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The Salisbury Oath: Its Feudal Implications
Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1943 The Salisbury Oath: Its Feudal Implications Harry Timothy Birney Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the History Commons Recommended Citation Birney, Harry Timothy, "The Salisbury Oath: Its Feudal Implications" (1943). Master's Theses. 53. https://ecommons.luc.edu/luc_theses/53 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1943 Harry Timothy Birney THE SALISBURY OATH - ITS FEUDAL IMPLICATIONS by HARRY TIMOTHY BIRNEY, S.J., A.B. A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN LOYOLA UNIVERSITY J~e 1943 TABLE OF CONTENTS INTRODUCTION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 CHAPTER I FEUDALI SM - IN THEORY • • • • • • • • • • • 3 II FEUDALISTIC TENDENCIES IN ENGLAND BEFORE 1066 ••••••••••••••••••••• 22 III NORMAN FEUDALISM BEFORE 1066 • • • • 44 IV ANGLO - NORMAN FEUDALISM PRECEDING THE OATH OF SALISBURy........... 62 V THE SALISBURY OATH • • • • • • • • • • • • • • 81 CONCLUSION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 94 BIBLIOGRAPHY • • • • -
An African Mystery Story Hy Wynant Davis Hubbard X Q
m- I I DECEMBER, 1935 I- If Eastern Edition An African Mystery Story hy Wynant Davis Hubbard X Q m m ilountVemon Pour IZ ounces grape juice, ounces l grapefruit peeled and sliced. Let stand pineapple juice and I pint MOUNT for 3 or 4. hours. Then place a cak VERNON Straight Rye Whiskey into of ice in the bowl; add i split of soda punch bowl. Add 5 unpeeled oranges water — a modern touch that gives and 2 unpeeled lemons sliced small with sparkle —and serve. (This recipe •will make jS to 20 glaiset — for smaller quantity, reduce proportionately) HOinHXTTT I;: nhiskro ERE is a ripe and fruity as it is in tradition, this distinguished whiskey colonial whiskey punch adds a touch of soul-warming joviality to any that has been making holidays merrier ever holiday occasion, since George Washington's day. And the best whiskey to make it with is the same MoutttVertion ~^uit&dm ^ond fine old mellow rye that was first produced Under U. S. Govcmtnene supervision' in Washington's own distillery, and so A Good Guide jBV >0 Good Whiskey named '^Mount Verno?i." As rich in flavor ) 1936, Tho American Memcinnl Spirits Cumoratiun. Ballimore. MJ. December, 1935 $25.22WEEKLY BENEFIT also $10,000 Principal Sum Suppose you meet with an accident Some of the Features of This Limited Policy or sickness tonight—will your in PREMIUM $10 A YEAR No Medical Examination come continue? No Dues No Assessments Remember, few escaps without acci MEN AND WOMEN Payable ^2^5 down 16 to 69 years Accepted dent—and none of us can tell what to $10,000 Principal sum morrow holds for us. -
Outline of the Relations Between England and Scotland (500-1707)
Outline Of The Relations Between England And Scotland (500-1707) By Robert S. Rait Outline Of The Relations Between England And Scotland CHAPTER I RACIAL DISTRIBUTION AND FEUDAL RELATIONS c. 500-1066 A.D. Since the beginning of the eighteenth century, it has been customary to speak of the Scottish Highlanders as "Celts". The name is singularly inappropriate. The word "Celt" was used by Cæsar to describe the peoples of Middle Gaul, and it thence became almost synonymous with "Gallic". The ancient inhabitants of Gaul were far from being closely akin to the ancient inhabitants of Scotland, although they belong to the same general family. The latter were Picts and Goidels; the former, Brythons or Britons, of the same race as those who settled in England and were driven by the Saxon conquerors into Wales, as their kinsmen were driven into Brittany by successive conquests of Gaul. In the south of Scotland, Goidels and Brythons must at one period have met; but the result of the meeting was to drive the Goidels into the Highlands, where the Goidelic or Gaelic form of speech still remains different from the Welsh of the descendants of the Britons. Thus the only reason for calling the Scottish Highlanders "Celts" is that Cæsar used that name to describe a race cognate with another race from which the Highlanders ought to be carefully distinguished. In none of our ancient records is the term "Celt" ever employed to describe the Highlanders of Scotland. They never called themselves Celtic; their neighbours never gave them such a name; nor would the term have possessed any significance, as applied to them, before the eighteenth century. -
