are the general divisions of rent; but the difference between them (in respect to the method of recovering them) is now totally abolished; and all persons may have the like remedy by distress for rents-seck, rents of assize, and chief-rents, as in case of rents reserved upon lease. (g) Rent is regularly due and payable upon the land from whence it issues, if no particular place is mentioned in the reservation: (h) but in case of the king, the payment must be either to his officers at the exchequer, or to his receiver in the country. (i) And strictly the rent is demandable and payable before the time of sunset of the day whereon it is reserved; (k) though perhaps not absolutely due till midnight. (l) With regard to the original of rents, something will be said in the next chapter; and, as to distresses, and other remedies for their recovery; the doctrine relating thereto, and the several proceedings thereon, these i. properly to the third part of our Commentaries, which will treat of civil injuries, and the means whereby they are redressed. CHAPTER IV. OF THE FEUDAL SYSTEM. It is impossible to understand with any degree of accuracy, either the civil constitution of this kingdom, (1) or the laws which regulate its landed property, without some general acquaintance with the nature and doctrine of feuds, or the feudal law : a system so universally received throughout Europe upwards of twelve centuries ago, that Sir Henry Spelman (a) does not scruple to call it the law of nations in our western world. -
From the Norman Conquest of England to the Great Reform Act∗
How Merchant Towns Shaped Parliaments: From the Norman Conquest of England to the Great Reform Act∗ Charles Angelucci Simone Meraglia Nico Voigtländer (Columbia) (Exeter) (UCLA, NBER, and CEPR) This version: 28 October 2018 Abstract After centuries of stagnation in the “Dark Ages,” the Commercial Revolution led to a boom in economic activity and urbanization across Western Europe. The surge in trade and commerce that began in the 11th century was followed by the emergence of self-governing merchant towns. Soon after, these merchant towns gained representation in regional and national parliaments. This paper establishes the mechanism by which trade led to parliamentary representation, via municipal auton- omy. We focus on England after the Norman Conquest of 1066 and build a novel comprehensive dataset of 554 Medieval towns (boroughs), tracking their institutional development over eight cen- turies. We document a two-step process: First, inefficiencies in the king’s centralized system of tax collection became increasingly distortive to trading towns. In a mutually beneficial solution, mer- chant towns paid higher annual taxes in exchange for Farm Grants – the right of self-governed tax collection, cutting out royal officials. Second, Farm Grants were stepping stones towards represen- tation in the English Parliament: To raise extra-ordinary taxes (e.g., for wars) from self-governed towns, the king had to negotiate with them – and negotiations took place in Parliament. We also show that Medieval self-governance had important long-term consequences and interacted with nationwide institutional changes. Boroughs with Medieval Farm Grants continued to have broader voting rights in the 17th to 19th centuries, they raised troops to back Parliament against the king during the Civil War in 1642, and they supported the Great Reform Act of 1832 that extended the franchise. -
Chetwynds of Ingestre
THE CHETWYNDS OF INGESTRE BEING A HISTORY OF TH.AT FAMILY FROM A VERY EARLY DATE BY H. E. C}tEftWYNJ)-STAPY~TON WITH ILLUSTRATIONS BY THE AUTHOR LONDON LONGMAN S, GREEN, AND CO. AND NEW YORK : 15 EAST 16th STREET 1892 .All rights re,ert:ed LOKl>ON: B.BAl>BtTRY1 ~GNEW, & CO. LIKD., l'BtNTE:BS, WBITEFRI.a\BS -.•.:· I~ ···:·.. ··... •. C' 'j' J-::, T,' ~::--, •. \. _f I f-j_ /\. J , l , 188() PREFACE. THE CHETWYNDS OF lNGESTRE are descended from a Shropshire family now almost extinct in that county, who when surnames first came into use took their name from the manor or place in which they lived. Adam de Chetwynde is the first of whom we find any record, his name occurring in a Forest Roll of the year 1180. He is the common ancestor of every one who bears or ever bore the name of Chetwynd. From the reign of Henry II. to the present time, there have been twenty-three generations in the male line. The Princess Godiva, widow of Leofric King of ~Iercia, was Lady of_ the AI an or of Chetwynd in Saxon times, and of one other small manor in Shropshire. At the Norman Invasion Duke "\Villiam gave her lands, and a great part of the county besides, to Earl Roger de Montgomeri, who had been one of his lieutenants at the Battle of Hastings. At the· Domesday Survev one· Turold, a Norman, was the Earl's undertenant at " Chetwynd and in certain other manors ordinarily kno\vn as the Fee of Chetwynd, of which Chetwynd was the chief n1anor. -
"Undue" Influence? Jeffrey G