The Formation and Progress of the Tiers État, Or Third Estate in France Vol
The Online Library of Liberty A Project Of Liberty Fund, Inc. Augustin Thierry, The Formation and Progress of the Tiers État, or Third Estate in France vol. 2 [1856] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. -
"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. -
The House of Nevill
IDe 1Flo\'a Willa: OR, THE HOUSE OF NEVILL IN SUNSHINE AND SHADE, BY HENRY J. SW ALLOW FELLOW OF THE ROYAL SOCIETY OF LITERATURE; TH£ Soct£TY OF ANTIQUARIES OF SCOTLAND, &c., &c. "To visit the most remarkable scenes of history, to record the impressions thence derived in their immediate vividness, to restore as it were each place and its inhabitants to freshness, and to present them freed from the dust of ages to the genera.I reader-this is the proper labour of tht antiquary."-Howitt. u It is HrsTORIE that hath given us life in our und'e:-standing since the \V ORD itself had life, having made us acquainted with our dead Ancestors ; and out of the dei,,th and darkness of the earth delivered us their .Memorie and Fame.-Sfr \.\'alttr Raleigh. NEWCASTLE-OX-TYNE: A!\'DREW REID, PRINTING COURT BUILDI~GS, AKENSIDE HILL. LONDO:-,': GRIFFITH, FARRAN, & CO., ST . .PAUL'S CHURCHYARD. 1885. [ENTERED AT STATIONERS' HALL.] NEWCASTLF-l'PO-X-TYNE: ANDREW RErn, PRI"XTEN .,Nn PcaLISHER, PRt:-,:TJXG Cot;RT BtirLn::,;r,c: A.10·:,,.:s;nE HILL. BY KIND PERMISSION, Ubts l3ooll IS DEDICATED TO THE REPRESENTATIVE HEADS OF THE HOUSE OF NEVILL, THE MOST HONOURABLE WILLIAM NEVILL. MARQUIS OF ABERGAVENNY j AND THE RIGHT HON. CHARLES CORNWALLIS NEVILLE, BARON BRAYBROOKE. PREF ACE. Tms book is an attempt to produce a record of the Nevill family, which may be of some interest both to the antiquary and the general reader. If, in making this attempt, I have courted the fate of the proverbial person who seeks to occupy two stools, I can only say that the acrobatic performances of this person are somewhat amusing; and I, at least, have succeeded in amusing myself. -
1 an History of the Original Parish of Whalley and Honor of Clitheroe
1 An History of the Original Parish of Whalley and Honor of Clitheroe, by Thomas Dunham Whittaker, LLD, F.S.A., ViCar of Whalley The fourth edition revised and enlarged by John Gough NiChols. F.S.A and the Rev. Ponsonby A. Lyons, B.A. Vol 1 London: George Routledge and Sons, 1872. Book three Chapter two Lords of the Honor of Clitheroe. Pp 236-254 Respect only to general opinion, and to the authority od Dugdale, which has been deCisive, induCes me to plaCe at the head of this Catalogue ILBERT DE LACIi, a Norman adventurer, on whom the Conqueror undoubtedly Conferred the great fee of Pontefract; but, as he is unnoticed under the survey of Blackburnshire by the authentiC reCord of Domesday whiCh was Completed in the last years of the first William, and died early in the reign of Rufus, there is no evidenCe to prove that he was ever conneCted with the subject of this history. Ilbert, however left a son, ROBERT DE LACI, who was Certainly lord of BlaCkburnshire, though it is now impossible to disCover by what means he beCame possessed of it.ii As, however, the Hundred of BlaCkburn at the time of Domesday Constituted a part of those vast possessions whiCh the Conqueror granted to Roger de Busli and Albert de Greslet, the probability is that LaCy aCquired this free from them, and held it under them. This opinion is strengthened by a Charter of Henry 1iii granting Boeland to this Robert son if Ilbert, to be held of the Crown in capite as it had heretofore been of Roger de Poitou. -
General Index
GENERAL INDEX. Abandonment of right gained by prescription, Accumulation of income, i, 174, n. ii, 9, 36, n., 264, n. Ac etiam, clause of, iii, 287, 289. of bastard children, i, 458. Acknowledgment of feme covert's deed, ii, Abatement, iii, 167. 293, n. plea in, iii, 301. of fine, ii, 350. not admitted in partition suit, iii, 302. Act of bankruptcy, ii, 477. verification of, id. in the United States, ii, 477, n. to indictment, iv, 334. Act of grace or pardon, i, 184; iv, 396. of suit in equity, iii, 448. when pleaded, iv, 396, 402. of nuisance, iii, 5,220 and n. Act of indemnity, i, 136. Abbey lands, molesting possessors of, iv, 116. Act of parliament, i, 85. exemption of, from tithes, ii, 32. how enrolled, i, 182. Abbots, i, 155. how made, i, 181. Abbreviations in legal proceedings, iii, 323. its ancient form, i, 182. Abdication of the king, i, 211 ; iv, 78. its approval, i, 184. of James II, i, 212. its authority, i, 186. Abduction of wife, iii, 139. private, i, 86; ii, 3, 344. of child, i, 140. public, i, 85. and marriage of women, i, 443 when binding on the crown, i, 261 of heiress, iv, 208. disobedience to, iv, 122. of girl under fourteen, iv, 16. endeavor to repeal by intimidation, iv, 82, n. or kidnapping, iv, 219. Action, chose in, ii, 290, 396. Abearance, security for, iv, 251-257. Action at law, iii, 116. Abettors, iv, 34,323. feudal, iii, 117. Abeyance of the freehold, ii, 107. real, id. -
The Seventeenth-Century Revolution in the English Land Law
Cleveland State Law Review Volume 43 Issue 2 Article 4 1995 The Seventeenth-Century Revolution in the English Land Law Charles J. Reid Jr. Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Land Use Law Commons, and the Legal History Commons How does access to this work benefit ou?y Let us know! Recommended Citation Charles J. Reid Jr., The Seventeenth-Century Revolution in the English Land Law, 43 Clev. St. L. Rev. 221 (1995) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol43/iss2/4 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. THE SEVENTEENTH-CENTURY REVOLUTION IN THE ENGLISH LAND LAW CHARLES J. REID, JR.1 INTRODUCTION ..................................... 223 I. THE ENGLISH REVOLUTION ........................... 225 A. A Schematic Chronology of the Revolution .......... 225 B. The Gentry and Revolution ...................... 230 II. THE ABOLITION OF THE FEUDAL INCIDENTS AND THE TRIUMPH OF SOCAGE TENURE ......................... 232 A. Origins of Knight Service and Wardship ........... 234 B. The Sixteenth-Century Revival of the Feudal Incidents .................................... 237 C. PopularResistance to the Feudal Incidents and the Eradicationof the Practice .................... 240 Ill. THE ENCLOSURE MOVEMENT, THE DOMESTICATION OF COPYHOLD, AND THE DESTRUCTION OF RIGHTS IN COMMON .... 243 A. Background to the EnclosureMovement of the Seventeenth Century .......................... 243 B. The Attack on Copyhold ........................ 246 1. Fifteenth-Century Conditions ............... 246 2. The Creation and Judicial Protection of Copyhold ................................. 247 3. -
Imagereal Capture
Preliminary Paper No 20 TENURE AND ESTATES IN LAND A discussion paper The Law Commission welcomes your comments on this paper and seeks your response to the questions raised. These should be forwarded to: The Director, Law Commission, P 0 Box 2590, Wellington by Friday, 30 October 1992 June 1992 Wellington, New Zealand The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its aim is to help achieve coherent and accessible laws that reflect the heritage and aspirations of New Zealand society. The Commissioners are: Sir Kenneth Keith KBE - President The Hon Mr Justice Wallace Peter Blanchard