Brooklyn Law Review Volume 73 | Issue 2 Article 3 2008 Can Religious Influence Ever Be "Undue" Influence? Jeffrey G. Sherman Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Jeffrey G. Sherman, Can Religious Influence Ever Be "Undue" Influence?, 73 Brook. L. Rev. (2008). Available at: https://brooklynworks.brooklaw.edu/blr/vol73/iss2/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Can Religious Influence Ever Be “Undue” Influence? Jeffrey G. Sherman† [T]here are no instances where men are so easily imposed upon as at the time of their dying, under pretense of charity . Attorney-General v. Bains1 The short answer to my title’s question is “yes.” The longer answer is, well, longer. The Lord Chancellor’s quoted remark about charity and deathbed susceptibility reflects our law’s longstanding uneasiness with eleventh-hour charitable bequests and our courts’ struggle to differentiate between a testator’s own independent charitable impulses and those imposed on her by an outsider playing upon her fears or weakness. The Bains case itself involved an improperly executed will.2 The defective will contained a charitable bequest, and the Chancellor was asked to rule that the bequest was nonetheless effective (as an appointment), presumably because of the longstanding judicial policy favoring transfers to charity.3 He refused.4 A lack of proper execution may suggest † Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology. -
Feudalism in the Twelfth Century Charters of the Low Countries
Feudalism in the twelfth century charters of the Low Countries Dirk Heirbaut (Ghent) 1. The Low Countries: fallen from grace in the historiography of feudalism When François-Louis Ganshof wrote his classic study of feudalism, he awarded a place of honour to the Low Countries because in his opinion feudalism had come into existence in the area between Loire and Rhine, the heartland of the Carolingian empire. Looking closer it turns out that he narrowed down even this selection, using most of all examples from the Low Countries. It is a bit suspicious that Ganshof thus turned his own part of Europe into the country of true feudalism, but he justified this by claiming that there are few other regions with so many explicit sources about feudal institutions during the High Middle Ages. Today’s literature of feudalism stands in a sharp contrast with Ganshof’s manual, as the Low Countries no longer have the leading part. In fact, some books leave them out of the story altogether1. The Mediterranean, or at least the Christian part of it, has become the centre of attention. This means that it was a good idea of the editors of this book to also include a paper on the Low Countries, because the difference between Ganshof and today begs for an explanation and, most of all, a look into the sources of feudalism in Flanders and Lotharingia. The latter will in this article be interpreted in the same way as in Ganshof’s book, which means Lower Lotharingia, without the principalities of the Lower Rhine, i.e. -
Domesday Book and Beyond: Three Essays in the Early History of England Frederic William Maitland
Domesday Book and Beyond: Three Essays in the Early History of England Frederic William Maitland Essay One Domesday Book At midwinter in the year 1085 William the Conqueror wore his crown at Gloucester and there he had deep speech with his wise men. The outcome of that speech was the mission throughout all England of 'barons,' 'legates' or 'justices' charged with the duty of collecting from the verdicts of the shires, the hundreds and the vills a descriptio of his new realm. The outcome of that mission was the descriptio preserved for us in two manuscript volumes, which within a century after their making had already acquired the name of Domesday Book. The second of those volumes, sometimes known as Little Domesday, deals with but three counties, namely Essex, Norfolk and Suffolk, while the first volume comprehends the rest of England. Along with these we must place certain other documents that are closely connected with the grand inquest. We have in the so-called Inquisitio Comitatus Cantabrigiae, a copy, an imperfect copy, of the verdicts delivered by the Cambridgeshire jurors, and this, as we shall hereafter see, is a document of the highest value, even though in some details it is not always very trustworthy.(1*) We have in the so-called Inquisitio Eliensis an account of the estates of the Abbey of Ely in Cambridgeshire, Suffolk and other counties, an account which has as its ultimate source the verdicts of the juries and which contains some particulars which were omitted from Domesday Book.(2*) We have in the so-called Exon Domesday -
Chaucer's Franklin
Fort Hays State University FHSU Scholars Repository Master's Theses Graduate School Spring 1961 Chaucer's Franklin Dale M. Anderson Fort Hays Kansas State College Follow this and additional works at: https://scholars.fhsu.edu/theses Part of the English Language and Literature Commons Recommended Citation Anderson, Dale M., "Chaucer's Franklin" (1961). Master's Theses. 692. https://scholars.fhsu.edu/theses/692 This Thesis is brought to you for free and open access by the Graduate School at FHSU Scholars Repository. It has been accepted for inclusion in Master's Theses by an authorized administrator of FHSU Scholars Repository. to 't .#;. l ' (_ i (! J. • ((_; 1 -'-., C l..} LC i U} t ,O~ B 0 <g,t · i. l · r S r .; •, l ) J I i h Lo t ilr f I" .-•i JT~J 1ml L erer:t n t e I' . 1 to lv t l t n l J ,lph .. Cl or tt,ellin , ;1;. r- lt n t - .o . :.cl (;O l.v oult C bt i C , l d Ehe r.i ,ht \f\;:}~ t ,J(; 1 n:lo 11. i T .J.. l 1 1. • 11 H I. ·~ 3 3t n a.: L i,l ----'r · \-:_ln } · · n h to s Y, itCCG•,tul t' .e ,oi, 1,:,1, 11 n t "' tro· lo to e t t t i.r,c u nt ,l i 1 H to 3lr~,I y 1' l1U • l l :i '\ [ l n l :,.c <le co 1, v) om re 0 t ,;...t ; t, ·c e>ted for cla f' ran; t in r.:uik f ,, ,, fr· klir!, i '0 uf ll u J ·m t,e l >H e OJ.