The Director of the Law Commission is Alison Quentin-Baxter. The offices of the Law Commission are at Fletcher Challenge House, 87-91 The Terrace, Wellington. Postal address: PO Box 2590, Wellington, New Zealand. Telephone: (04) 4733 453. Facsimile: (04) 4710 959 Use of submissions The Law Commission's processes are essentially public, and it is subject to the Official Information Act 1982. Thus copies of submissions made to the Commission will normally be made available on request, and the Commission may mention submissions in its reports. Any request for the withholding of information on the grounds of confidentiality or for any other reason will be determined in accordance with the Official Information Act. Preliminary Paper/Law Commission Wellington 1992 ISSN 0113-2245 This preliminary paper may be cited as: NZLC PP20 -
Pennsylvania Magazine
THE PENNSYLVANIA MAGAZINE OF HISTORY AND BIOGRAPHY. VOL. XLIII. 1919. No. 4. THE GENESIS OF THE CHARTER OF PENN- SYLVANIA.* BY HON. HAMPTON L. CARSON. Mr. President and Gentlemen of the Law Academy: On looking over the long list of addresses delivered from time to time before your honorable and now ven- erable body, I was surprised to find that no one had attempted an examination of the Charter of Charles II to William Penn with a view of ascertaining the origin of its provisions, or of comparing them with those of other Colonial Charters, all of which, with the single exception of that of Georgia, were of earlier date. All public documents, expressive of political ventures or embodying plans of government, have, of course, a history, and their grants as well as limita- tions of power, if explored, can be traced to sources more or less remote. Such documents have an ances- try. However striking their characteristic features may be, they are never strictly singular; the marks of their relationship are apparent. Moreover, if their ob- jects be similar and they follow each other at appre- ciable intervals, they display in their variations an en- largement of ideas, and a progressive scale of thought. * An address before the Law Academy of Philadelphia, May 8, 1919. VOL. XLIII.—19 289 290 Genesis of the Charter of Pennsylvania. The biographies of those particular instruments which have played a leading part in the establishment or de- velopment of our own institutions constitute an in- teresting as well as instructive chapter in a course of legal study. -
Pages 298 To
298 -.. HISTORY OF LIJIERICK. IIISTOBY OF LIJIERICK. 299 Roch, David, same, The lands granted in 1688, and now about to be disposd of by the Trus- Ronan, Nicholas, same, in stephenson, ~ohh,~all~vau~han, Co. Limcriek, tees, were the county of Limerick :- Stevens, Thomas, same, Acres profitable. Value per annum. Total Value. Skiddy, Nicholas. City of Limerick. 12th Oct., 1696 14,882~. 2a. $4,728 10 0 $61,370 10 10 ~treteh;~dward, same, I In the county Tipperary :- Tobin, James, Fethard, Co. Tipperary* 31,960~. 3a. $8,888 12 0 $45,552 2 6 Thprry, James, City of Limerick, In the county Clare :- Thyrry, Patrick, same, 72,426~. $12,060 17 0 $156,791 l 0 Thyrry, Stephen, same, apothecary, Wall, Gibbon, same, doctor, The conduct of the confiscators made a noise throughout Europe, and in White, William, sami, merchant. Paris a list of those lands was publishd under the following head, a copy of which we now have before us :- So much for cc The glorious, pious, and immortal memory of the good and great King William." So much for the Treaty of Limerick, and the good ETAT DES TERBES CONFISQU~ES. faith of those to whom the fortunes of Ireland were committed in an evil Par le Prince d'Orange, depuis le 13 de Fevrier, 1688, sur les Fideles moment. Catholiques d'Irelande, qui ont semi le Roy, Jacques 11. & 1' ont suivi en France ; Represent& au Parlement dJA.gleterre par les Commissaires em- ployez iJcei effet. As we have this remarkable document in the Book of Distributions, and CHAPTER XXXVTI.